Utah Code § 26B-9-502 — Utah Code / Title 26B / Chapter 26B-9 / § 26B-9-502
§ 26B-9-502. Suspension of driver license for child support delinquency -- Reinstatement.
Status: in_force

(1) An individual who is delinquent on a child support obligation is subject to the suspension of the individual's driver license as described in this section. (2) Before the office orders a suspension of an individual's driver license under this section, the office shall serve an individual with a notice that the office intends to suspend the individual's driver license. (3) The notice described in Subsection (2) shall: (a) be served by certified mail or personally served if the individual is unable to be served by certified mail; (b) except as otherwise provided in this section, comply with Title 63G, Chapter 4, Administrative Procedures Act; (c) state the amount that the individual is in arrears on the individual's child support obligation; and (d) state that, if the individual desires to contest the suspension of the individual's driver license, the individual must request an informal adjudicative proceeding with the office within 30 days after the day on which the notice is mailed or personally served on the individual. (4) (a) The office shall hold an informal adjudicative proceeding to determine whether an individual's driver license should be suspended if the individual requests a hearing within 30 days after the day on which the notice described in Subsection (2) is mailed or personally served on the individual. (b) The informal adjudicative proceeding described in Subsection (4)(a), and any appeal of the decision rendered in that proceeding, shall comply with Title 63G, Chapter 4, Administrative Procedures Act. (5) Except as provided in Subsections (6) and (7), the office may order that an individual's driver license be suspended if: (a) (i) the individual is in arrears on the individual's child support obligation; and (ii) the individual fails to request an informal adjudicative proceeding within the time period described in Subsection (4)(a) after the notice described in Subsection (2) is mailed or personally served on the individual; or (b) following the informal adjudicative proceeding described in Subsection (4)(a): (i) the presiding officer finds that the individual is delinquent on a child support obligation; and (ii) the finding described in Subsection (5)(b)(i): (A) is not timely appealed; or (B) is upheld after a timely appeal becomes final. (6) Except as provided in Subsection (7), the office shall order that an individual's driver license be suspended if: (a) (i) the individual becomes delinquent at least $35,000 on or after May 6, 2026, on the individual's child support obligation; (ii) the individual has not made a full monthly payment toward the individual's child support obligation for 60 days; and (iii) the individual fails to request an informal adjudicative proceeding within the time period described in Subsection (4)(a) after the notice described in Subsection (2) is mailed or personally served on the individual; or (b) following the informal adjudicative proceeding described in Subsection (4)(a): (i) the presiding officer finds that the individual became delinquent at least $35,000 on or after May 6, 2026, on the individual's child support obligation; and (ii) the individual has not made a full monthly payment towards the individual's child support obligation within 60 days before the day on which the notice described in Subsection (2) was mailed or personally served on the individual; and (iii) the finding described in Subsection (6)(b)(i) or (ii): (A) is not timely appealed; or (B) is upheld after a timely appeal becomes final. (7) The office may not order the suspension of an individual's driver license under Subsection (5) or (6) if the individual: (a) pays the full amount that the individual is in arrears on the individual's child support obligation; (b) subject to Subsection (9): (i) enters into a payment agreement with the office for the payment of the individual's current child support obligation and all arrears; and (ii) complies with the agreement described in Subsection (7)(b)(i) for any initial compliance period required by the agreement; (c) obtains a judicial order staying enforcement of the individual's child support obligation or the amount in arrears; or (d) is not currently delinquent on a child support obligation. (8) The office shall rescind an order made by the office to suspend an individual's driver license if the individual: (a) pays the full amount that the individual is in arrears on the individual's child support obligation; (b) subject to Subsection (9): (i) enters into a payment agreement with the office for the payment of the individual's current child support obligation and all arrears; and (ii) complies with the agreement described in Subsection (8)(b)(i) for any initial compliance period required by the agreement; (c) obtains a judicial order staying enforcement of the individual's child support obligation or the amount in arrears; or (d) is not currently delinquent on a child support obligation. (9) For an agreement described in Subsection (7)(b) or (8)(b), the office shall diligently strive to enter into a fair and reasonable payment agreement that takes into account the individual's employment and financial ability to make payments if there is a reasonable basis to believe that the individual will comply with the agreement. (10) (a) If it is determined that an individual is not delinquent on a child support obligation after the office seeks to suspend the individual's driver license under this section, the office shall refund to the individual any noncustodial parent income withholding fee that was collected from the individual during the erroneously alleged delinquency. (b) Subsection (10)(a) does not apply if the individual described in Subsection (10)(a) is otherwise in arrears on a child support obligation. (11) (a) If the office suspends an individual's driver license under this section, the individual may file a request with the office, on a form provided by the office, to have the office rescind the order of suspension if: (i) the individual claims that, since the time of the suspension, circumstances have changed such that the individual is entitled to have the order of suspension rescinded under Subsection (8); and (ii) the office has not rescinded the order of suspension. (b) The office shall: (i) respond, in writing, to a request described in Subsection (11)(a) within 10 days after the day on which the request is filed with the office; and (ii) state in the response whether the individual is entitled to have the order of suspension rescinded. (c) If an individual submits a request described in Subsection (11)(a) and the office determines that an order to suspend the individual's driver license should be rescinded, the office shall immediately rescind the order. (d) If an individual submits a request described in Subsection (11)(a) and the office determines that an order to suspend the individual's driver license should not be rescinded: (i) the office shall include the reasons for that determination in the response described in Subsection (11)(b); and (ii) the individual may, within 15 days after the day on which the office sends the response described in Subsection (11)(b), appeal the determination of the office to a court with jurisdiction. (e) The office may not require that an individual file the request described in this Subsection (11) before the office orders that an order of suspension is rescinded, if the office has already determined that the order of suspension should be rescinded under Subsection (8). (12) The office may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (a) implement the provisions of this part; and (b) determine when the arrears described in Subsections (7) and (8) are considered paid.