An Act To Improve the Child Support Collection Process
Maine Legislature, Session 126, LD 0733
Committee: Judiciary
Sponsors: JOHNSON, BEAULIEU, CRAVEN, LACHOWICZ, MILLETT, VALENTINO
Amends: 19-A MRSA §2202, 19-A MRSA §2603-A

Legislative Document 
No. 733 
S.P. 271 
In Senate, February 28, 2013 
An Act To Improve the Child Support Collection Process 
Reference to the Committee on Judiciary suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator JOHNSON of Lincoln. 
Cosponsored by Representative BEAULIEU of Auburn and 
Senators: CRAVEN of Androscoggin, LACHOWICZ of Kennebec, MILLETT of Cumberland, 
VALENTINO of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §2202, sub-§2, ¶E, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
E.  If the commissioner certifies the obligor to the Secretary of State, the Secretary of 
State must suspend any motor vehicle operator's licenses that the obligor holds and 
the obligor's right to apply for or obtain a motor vehicle operator's license.  The 
commissioner may direct the Secretary of State to issue a work-restricted license to 
operate a motor vehicle between a residence and a place of employment, in the scope 
of employment, or both, as determined by the Secretary of State; 
Sec. 2.  19-A MRSA §2202, sub-§§3 to 5, as enacted by PL 1995, c. 694, Pt. B, 
§2 and affected by Pt. E, §2, are amended to read: 
3.  Administrative hearing.  An obligor may request an administrative hearing 
within 20 days of service of the notice described in subsection 2.  The request for hearing 
must be in writing and must be received by the department within 20 days.  The 
department Secretary of State shall conduct the hearing consistent with the procedures in 
Title 29-A, chapter 23, subchapter 3, article 3 and in accordance with the requirements of 
Title 5, chapter 375, subchapter IV 4.  The issues that may be determined at hearing are 
limited to whether the obligor is required to pay child support under an order of support 
and whether the obligor is in compliance with an order of support, although the obligor 
may raise additional issues, including the reasonableness of a payment agreement in light 
of the obligor's current circumstances, to be preserved for appeal. 
4.  Decision after hearing.  The department administrative hearing officer shall 
render a decision after a hearing under subsection 3 without undue delay as to whether 
the obligor is in compliance with the obligor's order of support.  The decision must be 
based on the hearing record and rules adopted by the commissioner.  The decision must 
inform the obligor that the obligor may file a petition for judicial review of the decision 
within 30 days of the date of the decision.  The administrative hearing officer shall submit 
the complete hearing record, the decision and the reasons for the decision to the 
department immediately upon the making of the decision.  The department shall send an 
attested copy of the decision to the obligor by regular mail to the obligor's most recent 
address of record. 
5.  Appeal to Superior Court.  If the obligor appeals the department's administrative 
hearing officer's decision under subsection 4, the Superior Court may hear and determine 
issues raised at the hearing, including the reasonableness of a payment agreement in light 
of the obligor's current circumstances. 
Sec. 3.  19-A MRSA §2603-A, as enacted by PL 1997, c. 466, §26 and affected by 
§28, is amended by adding at the end a new paragraph to read: 
When suspending the obligor's driver's license or licenses and right to operate a 
motor vehicle, or upon petition of the obligor, the court may direct the Secretary of State 
to issue a work-restricted license to operate a motor vehicle between a residence and a 
place of employment, in the scope of employment, or both, as determined by the 
Secretary of State. 
SUMMARY 
This bill improves the child support collection process associated with the suspension 
and revocation of a child support obligor's driver's license by allowing the Commissioner 
of Health and Human Services and the court to order that the Secretary of State issue a 
work-restricted license. 
The bill separates the determination of nonsupport from the administrative hearing on 
the question of noncompliance.  The bill requires that, when an obligor requests a hearing 
on noncompliance with an order of support, an administrative hearing officer within the 
Department of the Secretary of State  conduct the hearing and report the decision back to 
the Department of Health and Human Services for issuance.