An Act to Prohibit the Revocation of a Professional or Occupational License for Lapsed Child Support Payments
Maine Legislature, Session 131, LD 1637
Committee: Judiciary
Sponsors: BRAKEY, BOYER, SAMPSON
Amends: 10 MRSA §8005, 10 MRSA §8006, 12 MRSA §6308, 12 MRSA §6309, 12 MRSA §6351, 12 MRSA §6410, 19-A MRSA §2201

Legislative Document
No. 1637
S.P. 654
In Senate, April 12, 2023
An Act to Prohibit the Revocation of a Professional or Occupational 
License for Lapsed Child Support Payments
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.  (BY REQUEST)
Cosponsored by Representatives: BOYER of Poland, SAMPSON of Alfred.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §8005, as amended by PL 1995, c. 694, Pt. D, §7 and affected by 
Pt. E, §2, is repealed.
Sec. 2.  10 MRSA §8006, as amended by PL 2003, c. 193, §2; c. 396, §§1 and 2; 
and c. 689, Pt. B, §6, is further amended to read:
§8006.  Licensees not in compliance with court order of support and other court 
orders; enforcement of parental support obligations and suspensions
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Board" means any bureau, board or commission listed in section 8001 or 8001‑A, 
other licensors that are affiliated with or are a part of the department and the Board of 
Overseers of the Bar.
B.  "Compliance with a support order" means that the support obligor has obtained or 
maintained health insurance coverage if required by a support order and is:
(1)  No more than 60 days in arrears in making any of the following payments:
(a)  Payments in full for current support;
(b)  Periodic payments on a support arrearage pursuant to a written agreement 
with the Department of Health and Human Services; and
(c)  Periodic payments as set forth in a support order; and
(2)  No more than 30 days in arrears in making payments as described in 
subparagraph (1) if the obligor has been in arrears for more than 30 days in making 
payments as described in subparagraph (1) at least 2 times within the past 24 
months.
C.  "Support order" means a judgment, decree or order, whether temporary, final or 
subject to modification, issued by a court or an administrative agency of competent 
jurisdiction for the support and maintenance of a child, including a child who has 
attained the age of majority under the law of the issuing state, or a child and the parent 
with whom the child is living, that provides for monetary support, health care, 
arrearages or reimbursement and may include related costs and fees, interest and 
penalties, income withholding, attorney's fees and other relief.
D.  "Court-ordered suspension" means a suspension by a court of the right of a licensee 
to hold a professional license based on the contempt procedures pursuant to Title 14, 
sections 3141 and 3142.
2.  Noncompliance with a support order.  An applicant for the issuance or renewal 
of a license or an existing licensee regulated by a board who is not in compliance with a 
support order is subject to the requirements of Title 19‑A, section 2201.
3.  Court-ordered suspension.  An applicant for the issuance or renewal of a license 
or an existing licensee regulated by a board who has not paid a court-ordered fine, court-
appointed attorney's fees or court-ordered restitution is subject to court suspension of all 
licenses as provided in Title 14, sections 3141 and 3142.
Sec. 3.  12 MRSA §6308, as amended by PL 1997, c. 537, §4 and affected by §62, 
is repealed.
Sec. 4.  12 MRSA §6309, as amended by PL 2003, c. 396, §§3 and 4 and c. 689, Pt. 
B, §6, is repealed.
Sec. 5.  12 MRSA §6351, sub-§1, ¶E, as enacted by PL 2009, c. 394, §1, is 
amended to read:
E.  A suspension authorized under section 6409 or 6410.
Sec. 6.  12 MRSA §6410, as amended by PL 2019, c. 642, §3, is repealed.
Sec. 7.  19-A MRSA §2201, as amended by PL 2009, c. 158, §§1 to 3 and c. 290, 
§22, is further amended by amending the section headnote to read:
§2201.  Notice to licensing boards and obligor Revocation of license; judicial review
Sec. 8.  19-A MRSA §2201, sub-§1, as amended by PL 2009, c. 158, §§1 and 2 
and c. 290, §22, is further amended to read:
1.  Notice.  The department may serve notice upon a support obligor who is not in 
compliance with an order of support that informs the obligor of the department's intention 
to submit the obligor's name to the appropriate board Department of Inland Fisheries and 
Wildlife as a licensee who is not in compliance with an order of support.  The notice must 
inform the obligor that:
A.  The obligor may request an administrative hearing to contest the issue of 
compliance;
B.  A request for hearing must be made in writing and must be received by the 
department within 20 days of service;
C.  If the obligor requests a hearing within 20 days of service, the department shall stay 
the action to certify the obligor to a board for noncompliance the Department of Inland 
Fisheries and Wildlife with an order of support pending a decision after hearing;
D.  If the obligor does not request a hearing within 20 days of service and is not in 
compliance with an order of support, the department shall certify the obligor to the 
appropriate board Department of Inland Fisheries and Wildlife for noncompliance with 
an order of support;
E.  If the department certifies the obligor to a board the Department of Inland Fisheries 
and Wildlife for noncompliance with an order of support, the board Department of 
Inland Fisheries and Wildlife must revoke the obligor's license and refuse to issue or 
reissue a license until the obligor provides the board Department of Inland Fisheries 
and Wildlife with a written confirmation of compliance from the department that states 
the obligor is in compliance with the obligor's order of support.  A revocation by an 
agency the Department of Inland Fisheries and Wildlife or a refusal by an agency the 
Department of Inland Fisheries and Wildlife to reissue, renew or otherwise extend the 
license or certificate of authority is deemed a final determination within the meaning 
of Title 5, section 10002; and
G.  The obligor can comply with an order of support by:
(1)  Paying current support;
(2)  Paying all past-due support or, if unable to pay all past-due support and a 
periodic payment for past-due support has not been ordered by the court, by making 
periodic payments in accordance with a written payment agreement with the 
department; and
(3)  Meeting the obligor's health insurance obligation.
The notice must include the address and telephone number of the department's support 
enforcement office that issues the notice and a statement of the need to obtain a written 
confirmation of compliance from that office as provided in subsection 8.  The department 
shall attach a copy of the obligor's order of support to the notice.  Service of the notice must 
be made in the manner provided for service of summons by the Maine Rules of Civil 
Procedure, Rule 4.  For purposes of this subsection, this must be deemed to be an action 
pursuant to Chapter XIII of the Maine Rules of Civil Procedure.  Personal service within 
the State of the notice described in this subsection may be made by an authorized 
representative of the commissioner.
Sec. 9.  19-A MRSA §2201, sub-§1-B, as enacted by PL 1997, c. 466, §9 and 
affected by §28, is amended to read:
1-B.  Failure to comply with written agreement.  Failure to comply with a written 
payment agreement is grounds for license revocation under Title 12, chapter 913 unless the 
obligor notifies the department that the obligor is unable to comply with the agreement and 
provides the department with evidence of the obligor's current financial circumstances to 
support the claim.  The consequences of failing to comply with a written payment 
agreement and the requirements to avoid license revocation, if the obligor can not cannot 
comply with the agreement, must be stated in the agreement.  If the obligor claims inability 
to comply with a written payment agreement, the department, upon motion to the District 
Court, may request the court to determine the obligor's ability to pay past-due support.  
After notice and an opportunity for hearing, the court may make a finding of money due, 
render judgment in that amount and order any relief provided under sections 2603 and 
2603‑A.  For purposes of this subsection, the commissioner may designate employees of 
the department who are not attorneys to represent the department in District Court.  The 
commissioner shall ensure that appropriate training is provided to all employees designated 
to represent the department under this subsection.
Sec. 10.  19-A MRSA §2201, sub-§5, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read:
5.  Stay.  If an obligor timely requests a hearing to contest the issue of compliance, the 
department may not certify the name of the obligor to a board the Department of Inland 
Fisheries and Wildlife for noncompliance with an order of support until the department 
issues a decision after hearing that finds the obligor is not in compliance with an order of 
support.
Sec. 11.  19-A MRSA §2201, sub-§6, as amended by PL 1997, c. 466, §§10 and 
and affected by §28, is further amended to read:
6.  Certification of noncompliance.  The department may certify in writing to the 
appropriate board Department of Inland Fisheries and Wildlife that a support obligor is not 
in compliance with an order of support if:
A.  The obligor does not timely request a hearing upon service of a notice issued under 
subsection 1 and is not in compliance with an order of support 21 days after service of 
the notice;
B.  The department issues a decision after a hearing that finds the obligor is not in 
compliance with an order of support and the obligor has not appealed the decision 
within the 30-day appeal period provided in subsection 3;
C.  The court enters a judgment on a petition for judicial review that finds the obligor 
is not in compliance with a support order;
D.  The obligor abandons a timely request for a hearing on the department's notice of 
noncompliance and is not in compliance with the support order; or
E.  The obligor fails to comply with a written payment agreement, does not notify the 
department that the obligor is unable to comply with the agreement and does not 
provide the department with evidence of the obligor's current financial circumstances.
The department shall send by regular mail a copy of a certification of noncompliance filed 
with a board the Department of Inland Fisheries and Wildlife to the obligor at the obligor's 
most recent address of record.
Sec. 12.  19-A MRSA §2201, sub-§7, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read:
7.  Notice from board Department of Inland Fisheries and Wildlife.  A board The 
Department of Inland Fisheries and Wildlife shall notify an obligor certified by the 
department under subsection 6, without undue delay, that the obligor's application for the 
issuance or renewal of a license may not be granted or that the obligor's license has been 
revoked because the obligor's name has been certified by the department as a support 
obligor who is not in compliance with an order of support.
Sec. 13.  19-A MRSA §2201, sub-§10, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read:
10.  Agreements.  The department and the various boards Department of Inland 
Fisheries and Wildlife shall enter into agreements that are necessary to carry out the 
requirements of this section, but only to the extent the department determines it is cost-
effective.
Sec. 14.  19-A MRSA §2201, sub-§12, as amended by PL 2001, c. 182, §6, is 
further amended to read:
12.  Reporting.  On or before April 1, 1994, or as soon as economically feasible and 
at least annually, all boards subject to this section and the Department of Professional and 
Financial Regulation, Division of Administrative Services Inland Fisheries and Wildlife 
shall provide to the department specified information, on magnetic tape or other machine-
readable form, according to standards established by the department, about applicants for 
licensure and all current licensees.  The Department of Professional and Financial 
Regulation, Office of Securities Inland Fisheries and Wildlife shall provide the specified 
information for only those current licensees that are residents of this State.  The information 
to be provided must include all of the following information about the licensee:
A.  Name;
B.  Address of record;
C.  Federal employer identification number or social security number;
D.  Type of license;
E.  Effective date of license or renewal;
F.  Expiration date of license; and
G.  Active or inactive status.
Sec. 15.  19-A MRSA §2201, sub-§13, as amended by PL 2007, c. 206, §4, is 
further amended to read:
13.  Effect of noncompliance.  The department, upon receipt of the licensee 
information referred to in subsection 12 and registration information referred to in 
subsection 12‑A, shall identify and notify each board and the Department of Professional 
and Financial Regulation, Division of Administrative Services, Inland Fisheries and 
Wildlife of the names of their licensees and registrants who are support obligors subject to 
this section.  The notice must include the social security number and address of the support 
obligor, the name, address and telephone number of the department's designee for 
implementing this section and a certification by the department that it has verified that the 
licensee or registrant is a support obligor subject to this section.  When the department 
notifies a board the Department of Inland Fisheries and Wildlife under this subsection, the 
department shall provide adequate notice of its action to the obligor.  The notice must 
inform the obligor of the right to request a hearing on the issue of whether the obligor is in 
compliance with an order of support.  The board Department of Inland Fisheries and 
Wildlife may not issue or renew a license or registration to a person whose name is on the 
most recent list from the department until the board Department of Inland Fisheries and 
Wildlife receives a copy of the written confirmation of compliance specified in subsection 
8.
Sec. 16.  19-A MRSA §2201, sub-§14, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read:
14.  Subsequent reissuance, renewal or other extension of license or certificate.  
The board Department of Inland Fisheries and Wildlife may reissue, renew or otherwise 
extend the license or certificate of authority in accordance with the board's Department of 
Inland Fisheries and Wildlife's rules after the board Department of Inland Fisheries and 
Wildlife receives a copy of the written confirmation of compliance specified in subsection 
8.  A board The Department of Inland Fisheries and Wildlife may waive any applicable 
requirement for reissuance, renewal or other extension if it determines that the imposition 
of that requirement places an undue burden on the person and that waiver of the 
requirement is consistent with the public interest.
SUMMARY
This bill removes the provisions of law requiring the revocation of a professional or 
occupational license for nonpayment of child support.