GA Code § 19-11-9.3 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 11 - Enforcement of Duty of Support|Article 1 - Child Support Recovery Act|§ 19-11-9.3. Suspension or Denial of License for Noncompliance With Child Support Order; Interagency Agreements; Report to General Assembly; Duty to Inform Obligors

  As used in this Code section, the term:   "Agency" means the entity within the Department of Human Services which is responsible for enforcing orders for child support pursuant to this article.   "Applicant" means any individual applying for issuance or renewal of a license.   "Certified list" means a list of the names of delinquent obligors in a case being enforced under this article.   "Compliance with an order for child support" means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance.   "Delinquent obligor" means any individual owing a duty of support who is not in compliance with an order for child support.   "Department" means the Department of Human Services.   "License" means a certificate, permit, registration, or any other authorization issued by any licensing entity that allows an individual to operate a motor vehicle or to engage in a profession, business, or occupation.   "Licensee" means any individual holding a license.   "Licensing entity" means any agency, department, or board of this state which issues or renews any license.     The agency shall maintain a state-wide certified list for whom an order for child support has been rendered and who are not in compliance with such order. Such certified list shall be regularly updated. The agency shall submit to each licensing entity a certified list with the name, social security number, if known, date of birth, and last known address of each individual on the list.   All licensing entities shall implement procedures to accept and process the certified list.   Promptly after receiving the certified list from the agency, all licensing entities shall determine whether an applicant or licensee is on the most recent certified list. If an applicant or licensee is on the certified list, the licensing entity shall immediately notify the agency. Such notification shall include the applicant's or licensee's last known mailing address.   After receiving notice from a licensing entity of applicants or licensees who are on the certified list, the agency shall immediately notify those individuals as specified in subsection (f) of this Code section of the agency's intent to request that all pertinent licensing entities suspend all licenses or withhold issuance or renewal of any license.   Notice for purposes of this Code section shall be initiated by the department. Notice to the delinquent obligor shall include the address and telephone number of the agency and shall inform the delinquent obligor of the agency's intent to submit the delinquent obligor's name to relevant licensing entities and to request that the licensing entities withhold issuance or renewal of the license, or suspend the license. Notice shall be sent by first-class mail and receipt by the delinquent obligor may be presumed if the mailing is not returned to the department within 30 days from the date of mailing. The notice shall also inform the delinquent obligor that:   The delinquent obligor has 20 days from the date of mailing to come into compliance with the order or to reach an agreement to pay the delinquency with the agency. If an agreement cannot be reached within that time or if the delinquent obligor does not respond within that time, the agency shall send notice to the licensing entities requesting that the licenses be suspended or the licensure applications be denied;   The delinquent obligor may request an administrative hearing and judicial review of that hearing under subsection (g) of this Code section. A request for a hearing shall be made in writing and shall be received by the agency within 20 days of service of notice; and   If the delinquent obligor requests a hearing within 20 days of service, the department shall stay all action pending the hearing and any appeals.     If no response is received from the delinquent obligor by the department within 30 days from the date of mailing of the notice and the delinquent obligor is still shown as delinquent on the next month's certified list, the department shall request one or more licensing entities to deny or suspend a license of the delinquent obligor. Except as otherwise provided for in Code Section 40-5-54.1, each licensing entity shall notify the delinquent obligor by certified mail or statutory overnight delivery of the date that the license has been denied or suspended.     All delinquent obligors subject to the sanctions imposed in this Code section shall have the right to a hearing before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50. A delinquent obligor who requests a hearing within the time prescribed in subsection (f) of this Code section shall have the right to a hearing. The hearing shall be conducted as provided in Article 2 of Chapter 13 of Title 50 within 45 days after such demand is received. The only issues at the hearing shall be:   Whether there is an order for child support being enforced pursuant to this article;   Whether the licensee or applicant is the obligor covered by that order;   Whether the obligor is or is not in compliance with the order for child support;   Whether the obligor shall be entitled to pay past due child support in periodic payments; and   Whether the obligor has been able and willing to comply with such order for support.     With respect to the issues listed in paragraph (1) of this subsection, evidence relating to the ability and willingness of an obligor to comply with such order for support shall be considered in making the decision to either suspend a license or deny the issuance or renewal of a license under this Code section. The administrative law judge shall be authorized to enter into an agreement or enter an order requiring such periodic payments and, in each event, the administrative law judge shall be authorized to issue a release for the obligor to obtain each license or licenses. Such an agreement shall not act to modify an existing child support order, but rather shall affect only the payment of the arrearage.     The decision at the hearing shall be subject to appeal and judicial review pursuant to Article 2 of Chapter 13 of Title 50 but only as to those issues referred to in subsection (h) of this Code section. Notwithstanding any hearing requirements for suspension and denials within each licensing entity, the hearing and appeal procedures outlined in this Code section shall be the only hearing required to suspend a license or deny the issuance or renewal of a license under this Code section.   The department shall prescribe release forms for use by the agency. When the obligor is determined to be in compliance with an order for child support or is determined to be not in compliance with such order but has been determined in a hearing pursuant to subsection (h) of this Code section to be unable to comply with the order or to be not willfully out of compliance with such order, the agency shall mail to the delinquent obligor and the appropriate licensing entity a notice of release stating such determination. The receipt of a notice of release shall serve to notify the delinquent obligor and the licensing entity that, for the purpose of this Code section, he or she is in compliance with an order for child support, and the licensing entity shall promptly thereafter issue or reinstate the license, unless the agency, pursuant to subsection (b) of this Code section, certifies subsequent to the issuance of a notice of release that the obligor is once again not in compliance with an order for child support.   Any payments received by the department on behalf of a child support recipient under this Code section shall be forwarded to such recipient within 15 days after any such payment is received by the department.   The department may enter into interagency agreements with state agencies that have responsibility for the administration of licensing entities as necessary to implement this Code section. Those agreements shall provide for the receipt by other state agencies and boards of federal funds to cover that portion of costs allowable under federal law and regulation and incurred by state agencies and boards in implementing this Code section.   Any licensing entity receiving an inquiry as to the license status of an applicant who has had an application for issuance or renewal of a license denied under this Code section shall respond only that the license was suspended or the licensure application was denied pursuant to this Code section.   The department shall inform delinquent obligors of resources available which may remedy such delinquent obligor's license suspension.   The department shall, and the licensing entities as appropriate may, adopt regulations necessary to implement this Code section.     (Code 1981, §19-11-9.3, enacted by Ga. L. 1996, p. 453, § 7; Ga. L. 1999, p. 81, § 19; Ga. L. 1999, p. 329, § 5; Ga. L. 2000, p. 1589, § 3; Ga. L. 2004, p. 631, § 19; Ga. L. 2008, p. 381, § 10/SB 358; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2015, p. 60, § 2-1/SB 100; Ga. L. 2017, p. 646, § 1-19/SB 137; Ga. L. 2020, p. 199, § 1-1/HB 463.)    The 2017 amendment,  effective July 1, 2017, rewrote this Code section.    The 2020 amendment,  effective June 30, 2020, substituted "Except as otherwise provided for in Code Section 40-5-54.1, each" for "Each" at the beginning of the second sentence in subsection (g).   Cross references.   - Failure to pay child support prohibits licensure as money transmitter or payment instrument seller, § 7-1-693.    Failure to pay child support prohibits licensure for cash payment instrument, § 7-1-708.1.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, "subsection (h)" was substituted for "subsection (g)" in the first sentence in subsections (i) and (j).   Editor's notes.   - Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to offenses which occur on or after July 1, 2015.   Law reviews.   - For article, "Alimony and Child Support: Limit Issuance or Renewal of Licenses for Failure to Comply with Child Support Order," see 13 Ga. St. U.L. Rev. 127 (1996)   JUDICIAL DECISIONS   Driver's license suspension.    - In a case charging the defendant with driving with a suspended license, the defendant's argument that the state failed to prove that the defendant had notice of the defendant's driver's license suspension under O.C.G.A. § 19-11-9.3(f), (f)(1) of the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., was without merit since the offense of driving while suspended was separate and distinct from the offenses which led to the suspension and since any challenge to the Georgia Department of Human Resources' suspension of the defendant's license was governed by the Administrative Procedure Act and O.C.G.A. § 19-11-9.3(f)(2), (h). Fannin v. State, 267 Ga. App. 413, 599 S.E.2d 355 (2004).    Cited in Department of Human Resources v. West, 241 Ga. App. 677, 527 S.E.2d 280 (1999).   RESEARCH REFERENCES   ALR.   - Validity, construction, and application of state statutes providing for revocation of driver's license for failure to pay child support, 30 A.L.R.6th 483.