reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-704 - Stays of action - Issuance of decisions - Costs

(a)
If an obligor timely requests a hearing to contest the issue of compliance, or files a motion to modify support or requests that the support obligation be amended as provided in §
36-5-710
, the department shall stay the action and may not certify the name of the obligor to any licensing authority for noncompliance with an order of support until the department issues a written decision after a hearing that finds the obligor is not in compliance with an order of support or until the motion to modify or request to amend is decided, as the case may be; provided, that after a decision by the department has been made in the form of a final order as provided in §
4-5-315
, there will be no further stay unless a reviewing court issues a stay.
(b)
The department shall issue its decision after hearing without undue delay. The department's administrative order must inform the obligor that a petition for judicial review of the department's decision must be filed within sixty (60) days of the date of the administrative order in accordance with the jurisdictional and judicial review provisions of §
36-5-1003
. 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 and to any attorney representing the obligor in connection with the hearing under this part.
(c)
Notwithstanding any law to the contrary, the department is authorized to assess costs to the obligor of the unsuccessful appeal of notice of noncompliance. The department may, by motion in the court with jurisdiction over the support order, recover such costs against the obligor and the court shall direct the obligor to pay such costs to the department.
(d)
Any hearings held pursuant to this part shall be held at the department of human services' office nearest the obligor's home.
Acts 1996, ch. 892, § 5; 1996, ch. 892, §§ 5, 15; 1998, ch. 1098, § 70.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-705 - Certification that obligor is in noncompliance

(a)
The department shall certify in writing or by electronic data exchange to each licensing authority that licenses the obligor that an obligor is not in compliance with an order of support if:
(1)
The obligor does not timely request a hearing upon service of notice issued under §
36-5-702
and is not in compliance with an order of support twenty-one (21) days after service of the notice provided for in §
36-5-702
;
(2)
The obligor has not entered into a written agreement satisfactory to the department for payment of the arrearage within twenty (20) days after service of the notice in §
36-5-702
or within such longer period as may be agreed to by the department, or having entered into such a written agreement has failed to comply with such agreement;
(3)
The department issues a decision after a hearing that finds the obligor is not in compliance with an order of support; or
(4)
A court, upon a petition for judicial review of the department's decision after its issuance of a stay of that decision pending its ruling, enters a judgment that upholds the department's finding that the obligor is not in compliance with an order of support.
(b)
The department shall certify in writing or by electronic data exchange to the department of safety that an obligor is not in compliance with an order of support but is eligible for a restricted license if the department enters into an agreement that includes eligibility for a restricted license, pursuant to §
36-5-714
.
Amended by 2014 Tenn. Acts, ch. 852,s 5, eff. 7/1/2015.
Acts 1996, ch. 892, § 6.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-706 - Denial, suspension or revocation of license - Refusal to reinstate or reissue - Notice

(a)
Notwithstanding any other law, rule or regulation to the contrary, the certification from the department under §
36-5-705
shall be a basis for the denial, suspension or revocation of a license, for refusal to issue or reinstate a license by a licensing authority or for the issuance of a restricted license.
(b)
The licensing authority shall notify, without undue delay, by regular mail, an obligor certified from the department under §
36-5-705
, that:
(1)
The obligor's application for the issuance, renewal or reinstatement of a license has been denied;
(2)
The obligor's current license has been suspended or revoked because the obligor's name has been certified by the department as an obligor who is not in compliance with an order of support; or
(3)
The obligor's current driver license has been revoked because the obligor's name has been certified by the department as an obligor who is not in compliance with an order of support but eligible for a restricted license. The notice shall include information on the process for obtaining a restricted license and paying any restricted license fee required by the department of human services.
(c)
A notice of suspension must specify the reason and statutory grounds for the suspension and the effective date of the suspension and may include any other notices prescribed by the licensing authority. The notice must also inform the individual that in order to apply for issuance, renewal or reinstatement of the license, the individual must obtain a release from the department of human services in accordance with §
36-5-707
.
(d)
A notice to the obligor by the licensing authority to revoke, restrict, deny, suspend, or refuse to renew or reinstate a license after receipt of the notice of noncompliance from the department shall not be appealable under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
Amended by 2014 Tenn. Acts, ch. 852,Secs.s7, s8 eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 852,s 6, eff. 7/1/2015.
Acts 1996, ch. 892, § 7.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-707 - Effect of compliance by obligors who have been served notice

(a)
When an obligor who is served notice under §
36-5-702
complies with the order of support, the department shall provide the licensing authority with written or electronic data exchange confirmation that the obligor is in compliance with the order and issue a release to the obligor.
(b)
(1)
Upon receipt of the written confirmation of reasonable or full compliance, the licensing authority shall issue or extend the obligor's license, or withdraw any denial, revocation, restriction or suspension of the obligor's license; provided, that all other applicable licensing requirements are met by the obligor. If all other applicable licensing requirements are met by the obligor, the obligor shall not, however, be required to be retested or recertified for a license that was valid and that was held in good standing by the obligor, or for which the obligor had been determined otherwise eligible by the licensing authority to receive, prior to the revocation, restriction or suspension or denial of such license pursuant to this part, and which license was revoked, restricted, suspended or denied solely pursuant to this part.
(2)
If, subsequent to the revocation, restriction, suspension or denial of the license, and prior to the date on which the next periodic licensing would be due, the license is restored or issued by the licensing authority due to reasonable or full compliance, the obligor shall not be required to pay a new periodic license fee for the period remaining before the next periodic licensing fee would be due; provided, that the licensing authority may impose a reasonable reinstatement fee not to exceed five dollars ($5.00) for processing of the restoration or issuance of the license at any time.
Amended by 2014 Tenn. Acts, ch. 852,s 10, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 852,s 9, eff. 7/1/2015.
Acts 1996, ch. 892, § 8.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-708 - Rules authorized to enforce part

The department shall have authority to adopt any necessary rules to implement and enforce the requirements of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1996, ch. 892, § 9.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-709 - Licensing authorities - Cooperation with department - Agreements

The various licensing authorities shall cooperate with the department in any manner necessary to effectuate this part, and the department and the various licensing authorities shall enter into any necessary agreements to carry out the purposes of this part.
Acts 1996, ch. 892, § 10.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-710 - Modification or amendment of support orders or obligations

Nothing in this part prohibits an obligor from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision.
Acts 1996, ch. 892, § 11.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-711 - Information about applicants or licensees - Transmittal

(a)
On or before July 1, 1996, or as soon thereafter as economically feasible and at least annually thereafter, all licensing authorities subject to this part shall provide to the department on magnetic tape or other machine-readable format the information herein specified or enter into an agreement with the commissioner for the transfer of or the access of the department to such data, according to standards established by the department, about applicants for licensure and all current licensees including licensees whose licenses are currently suspended, restricted or revoked but are subject to reinstatement upon the occurrence of an event or expiration of a period of time. The information provided must include, if available, the following:
(1)
Name;
(2)
Date of birth;
(3)
Address of record;
(4)
Federal employer identification number or social security number;
(5)
Physical description;
(6)
Type of license;
(7)
Effective date of license or renewal;
(8)
Expiration date of license; and
(9)
Active or inactive status of the license.
(b)
If it is not feasible to provide the information on magnetic tape or in a machine-readable format, the information shall be provided in the format agreed upon by the commissioner and the licensing authority.
Amended by 2014 Tenn. Acts, ch. 852,s 11, eff. 7/1/2015.
Acts 1996, ch. 892, § 12.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-712 - Report to general assembly and governor

In furtherance of the public policy of increasing collection of child support, the department shall report the following to the general assembly and the governor on January 31, 1998, and annually thereafter:
(1)
The number of obligors identified as licensees subject to this part;
(2)
The number of obligors identified by the department under this part who are not in compliance with an order of support; and
(3)
The number of actions taken by the department under this part and the results of those actions.
Acts 1996, ch. 892, § 13.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-713 - Noncompliance with support order to affect ability to hold other licenses

(a)
In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as prescribed by law, rule or regulation issued under title 43, 44, 45, 55, 56, 62, 63, 68, 70 or 71, for an individual to engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to operate any motor vehicle or other conveyance, applicants for licensure, certification or registration, and licensees renewing their licenses, and existing licensees, must not then be subject to a certification that the licensee is not in compliance with an order of support.
(b)
The supreme court is encouraged to establish guidelines to suspend the license of an attorney who fails to comply with the requirements of §§
36-5-701
- 36-5-707.
Acts 1996, ch. 892, § 14.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-714 - Restricted license

(a)
If the obligor attempts to enter into a satisfactory arrangement with the department for the payment of arrears, the department may permit the obligor to be eligible for a restricted license for the purpose of driving to and from and working at the obligor's regular place of employment and going to and from the obligor's school.
(b)
In order to be eligible for a restricted license pursuant to subsection (a), the obligor shall:
(1)
Be employed for at least thirty (30) hours per week;
(2)
Have a place of employment or school that is located more than one (1) mile from the obligor's place of residence;
(3)
Show that the employment or educational endeavor can reasonably be expected to contribute to bringing the obligor into compliance with the support order in a timely manner;
(4)
Enter into a payment plan that is satisfactory to the department; and
(5)
Pay the restricted license fee required by subsection (f).
(c)
If at any time the department finds the obligor is no longer in compliance with the requirements of the agreement, the obligor shall be subject to license revocation pursuant to this part.
(d)
Nothing in this section shall prohibit a licensing authority from denying, suspending or revoking any license other than a license to operate a motor vehicle when an obligor is found eligible to receive a restricted license.
(e)
Any time an obligor, who is eligible for a restricted license due to an agreement with the department, operates a motor vehicle, the obligor shall maintain in the obligor's possession the agreement stating the restrictions to be placed on the license. An obligor who operates a motor vehicle without the agreement in the obligor's possession or outside the restrictions imposed by the agreement shall be considered to be driving while the obligor's driver license is revoked pursuant to §
55-50-504
.
(f)
The department shall charge a restricted license fee, not to exceed thirty dollars ($30.00), the proceeds of which shall be used to implement this section. The department shall annually review the fees collected pursuant to this subsection (f) and the costs of implementation to determine the need for a reduction or increase in the fee. The commissioner is authorized to promulgate rules to effectuate the purposes of this subsection (f). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2014 Tenn. Acts, ch. 852,s 12, eff. 7/1/2015.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 7 - ENFORCEMENT THROUGH LICENSE DENIAL AND REVOCATION (§§ 36-5-701 — 36-5-715) › Section 36-5-715

(a)
Notwithstanding another law to the contrary, the department shall provide the department of safety with written or electronic data exchange confirmation that an obliger whose commercial driver license was suspended or revoked solely for noncompliance with an order of support is in reasonable compliance with an order of support if the obliger submits documentation, to the department's satisfaction, showing that:
(1)
The obliger is employed in a position requiring the operation of a commercial motor vehicle;
(2)
The employment endeavor can reasonably be expected to contribute to bringing the obliger into compliance with the support order in a timely manner; and
(3)
The amount of current child support, including arrears, is directed to be withheld from the obliger's income or other compensation received from the obliger's source of employment.
(b)
Upon receipt of the confirmation of reasonable compliance pursuant to subsection (a), the department of safety shall withdraw the suspension or revocation of the obliger's commercial driver license and reinstate the license in accordance with the requirements of § 36-5-707(b).
Added by 2024 Tenn. Acts, ch. 878,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-802 - Administrative orders for parentage tests

For the purpose of establishing paternity orders of support under the child support program established under Title IV-D of the Social Security Act (
42 U.S.C. § 651
et seq.):
(1)
(A)
The department of human services shall have the authority to issue an administrative order by the commissioner, authorized representative of the commissioner or the department's contractor directed to one (1) or more persons to order the genetic testing of the child, the mother and the putative father or fathers for the purpose of paternity establishment without the necessity of filing a paternity action;
(B)
If the department orders such tests, it shall pay the costs of such tests and may recoup such costs from the putative father upon establishment of the putative father's paternity of the child in question or upon establishment of an order of support of the child for whom paternity has been established;
(2)
The department may obtain additional testing by administrative order in any case in which an original test is contested upon request of and payment of the costs of such tests by the contestant. The party requesting the tests, other than the department, shall make advance payment for such tests;
(3)
The department may obtain additional tests at its request and may direct the parties by administrative order to attend and to undergo such tests. The department may recoup the costs of such tests it obtains at its request from the putative father upon establishment of the putative father's paternity of the child in question or upon establishment of an order of support of the child for whom paternity has been established.
Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 26.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-803 - Administrative orders to redirect child support payment

(a)
The commissioner's authorized representative, or the department's Title IV-D contractor, is authorized to issue an administrative order to direct the obligor or other payor in Title IV-D child support cases to change the payee to the clerk or to the department. Notice of the order shall be provided by the department to the obligor and the obligee.
(b)
A copy of the administrative order issued pursuant to this section shall be sent to the clerk of the court that issued the original order and the administrative order shall be entered in the court record.
Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 27.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-804 - Administrative orders to direct additional payments to reduce arrearages

(a)
For the purpose of securing overdue support, the commissioner, or the commissioner's duly authorized representatives or the department's Title IV-D contractor, shall have the authority to enter an administrative order to add an amount to the monthly support order which will reduce the arrearage by payment of a reasonable amount toward the reduction of the arrearage over a reasonable period of time.
(b)
A copy of the administrative order issued pursuant to this section shall be sent to the clerk of the court which issued the original order and the administrative order shall be entered in the court record.
Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 28.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-805 - Updating of information of parties to certain administrative actions

(a)
Each individual who is a party to any action pursuant to §§
36-5-802
,
36-5-803
and
36-5-804
, or §
36-5-103(f)
, shall be required, and the department shall order the party to file with the local Title IV-D child support office, upon entry of an order by the department, for entry into the state registry of support cases, and to update, as appropriate, the parties' and, for subdivisions (a)(1)-(3), the child's or children's:
(1)
Full name and any change in name;
(2)
Social security number and date and place of birth;
(3)
Residential and mailing addresses;
(4)
Home telephone numbers;
(5)
Driver license number;
(6)
The name, address, and telephone number of the person's employer;
(7)
The availability and cost of health insurance for the child; and
(8)
Gross annual income.
(b)
Any update must be made within ten (10) days of the date of a change in circumstances of the person and the order shall give notice of this requirement.
(c)
In any subsequent child support enforcement action, the delivery of written notice as required by Tennessee Rule of Civil Procedure 5 to the most recent residential or employer address shown in the department's records or the Title IV-D agency's records as required in subsection (a) shall be deemed to satisfy due process requirements for notice and service of process with respect to that party if there is a sufficient showing that a diligent effort has been made to ascertain the location and whereabouts of the party.
Acts 1997, ch. 551, § 11; 1998, ch. 1098, §§ 29 - 31.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-806 - Administrative review of certain administrative orders

The persons against whom the administrative orders in §§
36-5-802
,
36-5-803
and
36-5-804
were issued shall have a right to administratively appeal such orders pursuant to part 10 of this chapter.
Acts 1997, ch. 551, § 11.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-807 - Automated processes and service of documents

(a)
To the maximum extent feasible, the department's automated child support enforcement system shall be utilized to carry out the expedited procedures of this part and the system may be used for the issuance and service of any requests, administrative orders, or subpoenas necessary to enforce child support obligations and such automated service shall be effective for all purposes in this part. Electronically reproduced signatures shall be effective to issue any orders or subpoenas pursuant to this part.
(b)
Notwithstanding subsection (a), any requests, administrative orders or administrative subpoenas required to be issued pursuant to this part may be transmitted to any party or person by any method chosen by the department, including but not limited to: certified mail, return receipt requested, regular mail, electronic mail, facsimile transmission, or by personal service, and may be generated by computer or on paper.
(c)
If an administrative order or administrative subpoena is returned or otherwise not deliverable, then service shall be had by any alternative method chosen by the department, as listed in subsection (b). Before taking action against an individual or entity for failure to comply with this part, the department shall ensure that service of the administrative order, administrative subpoena, or request, was confirmed by certified mail or by personal service.
Acts 1997, ch. 551, § 11.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-808 - Statewide jurisdiction of department

The department's authority and jurisdiction in issuing requests, administrative orders, or subpoenas pursuant to any administrative authority granted by law shall be statewide over all persons or entities in cases subject to its administrative procedures.
Acts 1997, ch. 551, § 11.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-809 - Enforcement of out-of-state requests, administrative orders and administrative subpoenas

(a)
Administrative orders, subpoenas or requests of child support enforcement agencies of other states or territories seeking to conduct any of the activities provided in this part shall receive full faith and credit and shall be enforceable against persons or entities in this state.
(b)
The administrative orders, subpoenas, and requests issued by such agencies may be enforced upon their behalf, upon their request, by the department or its Title IV-D contractors pursuant to the requirements of §
36-5-811
or §
36-5-812
.
Acts 1997, ch. 551, § 11; 1998, ch. 1098, §§ 32, 33.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-810 - Immunity for compliance with requests, orders and subpoenas

All persons or entities complying with any requests, administrative orders, or administrative subpoenas issued pursuant to this part shall be absolutely immune from any liability, civil or criminal, for compliance with the terms of such requests, administrative orders or administrative subpoenas. Nothing herein shall be construed to mean, however, that such immunity applies to any person's civil or criminal liability for support or for failing to provide support as directed by any tribunal's judicial or administrative order, or by law or by regulation.
Acts 1997, ch. 551, § 11.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-811 - Enforcement of requests for information

(a)
Failure to comply with a request for information under §
36-5-801(a)
may be enforced by the department by the imposition of a civil penalty of one hundred dollars ($100) for the failure to respond to such request.
(b)
Such penalties shall be assessed by the commissioner of human services after written notice that provides fifteen (15) days to file a written request for appeal. An appeal shall be conducted by the department as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(c)
Failure to timely appeal the assessment of the civil penalty shall be final and conclusive of the correctness of the penalty.
(d)
Any amount found owing shall be due and payable not later than fifteen (15) days after the date of transmission of the determination.
(e)
Failure to pay an assessment shall result in a lien in favor of the department against the real and personal property of the person or entity to whom or which the request was directed and shall be enforced by original attachment issued by any court having jurisdiction of the monetary amounts assessed in the county where the person resides or where the entity is located.
Acts 1997, ch. 551, § 11.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-812 - Enforcement of requests, administrative orders and administrative subpoenas

(a)
The department may enforce an administrative order or subpoena, or the civil penalties authorized in §
36-5-811
, by filing a motion for such purpose in the chancery, circuit, juvenile court, or other domestic relations court, having jurisdiction over the support order, or at the option of the department or its Title IV-D contractor, in the county of the residence of the person or of the location of the entity against whom the request, administrative order or administrative subpoena was issued.
(b)
The court may enforce any of its orders pursuant to this section by contempt orders.
(c)
The department may also enforce such administrative orders, subpoenas or requests by directing the revocation, denial, or suspension of any license, as defined in §
36-5-701
, of any person or entity.
(d)
Such enforcement methods shall be cumulative, and not exclusive, of any other remedies provided by law for the enforcement of any orders by the court or by the department.
Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 34.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-813 - Liability for fees and costs

The individual or entity to whom or to which the request, administrative order or administrative subpoena is issued pursuant to this part and that is enforced by the court pursuant to §
36-5-812
shall be liable for all court costs of the proceedings and shall be liable to the department for the cost of any private, contract or government attorney representing the state and for the time of any of its Title IV-D contractor staff utilized in litigating the administrative order or administrative subpoena.
Acts 1997, ch. 551, § 11.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-814 - "Financial institution" defined

As used in this part, unless the context otherwise requires, "financial institution" means:
(1)
A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (
12 U.S.C. § 1813(c)
);
(2)
An institution-affiliated party, as defined in Section 3(u) of such Act (
12 U.S.C. § 1813(u)
), including for purposes of §
36-5-810
;
(3)
Any federal credit union or state credit union as defined in Section 101 of the Federal Credit Union Act (
12 U.S.C. § 1752
), including, for purposes of §
36-5-810
, an institution-affiliated party of such a credit union, as defined in Section 206 of such Act (
12 U.S.C. § 1786
); or
(4)
Any benefit association, insurance company, safe deposit company, money-market mutual fund, securities broker/dealer, or similar entity authorized to conduct business in this state.
Acts 1997 , ch. 551, § 11.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-815 - Rulemaking authority

The department shall have authority to promulgate rules to implement any provisions of this part pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1997, ch. 551, § 11.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 8 - CHILD SUPPORT ENFORCEMENT POWERS OF DEPARTMENT (§§ 36-5-801 — 36-5-816) › Section 36-5-816 - Administrative orders to determine continuing exclusive jurisdiction

(a)
The department, when acting as the tribunal of the state pursuant to §
36-5-2102
and parts 20-29 of this chapter, in the administrative establishment or enforcement of support, shall have authority to issue an administrative order to determine which state would have continuing exclusive jurisdiction for modification of orders in any interstate cases pursuant to the Uniform Interstate Family Support Act, compiled in parts 20-29 of this chapter.
(b)
The determination made pursuant to subsection (a) may be appealed as provided pursuant to part 10 of this chapter.
Acts 1998, ch. 1098, § 35.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 9 - OVERDUE SUPPORT (§§ 36-5-901 — 36-5-912) › Section 36-5-902 - Full faith and credit to liens of other state child support agencies

(a)
Full faith and credit shall be accorded to liens arising in any other state or territory for cases of child or spousal support enforced by the Title IV-D child support enforcement agency of the other state or territory as a result of the circumstances of §
36-5-901(a)
for all overdue support, as defined in the other state or territory, when that other state or territory agency or other entity complies with the procedural rules relative to the recording, filing or serving of liens that arise within this state.
(b)
The department of human services may enforce the liens arising pursuant to this section by any means available for enforcement of its liens.
Acts 1997, ch. 551, § 12.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 9 - OVERDUE SUPPORT (§§ 36-5-901 — 36-5-912) › Section 36-5-903 - Rebuttable presumption as to ownership

(a)
There shall be a rebuttable presumption concerning property that is subject to this part, except where otherwise clearly noted by the evidence of title or otherwise, or where by law ownership of property is otherwise clearly stated, that at least one-half of all real or tangible personal property that is titled to or in the possession of the obligor is owned by the obligor who is subject to the lien provisions of this part.
(b)
All jointly held accounts in any financial institution shall be rebuttably presumed to be available in whole to the obligor.
Acts 1997, ch. 551, § 12.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 9 - OVERDUE SUPPORT (§§ 36-5-901 — 36-5-912) › Section 36-5-904 - Enforcement of liens

In cases where there is an arrearage of child or spousal support in a Title IV-D child support case or in which a lien arises pursuant to §
36-5-901
, the department is authorized, without further order of a court, to secure the assets of the obligor to satisfy the current obligation and the arrearage by:
(1)
Intercepting or seizing periodic or lump-sum payments or benefits due the obligor:
(A)
From a state or local agency;
(B)
From judgments of any judicial or administrative tribunal, settlements approved by any judicial or administrative tribunal, and lottery winnings;
(2)
By attaching or seizing assets of the obligor or other person or entity held in financial institutions as defined in §
36-5-910
;
(3)
By attaching public and private retirement funds; and
(4)
By imposing liens in accordance with §
36-5-901
, and, in appropriate cases, by forcing the sale of the obligor's legal or equitable interest in property and by distribution of the proceeds of such sale.
Acts 1997, ch. 551, § 12; 1998, ch. 1098, § 37.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 9 - OVERDUE SUPPORT (§§ 36-5-901 — 36-5-912) › Section 36-5-906 - Exemptions from sale

(a)
Enumeration.
There shall be exempt from sale of personal property subject to lien pursuant to this part:
(1)
Wearing Apparel, School Books and Family Bible.
Such items of wearing apparel and such school books as are necessary for the obligor or for members of the obligor's family, and the family bible or other book containing the family's religious beliefs;
(2)
Fuels, Provisions, Furniture, And Personal Effects.
If the obligor is the head of the family, so much of the fuel, provisions, furniture, and personal effects in the obligor's household, and of the arms for personal use, livestock, and poultry of the obligor, as does not exceed five thousand dollars ($5,000) in value;
(3)
Books And Tools Of A Trade, Business, Or Profession.
So many of the books and tools necessary for the trade, business or profession of the obligor as do not exceed in the aggregate two thousand five hundred dollars ($2,500) in value.
(b)
Appraisal.
The agent of the department seizing property of the type described in subsection (a) shall appraise and set aside to the owner the amount of such property declared to be exempt. If the obligor objects at the time of the seizure to the valuation fixed by the agent making the seizure, the commissioner or the commissioner's agent shall summon three (3) disinterested individuals who shall make the valuation.
(c)
No Other Property Exempt.
Notwithstanding any other law of the state, no property or rights to property shall be exempt from levy other than the property specifically made exempt by subsection (a).
Acts 1997, ch. 551, § 12.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 9 - OVERDUE SUPPORT (§§ 36-5-901 — 36-5-912) › Section 36-5-907 - Release of lien

(a)
At any time after the child support obligation has been paid, the person holding title to the property on which the lien is placed may request the department to release the lien. If the department does not release the lien within sixty (60) days of the request, it shall be liable for court costs in any action to remove the lien.
(b)
The department may cause the issuance of releases of liens by filing or recording such release of lien with the register of deeds or any other appropriate state or local office as provided under any method authorized pursuant to §
36-5-901
for the filing of notices of liens, or the department may supply copies of such release of liens by the department to any person or entity requesting a release for filing or recording of the release by that person or entity.
(c)
The release may be conveyed by any electronic means or by facsimile transmission. If a facsimile transmission is utilized pursuant to this subsection (c), it shall be supplemented by a copy of suitable quality if such facsimile's quality is not adequate for purposes of recording by the register or other appropriate official.
Acts 1997, ch. 551, § 12; 1998, ch. 1098, § 39.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 9 - OVERDUE SUPPORT (§§ 36-5-901 — 36-5-912) › Section 36-5-908 - Department control - Real estate and personal property

The commissioner or the commissioner's agent shall have charge of all real estate or personal property that is or shall become the property of the department by seizure or judgment under any provision of this or any other title, or that has been or shall be assigned, set off, or conveyed by purchase or otherwise to the department in payment of child support obligations, debts or penalties arising thereunder, or that has been or shall be vested in the department by mortgage or other security for the payment of such obligations, or that has been redeemed by the department, and of all trusts created for the use of the department in payment of such debts due the department.
Acts 1997 , ch. 551, § 12.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 9 - OVERDUE SUPPORT (§§ 36-5-901 — 36-5-912) › Section 36-5-909 - Limitation on rights of action

No action may be maintained against any officer or employee of the state, or former officer or employee or the officer's or employee's personal representative, with respect to any acts for which an action could be maintained under this part.
Acts 1997, ch. 551, § 12.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 9 - OVERDUE SUPPORT (§§ 36-5-901 — 36-5-912) › Section 36-5-910 - "Financial institution" defined

As used in this part, "financial institution" shall mean:
(1)
A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (
12 U.S.C. § 1813(c)
);
(2)
An institution-affiliated party, as defined in Section 3(u) of such act (
12 U.S.C. § 1813(u)
);
(3)
Any Federal credit union or state credit union as defined in Section 101 of the Federal Credit Union Act (
12 U.S.C. § 1752
), including an institution-affiliated party of such a credit union, as defined in Section 206 of such Act (
12 U.S.C. § 1786
);
(4)
Any benefit association, insurance company, safe deposit company, money-market mutual fund, securities broker/dealer, or similar entity authorized to conduct business in this state.
Acts 1997 , ch. 551, § 12.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 9 - OVERDUE SUPPORT (§§ 36-5-901 — 36-5-912) › Section 36-5-911 - Cooperation by state and local agencies

All state and local agencies shall cooperate with the department of human services to carry out this part. Nothing in this section shall be construed to require or permit the shifting of the costs for provision of computer terminal hardware or software pursuant to §
36-5-901(b)(3)
from the state to any local government.
Acts 1997, ch. 551, § 12.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 9 - OVERDUE SUPPORT (§§ 36-5-901 — 36-5-912) › Section 36-5-912 - Enforcement procedures - Rules and regulations for enforcement - Contracts for enforcement procedures

(a)
Except where otherwise stated in this part, and to the extent not in conflict with this part, the department shall have the same rights and duties given to the department of revenue pursuant to title 67, chapter 1, part 14 to enforce the liens established by this part against real or tangible personal property.
(b)
The department has rulemaking authority to implement this part and shall promulgate any rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that are necessary to implement any provisions of the enforcement procedures described in this part or those procedures adapted for the department's use pursuant to title 67, chapter 1, part 14 that relate to the rights and duties necessary to seize and dispose of property subject to the liens imposed in this part to the extent those rights and duties comport with this part and with state and federal laws administering the child support program established pursuant to Title IV-D of the Social Security Act (
42 U.S.C. § 651
et seq).
(c)
The department may contract with the department of revenue, or any other state agency or with any private contractor, to provide services related to the seizure and disposition of property subject to the liens established by this part.
Acts 1997, ch. 551, § 12.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 5 - ALIMONY AND CHILD SUPPORT (§§ 36-5-101 — 36-5-3111) › Part 10 - APPEALS (§§ 36-5-1001 — 36-5-1006) › Section 36-5-1001 - Appeals of administrative actions by the department of human services

(a)
An appeal that is permitted by state or federal law or regulations for actions of the department of human services relative to Title IV-D child support services involving the following actions of the department shall be processed as provided in subsections (b) and (c) and §§
36-5-1002
- 36-5-1006:
(1)
A request for information or records, an administrative order or an administrative subpoena issued pursuant to part 8 of this chapter;
(2)
An income withholding order pursuant to part 5 of this chapter;
(3)
Notice of enrollment of a child for health care coverage upon a change of employers or as otherwise authorized pursuant to §
36-5-101(h)(2)
, §
36-2-319
, §
36-5-501(a)(3)
or §
37-1-151
;
(4)
Review and adjustment of child support orders pursuant to §
36-5-103
;
(5)
The enforcement by administrative orders of liens for child support pursuant to part 9 of this chapter;
(6)
Income tax refund intercepts pursuant to
45 CFR 303.72
;
(7)
Credit information reports pursuant to §
36-5-106
;
(8)
Distributions of support collections;
(9)
Review of administrative orders for payments of overdue support made pursuant to §§
36-2-322
,
36-5-113
, and
37-1-151(e)
and orders to engage in work activities pursuant to those sections;
(10)
Review of orders for administrative determination of continuing exclusive jurisdiction pursuant to §
36-5-816
;
(11)
Review of civil penalties for failure to provide proper information for the distribution of child support payments pursuant to §
36-5-120
; and
(12)
Review of income assignment orders for medical coverage entered pursuant to §
36-5-501(a)(3)
.
(b)
Except as otherwise stated in subsections (c) and the following sections of this part, the hearings in subsection (a) shall be conducted pursuant to the provisions for contested case hearings as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(c)
The person seeking administrative review of the department's actions pursuant to subsection (a) shall file a written request with the department for an administrative hearing within fifteen (15) calendar days of the date of the notice of an administrative action pursuant to this part as defined by the department.
Acts 1997 , ch. 551, § 16; 1998, ch. 1098, § 40; 2000, ch. 922, §§ 24, 25, 39; 2002, ch. 873, § 1.