Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 25 - Office of Child Support Enforcement › Rule 006.25.95-002 - Procedure for Suspension of License for Non-Payment of Child Support

Current through Register Vol. 49, No. 6, June, 2024
Office of Child Support Enforcement Subject : Regulations Governing
	 License Suspension for Non-Payment of Support
The above referenced agency regulations are intended to be issued
	 effective this date on an emergency basis in preservation of the health welfare
	 and sfety of the public in order to promote the best interest of families and
	 children.
automation with the IV-D data base. Field staff should periodically
	 make inquiries with custodial parents or other knowledgeable sources to
	 determine if a noncustodial parent holds a State issued license subject to
	 suspension under Act 752 or Act 1184 when either of the following two (2)
	 conditions exists on a case:
Condition 1. NCP is delinquent on a court-ordered child support payment
	 in an amount equal to six (6) months obligation or more, or the NCP has an
	 adjudicated arrearage in an amount equal to a six (6) months obligation or
	 more; or
Condition 2. NCP is the subject of an outstanding failure to appear,
	 body attachment, or bench warrant related to a child support proceeding.
Note: If the NCP has filed bankruptcy, no action to suspend or revoke a
	 license should be taken unless an Order granting relief from the Automatic Stay
	 has been obtained from Bankruptcy Court. Consult with the responsible IV-D
	 attorney.
Exceptions
:
1) If the NCP was assessed retroactive
  support, the NCP may not be "delinquent" in his child support payments. For
  example, if the NCP is the putative father and the court finds him to be the
  legal father and invokes the law authorizing the setting of support
  retroactively, then the NCP is not delinquent because there was never an
  obligation to pay anything before the court date, "instant debt" will not be
  considered an "adjudicated arrearage" for the purpose of this policy. The NCP
  must fail to pay on a retroactive support order for six (6) months or in a
  total amount equal to at least six (6) months obligation before being subject
  to license suspension.
2) The NCP
  pays the delinquency below an amount equal to six (6) months
  obligation.
3) Noncustodial parents
  who are currently in compliance with a written agreement with OCSE requiring
  periodic installment payments for liquidation of a child support delinquency or
  adjudicated arrearage; noncustodial parents currently in compliance with their
  most recent court order reducing a child support arrearage to proper judgment
  and requiring periodic payments for liquidation of the judgment; or
  noncustodial parents who are currently making regular and periodic payments on
  a child support delinquency or adjudicated arrearage through income
  withholding,
4) The NCP enters an
  Agreed Order or written installment agreement with OCSE with instructions to
  pay current support plus an additional specified amount to be applied to the
  arrearage/delinquency; The Agreed Order or written installment agreement should
  contain a provision which stipulates that if the NCP becomes 30 days delinquent
  on the Agreed Order or written agreement, the license(s) affected will be
  suspended immediately, and that the NCP specifically waives all rights to an
  administrative hearing or further notice prior to the suspension(s).
5) Noncustodial parent's who are periodically
  making regular payments voluntarily, in an amount equal to current support,
  plus at least 10% toward liquidation of the arrearage/delinquency.
4805.1
NOTICE OF INTENT TO SUSPEND
  NOTICE
If either Condition 1 or Condition 2 noted above exists and none of the
	 five (5) Exceptions apply, a Notice of Intent to Suspend License (OCSE-1695,
	 the "90 day Notice") will be mailed to the NCP by the responsible field office.
	 Notices should be sent certified mail to the most current address provided -on
	 the printout as provided by the licensing authorities or to the address
	 provided to the court by the NCP, unless a verified address has been obtained.
	 In the event a Notice sent by certified mail is rejected or unclaimed, a
	 subsequent mailing of the Notice by regular first class mail shall be
	 considered sufficient. The Notice will specifically identify all known
	 specified licenses and permanent license plates held by the noncustodial parent
	 to be suspended in 90 days, and it will inform the noncustodial parent of the
	 opportunity to request an Administrative Hearing within 60 days following
	 receipt of the 90 day Notice.
4805.2
INFORMAL COMPLAINT
  RESOLUTION
Following issuance of the 90-day notice (OCSE-1695), a NCP may avoid
	 license suspension by contacting the local IV-D office and entering into an
	 Agreed Order or written installment agreement with OCSE as described in
	 Exception 4 of Section 4805. Agreed Orders and written installment agreements
	 made after issuance of a 90-day notice should include a condition which
	 requires that some payment be made by the NCP before expiration of the 90-day
	 time frame following issuance of the OCSE-1695. In the event the NCP contests
	 the accuracy of the arrearage information or the duration of the delinquency,
	 an appointment must be scheduled with the local IV-D office to resolve the
	 issue. The local IV-D office will promptly attempt to resolve the complaint.
	 Issues that can not be resolved by the local. IV-D office should be forwarded
	 to Central Office for an Administrative Hearing if the NCP requests.
4805.3
LEGAL ISSUES
An Administrative Hearing can not clear an outstanding failure to
	 appear, body attachment, or bench warrant. These issues must be dealt with by
	 the court. The NCP should be advised that legal action would be required for a
	 determination on any of these issues. So long as the outstanding failure to
	 appear, body attachment, or bench warrant remains, adverse action for license
	 suspension must proceed under this policy.
4805.4
HEARING NOTICE AND PACKET
Referral packets for administrative hearings must contain copies of the
	 following:
* 90-day Notice (OCSE-1695)
* Noncustodial Party's request for a hearing
* Hearing statement completed by local office
* Copies of all child support orders
* Arrears summary
* Copies of any relevant correspondence between the NCP (or
	 representative) and the Office of Child Support Enforcement.
The packet should be routed to the Central Office, Attention: Appeals
	 and Hearings. The Appeals and Hearings Section will notify the NCP and the
	 responsible local IV-D office of the date, time and location of the hearing.
	 Also, the hearing scheduling notice shall recite that the NCP's failure to
	 appear for the scheduled hearing will be considered a choice to waive the
	 administrative hearing. The Appeals and Hearings Section will also confirm for
	 the initiating local IV-D office that the hearing packet has been received and
	 whether any additional information or documents are needed.
4805.5
SUSPENSION HEARING
Administrative hearings on license suspension will be conducted in
	 accordance with Section 7000, Rules of Order for Administrative Hearings, with
	 the exception that 60 days are allowed to request an administrative hearing
	 following receipt of the 90 day notice. Administrative hearings on license
	 suspension are limited to a determination whether either of the two (2)
	 Conditions under Section 4805 are present and whether any of the five (5)
	 Exceptions are satisfied.
4805.6
RIGHT OF APPEAL TO CHANCERY
  COURT OR THE JUVENILE DIVISION THEREOF
NCP's not satisfied with an agency administrative hearing decision have
	 the right of appeal to a court of appropriate jurisdiction. Within thirty (30)
	 days (60 days in the event of CDL suspension) from the effective date of the
	 suspension, the noncustodial parent may appeal the suspension action by filing
	 a petition in the chancery court or the juvenile division thereof as
	 appropriate of the county wherein the child support order was entered. The
	 petition is filed by the noncustodial parent with the appropriate Chancery
	 Clerk and must be accompanied with a copy of the Notice of Suspension attached,
	 or a copy of the final administrative hearing decision. The noncustodial parent
	 is responsible for causing the Chancery Court Clerk to issue a summons and
	 service of these documents on the OCSE Administrator. The case shall be tried
	 de novo, but a certified copy of the complete administrative hearing record and
	 transcript when available will be submitted to the Court by OCSE within 30 days
	 from the date of service on the agency or within such further time as the Court
	 may allow, but not exceeding an aggregate of 90 days.
Chancery and Juvenile Judges are vested with jurisdiction to determine
	 whether the petitioner is entitled to license reinstatement or whether the
	 decision of the hearing officer should be affirmed, modified, or
	 reversed.
For persons paying child support pursuant to Ark. Ann. §
										9-17-501
	 or §
										9-17-502,
	 the foreign order shall be registered by OCSE pursuant to §
										9-17-601
	 et seq.
4805.7
SUSPENSION AND REINSTATEMENTS
Central Office staff will have access to Driver Control files and will
	 be responsible for keying any suspensions or reinstatements of driver's and
	 commercial drivers licenses. All suspensions and reinstatements must be
	 submitted in writing to Central Office, Attention: Appeals .and Hearings
	 Section. To ensure that the NCP is allowed 90 days from the receipt by mail of
	 the Notice of Intent to Suspend License (OCSE-1695), a copy of this Notice must
	 be retained in the case file with the signed certified mail receipt attached,
	 whenever available. NCP's who pay their arrearage below an amount equal to six
	 (6) months obligation must have their license reinstated. Following license
	 suspension, a noncustodial parent may obtain license reinstatement by entering
	 into an agreed order or written installment agreement with OCSE as described in
	 Section 4805, Exception #4. The Agreed Order or written installment agreement
	 should contain a provision requiring a lump sum payment in addition to
	 requiring the periodic payment of current support and regular periodic payments
	 on the arrearage/delinquency. It is imperative that the Central Office be
	 notified to immediately take necessary actions to restore the license or
	 permanent license plate of the noncustodial parent when the condition
	 warranting suspension has been removed . However, if the license has otherwise
	 expired, the NCP should be advised to contact the appropriate licensing
	 authority to obtain a new license.
In some instances, NCP's may initiate action on their own accord
	 resulting in a court order eliminating the presence of Condition 1 or 2 listed
	 in section 4805. If the NCP takes such action eliminating the threshold
	 condition for license suspension prior to the effective date of the intended
	 suspension, the responsible field office must immediately notify the Appeals
	 and Hearings Office to take action to set aside suspension activity on the case
	 and to notify the NCP accordingly.
In the event of fraud or mistake, resulting in a wrongful suspension,
	 OCSE shall immediately notify the licensing authority involved to restore the
	 license or permanent license plate of the noncustodial parent as
	 appropriate.
4806
REFERRALS AND INJUNCTIONS
Whenever OCSE or any of its local offices determines that a
	 noncustodial parent has engaged in an activity not authorized per license
	 suspension, a referral should be made to the licensing authority and/or to law
	 enforcement, as appropriate. In some cases the local IV-D office may consider
	 seeking a court injunction from the appropriate Chancery Court or Juvenile
	 Division thereof restraining the noncustodial parent from any activity not
	 permitted during the period of license suspension. The responsible IV-D
	 attorney should be consulted if the local IV-D Office believes that injunctive
	 relief should be pursued.
4807
LAW LICENSE REVIEW
Semiannually, the Clerk of the Arkansas Supreme Court is requested to
	 furnish the Office of Child Enforcement with a list of persons that possess an
	 Arkansas Law License. NCP's on the list who meet one of the Conditions and none
	 of the Exceptions of Section 4805 will be referred to the Clerk of Supreme
	 Court for review of their license.
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LICENSE
ATTACHMENT "A"
TYPE
Arkansas Code TITLE
1. Abstracters
17
2. Accountants
17
3. Agricultural inspectors
2
4. Agricultural consultants
17
5. Sale of alcoholic beverages
3
6. Appraisers
17
7. Architects
17
8. Asbestos; removal, consultants, contractors, and training
				providers
20
9. Athletic Agents
17
10. Auctioneers
17
11. Automobile clubs, agents
23
12. Child care facilities; owners, operators
20
13. Bail bondsmen
17
14. Barbers
17
15. Billiard halls; owners, operators
14
16. Boiler inspectors, sales, installations
.20
17. Bowling alleys; owners, operators
14
18. Boxing
17
19. Brokers, dealers, agents, and investment advisers
23
20. Buyers of precious metals
17
21. Child placement agencies
9
22. Chiropractors
17
23. Cigarettes and tobacco products; purchasing for resale, or
				selling
4
24. Collection agencies
17
25. Contractors
17
26. Controlled substances; wholesale distributor
20
26. Correspondence schools; owners, operators
6
27. Cosmetology
17
28. Counselors
17
30. Dentist, dental hygienists
17
31. Dietetics practice
17
32. Disease intervention specialists
17
33. Drivers license
27
34. Drug precursor; manufacture, possession, transfer,
				transportation
5
35. Electricians
I7
36. Elevators/escalators, inspectors
20
37. Embalmers and funeral directors
17
38. Engineers
17
39. Ferries; owners, operators
27
40. Fires extinguisher; sales,' service installation,
				repair
20
41. Fireworks dealers
20
42. Fishing
15
43. Foresters
17
44. Fraternal benefit societies, agents
23
45. Funeral homes
17
46. Geologist
17
47. Ginseng; retail sales, artificial propagation
2
48. Going out of business sales
4
49. Greyhound racing; owners, trainers
23
50. Hazardous substances
8
51. Healing arts
17
52. Hearing aid dispensers
17
53. Home Builders
17
54. Home health services
26
55. Horse racing; owner, trainer, jockey, jockey agent
23
56. Hunting
15
57. HVACR
17
58. Insurance; agents, brokers, and.solicitors
23
59. Itinerant merchants
17
60. Landscape architects
17
61. Liming materials; vendors
2
62. Long term care facilities; administrators
20
63. Massage therapists
17
64. Medical waste; owners, operators
20
65. Mental health; family home I or II
20
66. Lay Midwives
17
67. Milk sampler and grader
20
68. Motor cycles
27
69. Motor vehicles; dealers, distributors, manufacturers,
				salesmen
23
70. Mussels taker; boat, buyer, shelltaker
15
71. Narcotic drugs; manufacturers and wholesalers
20
72. Nurseries'; owners, operators
2
73. Nurses
17
742. Occupational therapists
17
753. Ophthalmic dispensers
17
76. Optometrists
17
77. Osteopaths
17
78. Pest control
17
79. Pesticides
20
80. Pharmacists
17
81. Physical therapists
17
82. Physicians and surgeons
17
83. Physician's Trained Assistants
17
84. Plumbers
17
85. Podiatrists
17
86. Polygraph examiners
17
87. Private investigators and private security agencies
17
88.. Professional Fund Raisers and Solicitors
17
89. Prophylactics; wholesale, retail
20
90. Psychologists
17
91. Real estate brokers and salesmen
17
92. Residence and correspondence schools; owners,
				operators
6
93. Respiratory care practitioners
17
94. Security guards
17
95. Septic tank cleaners
17
96. Social workers
17
97. Soil Classifiers
17
98. Speech pathologists and audiologists
17
99. Surveyors
17
100. Teachers
6
101. Transient merchants
17
102. Veterinarians and Animal Technicians
17
103. Voice stress analysis examiners
17
104. Wastewater plant operators
8
105. Water system operators
17
106. Water well constructors
17