Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 25 - Office of Child Support Enforcement › Rule 006.25.94-002 - Investigator Responsibilities and Notice of Intent to Suspend Commercial Drivers License

Current through Register Vol. 49, No. 6, June, 2024
Investigator Responsibilities
4805
SUSPENSION OF COMMERCIAL DRIVER'S
  LICENSE
Act 1241 of 1993 authorizes and establishes procedures for the
	 suspension of a Commercial Driver's License if certain conditions exist on a
	 case.
Quarterly, field staff will receive a printout by social security
	 number of Commercial Driver's License holders for which IV-D has an active
	 case. The IV-D office will review the case for the following conditions:
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, a
	 body attachment, or bench warrant related to a child support proceeding.
Note:
If the NCP has filed Bankruptcy, no action to
	 suspend or revoke the Commercial Driver's License may be taken unless an Order
	 granting relief from the Automatic Stay has been obtained from Bankruptcy
	 Court.
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. Likewise, the "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 six (6) months obligation before being subject to
  Commercial Driver's License suspension.
2) The NCP pays the delinquency below an
  amount equal to six (6) months obligation.
3) The NCP is presently making child support
  payments which represent payment on the current support obligation, if any, and
  payment reducing a child support delinquency of six months or more, either
  through income withholding or by agreement with OCSE.
4) The NCP enters an Agreed Order or an
  agreement with OCSE with instructions to pay current support plus an additional
  specified amount to be applied to the arrearage. The Agreed Order or agreement
  should contain a provision which stipulates that if the NCP becomes 30 days
  delinquent on the Agreed Order or agreement, the Commercial Driver's License
  will be suspended immediately and that the NCP waives the right to an
  administrative hearing or further notice prior to CDL suspension.
4805.1
INTENT TO SUSPEND NOTICE
If either Condition 1 or Condition 2 noted above exists and none of the
	 Exceptions apply, an Intent to Suspend Commercial Driver's License Notice
	 (OCSE-1694, the "90 day Notice") will be mailed to the NCP by the responsible
	 field office. Notices should be sent certified mail to the address provided on
	 the printout as reflected on the Commercial Driver's License or to the address
	 provided to the court by the NCP, unless a verified address has been obtained.
	 In the event the Notice by certified mail is rejected or unclaimed, the Notice
	 shall be considered sufficient if sent by regular first class mail. The Notice
	 will inform the NCP that the Commercial Driver's License will be suspended in
	 90 days and will provide an opportunity to request an Administrative
	 Hearing.
4805.2
INFORMAL COMPLAINT RESOLUTION
Following issuance of the 90-day notice (OCSE-1694), a NCP may avoid
	 CDL suspension by contacting the local IV-D office and entering into an Agreed
	 Order or an agreement with OCSE as described in Exception 4 of Section 4805.
	 Agreed Orders and agreements made after issuance of a 90-day notice must
	 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-1694. 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 must 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 to suspend
	 the Commercial Driver's License must proceed under this policy.
4805.4
HEARING NOTICE AND PACKET
Referrals for Administrative Hearings must contain the
	 following:
* 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 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.
4805.5
SUSPENSION HEARING
Administrative Hearings on the suspension of Commercial Drivers
	 Licenses will be conducted in accordance with Section 7000, Rules of Order for
	 Administrative Hearings, and are limited to a determination whether either of
	 the two (2) Conditions under Section 4805 are present and whether any of the
	 four (4) exceptions are satisfied.
4805.6
JUDICIAL
REVIEW
NCP's not satisfied with the decision have the right to judicial review
	 under the Administrative Procedure Act. Within thirty (30) days from the date
	 the NCP receives the Administrative Hearing decision, the NCP must file a
	 petition in the Circuit Court of the county of the NCP's residence or in the
	 Circuit Court of Pulaski County. A certified copy of the complete
	 Administrative Hearing record and transcript will be submitted to the Court by
	 OCSE within 3 0 days from the date of service on the agency. Judicial reviews
	 are conducted by the Court without a jury.
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. 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 Commercial Driver's
	 License (OCSE-1694), 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 Commercial Driver's License reinstated. It is imperative that the
	 license is reinstated by Central Office immediately. If the license has
	 expired, do not return the license to the NCP. In this event the NCP should be
	 advised to contact their local Revenue Office 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
	 above. If the NCP takes such action eliminating the threshold condition for
	 Commercial Driver's 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.