2013 Maryland Code
FAMILY LAW
§ 10-119 - Suspension of driving privileges for arrearages

§10-119.

(a) (1) In this section the following words have the meanings indicated.

(2) “License” has the meaning stated in § 11-128 of the Transportation Article.

(3) “Motor Vehicle Administration” means the Motor Vehicle Administration of the Department of Transportation.

(b) (1) Subject to the provisions of subsection (c) of this section, the Administration may notify the Motor Vehicle Administration of any obligor who is 60 days or more out of compliance with the most recent order of the court in making child support payments if:

(i) the Administration has accepted an assignment of support under § 5-312(b)(2) of the Human Services Article; or

(ii) the recipient of support payments has filed an application for support enforcement services with the Administration.

(2) Upon notification by the Administration under this subsection, the Motor Vehicle Administration:

(i) shall suspend the obligor’s license or privilege to drive in the State; and

(ii) may issue a work-restricted license or work-restricted privilege to drive in the State in accordance with § 16-203 of the Transportation Article.

(c) (1) Before supplying any information to the Motor Vehicle Administration under this section, the Administration shall:

(i) send written notice of the proposed action to the obligor, including notice of the obligor’s right to request an investigation on any of the following grounds:

1. the information regarding the reported arrearage is inaccurate;

2. suspension of the obligor’s license or privilege to drive would be an impediment to the obligor’s current or potential employment; or

3. suspension of the obligor’s license or privilege to drive would place an undue hardship on the obligor because of the obligor’s:

A. documented disability resulting in a verified inability to work; or

B. inability to comply with the court order; and

(ii) give the obligor a reasonable opportunity to request an investigation of the proposed action of the Administration.

(2) (i) Upon receipt of a request for investigation from the obligor, the Administration shall conduct an investigation to determine if any of the grounds under paragraph (1)(i) of this subsection exist.

(ii) The Administration shall:

1. send a copy of the obligor’s request for an investigation to the obligee by first-class mail;

2. give the obligee a reasonable opportunity to respond; and

3. consider the obligee’s response.

(iii) Upon completion of the investigation, the Administration shall notify the obligor of the results of the investigation and the obligor’s right to appeal to the Office of Administrative Hearings.

(3) (i) An appeal under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(ii) An appeal shall be made in writing and shall be received by the Office of Administrative Hearings within 20 days after the notice to the obligor of the results of the investigation.

(4) If, after the investigation or appeal to the Office of Administrative Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this subsection exists, the Administration may not send any information about the obligor to the Motor Vehicle Administration.

(5) The Administration may not send any information about an obligor to the Motor Vehicle Administration if:

(i) the Administration reaches an agreement with the obligor regarding a scheduled payment of the obligor’s child support arrearage or a court issues an order for a scheduled payment of the child support arrearage; and

(ii) the obligor is complying with the agreement or court order.

(d) If, after information about an obligor is supplied to the Motor Vehicle Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated good faith by paying the ordered amount of support for 6 consecutive months, or the Administration finds that one of the grounds under subsection (c)(1)(i) of this section exists, the Administration shall notify the Motor Vehicle Administration to reinstate the obligor’s license or privilege to drive.

(e) The Secretary of Human Resources, in cooperation with the Secretary of Transportation and the Office of Administrative Hearings, shall adopt regulations to implement this section.

§ 10-119 - 1. Child Support Enforcement Privatization Pilot Program

Abrogated.

§ 10-119 - 2. Demonstration sites

Abrogated.

§ 10-119 - 3. Suspension or denial of occupational license for arrearages

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "License" means any license, certificate, registration, permit, or other authorization that:

(i) is issued by a licensing authority;

(ii) is subject to suspension, revocation, forfeiture, or termination by a licensing authority; and

(iii) is necessary for an individual to practice or engage in a particular business, occupation, or profession.

(3) (i) "Licensing authority" means a department, unit of a department, commission, board, office, or court of the State.

(ii) "Licensing authority" includes:

1. the Department of Labor, Licensing, and Regulation;

2. the Department of Health and Mental Hygiene;

3. the Department of Human Resources;

4. the Department of Transportation;

5. the Department of the Environment;

6. the Comptroller of the Treasury;

7. the Department of Agriculture;

8. the Maryland Insurance Administration;

9. the Public Service Commission;

10. the Secretary of State;

11. the State Department of Education;

12. the Department of Natural Resources;

13. the Office of the Attorney General;

14. the clerks of the court that are authorized to issue a license or certificate for professional services or recreational uses; and

15. the Court of Appeals.

(b) Duty of licensing authority generally. -- A licensing authority shall:

(1) require each applicant for a license to disclose the Social Security number of the applicant; and

(2) record the applicant's Social Security number on the application.

(c) Request for information by Administration. --

(1) To carry out its responsibility under State and federal law, the Administration may request from a licensing authority information concerning any obligor in arrears in paying child support through a support enforcement agency.

(2) A request for information by the Administration under paragraph (1) of this subsection:

(i) shall contain:

1. the full name of the obligor; and

2. the Social Security number of the obligor; and

(ii) may be transmitted to a licensing authority using an electronic format.

(3) A request for information may not be made by the Administration to a licensing authority more frequently than four times in each calendar year except with respect to an obligor whom the Administration has reason to believe is licensed by, or has applied for a license from, the licensing authority.

(4) In addition to requests for information under this subsection, the Administration may request a licensing authority to periodically share its licensing database with the Administration.

(d) Submitting information to Administration. --

(1) Upon receipt of a request for information under subsection (c) of this section, a licensing authority shall submit the following information to the Administration with respect to each obligor who is licensed by, or has applied for a license from, the licensing authority:

(i) the full name of the obligor;

(ii) the address of the obligor, if known;

(iii) the Social Security number of the obligor, if known; and

(iv) a description of the license held by the obligor.

(2) The information may be transmitted to the Administration in an electronic format.

(3) Except as otherwise provided by law, any record compiled under this subsection shall be made available only to a person who has a right to the record in an official capacity.

(e) Suspension or denial of license -- Request by Administration; action by licensing authority. --

(1) Except as provided in paragraph (3) of this subsection and subject to the provisions of subsection (f) of this section, the Administration may request a licensing authority to suspend or deny an individual's license if:

(i) 1. the individual is in arrears amounting to more than 120 days under the most recent order; and

2. A. the Administration has accepted an assignment of support under § 5-312(b)(2) of the Human Services Article; or

B. the recipient of support payments has filed an application for support enforcement services with the Administration; or

(ii) the individual has failed to comply with a subpoena issued by the Administration under § 10-108.6 of this subtitle.

(2) Except as provided in paragraph (3) of this subsection, upon notification by the Administration under this section, a licensing authority shall:

(i) suspend an individual's license; or

(ii) deny the license of an individual who is an applicant for a license from the licensing authority.

(3) (i) This paragraph applies if the licensing authority is the Court of Appeals.

(ii) If an individual meets the criteria specified in paragraph (1) of this subsection, the Administration may make a referral to the Attorney Grievance Commission for proceedings in accordance with the Maryland Rules governing attorney discipline.

(iii) On recommendation of the Attorney Grievance Commission, the Court of Appeals may suspend an individual's license or take other action against the individual as authorized by the Maryland Rules governing attorney discipline.

(iv) The Court of Appeals may adopt rules to implement the provisions of this paragraph.

(f) Suspension or denial of license -- Notice; investigation; appeal. --

(1) At least 30 days before requesting a licensing authority to suspend or deny a license or at least 30 days before making a referral under subsection (e)(3) of this section, the Administration shall:

(i) send written notice of the proposed action to the individual whose license is subject to suspension under this section, including notice of the individual's right to request an investigation; and

(ii) give the individual a reasonable opportunity to contest the accuracy of the information.

(2) (i) Upon receipt of a request for investigation from an individual whose license is subject to suspension, the Administration shall conduct an investigation.

(ii) Upon completion of the investigation, the Administration shall notify the individual of the result of the investigation and the individual's right to appeal to the Office of Administrative Hearings.

(3) (i) An appeal under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(ii) An appeal shall be made in writing and shall be received by the Office of Administrative Hearings within 30 days after the notice to the individual whose license is subject to suspension of the results of the investigation.

(4) If, after the investigation or appeal to the Office of Administrative Hearings, the Administration finds that it erred in making a decision, the Administration may not send a notification about an individual to a licensing authority or make a referral under subsection (e)(3) of this section.

(g) When notification to authority or referral under (e)(3) prohibited. -- The Administration may not send a notification about an individual to a licensing authority or make a referral under subsection (e)(3) of this section if:

(1) with respect to an individual with a child support arrearage:

(i) the Administration reaches an agreement with the individual regarding a scheduled payment of the child support arrearage or a court issues an order for a scheduled payment of the child support arrearage; and

(ii) the individual is complying with the agreement or court order; or

(2) with respect to an individual who failed to comply with a subpoena issued under § 10-108.5 of this subtitle, the individual has complied with the subpoena.

(h) Right to contest identity. --

(1) Except as provided in paragraph (2) of this subsection, prior to the suspension or denial of a license under subsection (e) of this section, a licensing authority shall send written notice of the proposed action to the individual whose license is subject to suspension or denial, including notice of the individual's right to contest the identity of the individual whose license or application is to be suspended or denied.

(2) If the licensing authority is the Court of Appeals, notice shall be as provided in the Maryland Rules governing attorney discipline.

(i) Appeal; hearing. --

(1) (i) Except as provided in paragraph (2) of this subsection, an individual may appeal a decision of a licensing authority to suspend or deny the individual's license in accordance with Title 10, Subtitle 2 of the State Government Article.

(ii) At a hearing under this paragraph, the issue shall be limited to whether the Administration has mistaken the identity of the individual whose license has been suspended or denied.

(2) If the licensing authority is the Court of Appeals, an individual may appeal a decision in accordance with the Maryland Rules governing attorney discipline.

(j) Reinstatement of license -- Notice by Administration. -- The Administration shall notify the licensing authority to reinstate any license suspended or denied under this section within 10 days after the occurrence of any of the following events:

(1) the Administration receives a court order to reinstate the suspended license; or

(2) with respect to an individual with a child support arrearage, the individual has:

(i) paid the support arrearage in full; or

(ii) demonstrated good faith by paying the ordered amount of support for 4 consecutive months; or

(3) with respect to an individual whose license was suspended or denied because of a failure to comply with a subpoena issued under § 10-108.5 of this subtitle, the individual has complied with the subpoena.

(k) Reinstatement of license -- Duty of licensing authority. -- A licensing authority shall immediately reinstate any license suspended, or process an application for any license denied, under this section if:

(1) notified by the Administration that the license should be reinstated; and

(2) the individual otherwise qualifies for the license.