2006 Code of Virginia § 63.2-1937 - Applications for occupational or other license to include social security number; suspension upon d...

63.2-1937. Applications for occupational or other license to include socialsecurity number; suspension upon delinquency; procedure.

Every initial application for or application for renewal of a license,certificate, registration or other authorization to engage in a business,trade, profession or occupation issued by the Commonwealth pursuant to Titles22.1, 38.2, 46.2 or 54.1 or any other provision of law shall require that theapplicant provide his social security number or a control number issued bythe Department of Motor Vehicles pursuant to 46.2-342.

Upon thirty days' notice to an obligor who (i) has failed to comply with asubpoena, summons or warrant relating to paternity or child supportproceedings or (ii) is alleged to be delinquent in the payment of childsupport by a period of ninety days or more or for $5,000 or more, an obligeeor the Department on behalf of an obligee, may petition either the court thatentered or the court that is enforcing the order for child support for anorder suspending any license, certificate, registration or otherauthorization to engage in a business, trade, profession or occupation, orrecreational activity issued to the obligor by the Commonwealth pursuant toTitles 22.1, 29.1, 38.2, 46.2 or 54.1 or any other provision of law. Thenotice shall be sent by certified mail, with proof of actual receipt. Thenotice shall specify that (a) the obligor has thirty days from the date ofreceipt to comply with the subpoena, summons or warrant or pay thedelinquency or to reach an agreement with the obligee or the Department topay the delinquency and (b) if compliance is not forthcoming or payment isnot made or an agreement cannot be reached within that time, a petition willbe filed seeking suspension of any license, certificate, registration orother authorization to engage in a business, trade, profession or occupation,or recreational license issued by the Commonwealth to the obligor.

The court shall not suspend a license, certificate, registration orauthorization upon finding that an alternate remedy is available to theobligee or the Department that is likely to result in collection of thedelinquency. Further, the court may refuse to order the suspension uponfinding that (1) suspension would result in irreparable harm to the obligoror employees of the obligor or would not result in collection of thedelinquency or (2) the obligor has made a demonstrated, good faith effort toreach an agreement with the obligee or the Department.

If the court finds that the obligor is delinquent in the payment of childsupport by ninety days or more or in an amount of $5,000 or more and holds alicense, certificate, registration or other authority to engage in abusiness, trade, profession or occupation or recreational activity issued bythe Commonwealth, it shall order suspension. The order shall require theobligor to surrender any license, certificate, registration or other suchauthorization to the issuing entity within ninety days of the date on whichthe order is entered. If at any time after entry of the order the obligor (A)pays the delinquency or (B) reaches an agreement with the obligee or theDepartment to satisfy the delinquency within a period not to exceed ten yearsand makes at least one payment, representing at least five percent of thetotal delinquency or $500, whichever is greater, pursuant to the agreement,or (C) complies with the subpoena, summons or warrant or reaches an agreementwith the Department with respect to the subpoena, summons or warrant, uponproof of payment or certification of the compliance or agreement, the courtshall order reinstatement. Payment shall be proved by certified copy of thepayment record issued by the Department or notarized statement of paymentsigned by the obligee. No fee shall be charged to a person who obtainsreinstatement of a license, certificate, registration or authorizationpursuant to this section.

(1994, c. 764, 63.1-263.1; 1997, cc. 794, 857, 898; 2002, c. 747.)