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2005 Arizona Revised Statutes - Revised Statutes §25-517  Title IV‑D agency; license suspension; notice

A. The department or its agent shall notify an obligor who is at least two months in arrears in making child support payments, periodic payments on a support arrearage or periodic payments pursuant to a court order of support or who has failed to comply with a child support subpoena or a child support arrest warrant that the obligor may be referred to court for a hearing to suspend or deny the obligor's driver license, professional or occupational license or recreational license. The department or its agent shall notify the obligor by first class mail at the obligor's current address, or after a reasonable attempt to ascertain the obligor's location, at the obligor's last known address. The notice shall state the following:

1. The obligor has wilfully failed to pay child support, wilfully continues to do so and is at least two months in arrears in making child support payments or has failed without reasonable cause to comply with a child support subpoena or a child support arrest warrant.

2. The obligor may request in writing an administrative review conducted pursuant to section 25-522 to contest the matter within fifteen days from the date of mailing of the notice.

3. If the obligor requests an administrative review, the department or its agent shall stay the action to refer the obligor to court for the suspension or denial of the obligor's professional, occupational, recreational or driver license.

4. If the obligor fails to respond to the notice, the department or its agent shall refer the obligor to court for license suspension or denial pursuant to section 25-518.

5. The address and telephone number of the department.

6. The obligor may request a copy of the child support order.

B. If an obligor fails to respond to the notice in subsection A of this section within fifteen days after the date of mailing, the department or its agent shall send the obligor a second notice. The second notice shall include the information under subsection A of this section and shall state the following:

1. If the obligor fails to contact the department or its agent within fifteen days after the date of mailing of the second notice, the obligor's license shall be suspended.

2. This is the final notice the obligor will receive.

C. If an obligor requests an administrative review pursuant to this section, the issues at the review shall be limited to whether the obligor is required to pay child support and is in arrears or whether the obligor has failed without reasonable cause to comply with a child support subpoena or a child support arrest warrant. The department or its agent shall not refer the obligor to court unless the department or its agent determines that the obligor is at least two months in arrears or has failed without reasonable cause to comply with a child support subpoena or a child support arrest warrant. The department or its agent shall make this decision in writing and shall provide a copy to the obligor.

D. If the department or its agent determines that the obligor is either at least two months in arrears, has failed without reasonable cause to comply with a child support subpoena or a child support arrest warrant or has failed to respond to the second notice, the department shall refer the obligor to court for license suspension pursuant to section 25-518.

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