2005 California Welfare and Institutions Code Sections 11350.6-11353 Article 4. Relatives\' Responsibility

11350.6.  (a) As used in this section:
   (1) "Applicant" means any person applying for issuance or renewal
of a license.
   (2) "Board" means any entity specified in Section 101 of the
Business and Professions Code, the entities referred to in Sections
1000 and 3600 of the Business and Professions Code, the State Bar,
the Department of Real Estate, the Department of Motor Vehicles, the
Secretary of State, the Department of Fish and Game, and any other
state commission, department, committee, examiner, or agency that
issues a license, certificate, credential, permit, registration, or
any other authorization to engage in a business, occupation, or
profession, or to the extent required by federal law or regulations,
for recreational purposes.  This term includes all boards,
commissions, departments, committees, examiners, entities, and
agencies that issue a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession.  The failure to specifically name a
particular board, commission, department, committee, examiner,
entity, or agency that issues a license, certificate, credential,
permit, registration, or any other authorization to engage in a
business, occupation, or profession does not exclude that board,
commission, department, committee, examiner, entity, or agency from
this term.
   (3) "Certified list" means a list provided by the district
attorney to the State Department of Social Services in which the
district attorney verifies, under penalty of perjury, that the names
contained therein are support obligors found to be out of compliance
with a judgment or order for support in a case being enforced under
Title IV-D of the Social Security Act.
   (4) "Compliance with a judgment or order for support" means that,
as set forth in a judgment or order for child or family support, the
obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments in
full, whether court ordered or by agreement with the district
attorney, on a support arrearage, or in making periodic payments in
full, whether court ordered or by agreement with the district
attorney, on a judgment for reimbursement for public assistance, or
has obtained a judicial finding that equitable estoppel as provided
in statute or case law precludes enforcement of the order.  The
district attorney is authorized to use this section to enforce orders
for spousal support only when the district attorney is also
enforcing a related child support obligation owed to the obligee
parent by the same obligor, pursuant to Sections 11475.1 and 11475.2.
   (5) "License" includes membership in the State Bar, and a
certificate, credential, permit, registration, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession, or to operate a commercial motor
vehicle, including appointment and commission by the Secretary of
State as a notary public.  "License" also includes any driver's
license issued by the Department of Motor Vehicles, any commercial
fishing license issued by the Department of Fish and Game, and to the
extent required by federal law or regulations, any license used for
recreational purposes.  This term includes all licenses,
certificates, credentials, permits, registrations, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession.  The failure to specifically
name a particular type of license, certificate, credential, permit,
registration, or other authorization issued by a board that allows a
person to engage in a business, occupation, or profession, does not
exclude that license, certificate, credential, permit, registration,
or other authorization from this term.
   (6) "Licensee" means any person holding a license, certificate,
credential, permit, registration, or other authorization issued by a
board, to engage in a business, occupation, or profession, or a
commercial driver's license as defined in Section 15210 of the
Vehicle Code, including an appointment and commission by the
Secretary of State as a notary public.  "Licensee" also means any
person holding a driver's license issued by the Department of Motor
Vehicles, any person holding a commercial fishing license issued by
the Department of Fish and Game, and to the extent required by
federal law or regulations, any person holding a license used for
recreational purposes.  This term includes all persons holding a
license, certificate, credential, permit, registration, or any other
authorization to engage in a business, occupation, or profession, and
the failure to specifically name a particular type of license,
certificate, credential, permit, registration, or other authorization
issued by a board does not exclude that person from this term.
   (b) The district attorney shall maintain a list of those persons
included in a case being enforced under Title IV-D of the Social
Security Act against whom a support order or judgment has been
rendered by, or registered in, a court of this state, and who are not
in compliance with that order or judgment.  The district attorney
shall submit a certified list with the names, social security
numbers, and last known addresses of these persons and the name,
address, and telephone number of the district attorney who certified
the list to the State Department of Social Services.  The district
attorney shall verify, under penalty of perjury, that the persons
listed are subject to an order or judgment for the payment of support
and that these persons are not in compliance with the order or
judgment.  The district attorney shall submit to the State Department
of Social Services an updated certified list on a monthly basis.
   (c) The State Department of Social Services shall consolidate the
certified lists received from the district attorneys and, within 30
calendar days of receipt, shall provide a copy of the consolidated
list to each board which is responsible for the regulation of
licenses, as specified in this section.
   (d) On or before November 1, 1992, or as soon thereafter as
economically feasible, as determined by the State Department of
Social Services, all boards subject to this section shall implement
procedures to accept and process the list provided by the State
Department of Social Services, in accordance with this section.
Notwithstanding any other provision of law, all boards shall collect
social security numbers from all applicants for the purposes of
matching the names of the certified list provided by the State
Department of Social Services to applicants and licensees and of
responding to requests for this information made by child support
agencies.
   (e) (1) Promptly after receiving the certified consolidated list
from the State Department of Social Services, and prior to the
issuance or renewal of a license, each board shall determine whether
the applicant is on the most recent certified consolidated list
provided by the State Department of Social Services.  The board shall
have the authority to withhold issuance or renewal of the license of
any applicant on the list.
   (2) If an applicant is on the list, the board shall immediately
serve notice as specified in subdivision (f) on the applicant of the
board's intent to withhold issuance or renewal of the license.  The
notice shall be made personally or by mail to the applicant's last
known mailing address on file with the board.  Service by mail shall
be complete in accordance with Section 1013 of the Code of Civil
Procedure.
   (A) The board shall issue a temporary license valid for a period
of 150 days to any applicant whose name is on the certified list if
the applicant is otherwise eligible for a license.
   (B) Except as provided in subparagraph (D), the 150-day time
period for a temporary license shall not be extended.  Except as
provided in subparagraph (D), only one temporary license shall be
issued during a regular license term and it shall coincide with the
first 150 days of that license term.  As this paragraph applies to
commercial driver's licenses, "license term" shall be deemed to be 12
months from the date the application fee is received by the
Department of Motor Vehicles.  A license for the full or remainder of
the license term shall be issued or renewed only upon compliance
with this section.
   (C) In the event that a license or application for a license or
the renewal of a license is denied pursuant to this section, any
funds paid by the applicant or licensee shall not be refunded by the
board.
   (D) This paragraph shall apply only in the case of a driver's
license, other than a commercial driver's license.  Upon the request
of the district attorney or by order of the court upon a showing of
good cause, the board shall extend a 150-day temporary license for a
period not to exceed 150 extra days.
   (3) (A) The State Department of Social Services may, when it is
economically feasible for the department and the boards to do so as
determined by the department, in cases where the department is aware
that certain child support obligors listed on the certified lists
have been out of compliance with a judgment or order for support for
more than four months, provide a supplemental list of these obligors
to each board with which the department has an interagency agreement
to implement this paragraph.  Upon request by the department, the
licenses of these obligors shall be subject to suspension, provided
that the licenses would not otherwise be eligible for renewal within
six months from the date of the request by the department.  The board
shall have the authority to suspend the license of any licensee on
this supplemental list.
   (B) If a licensee is on a supplemental list, the board shall
immediately serve notice as specified in subdivision (f) on the
licensee that his or her license will be automatically suspended 150
days after notice is served, unless compliance with this section is
achieved.  The notice shall be made personally or by mail to the
licensee's last known mailing address on file with the board.
Service by mail shall be complete in accordance with Section 1013 of
the Code of Civil Procedure.
   (C) The 150-day notice period shall not be extended.
   (D) In the event that any license is suspended pursuant to this
section, any funds paid by the licensee shall not be refunded by the
board.
   (E) This paragraph shall not apply to licenses subject to annual
renewal or annual fee.
   (f) Notices shall be developed by each board in accordance with
guidelines provided by the State Department of Social Services and
subject to approval by the State Department of Social Services.  The
notice shall include the address and telephone number of the district
attorney who submitted the name on the certified list, and shall
emphasize the necessity of obtaining a release from that district
attorney's office as a condition for the issuance, renewal, or
continued valid status of a license or licenses.
   (1) In the case of applicants not subject to paragraph (3) of
subdivision (e), the notice shall inform the applicant that the board
shall issue a temporary license, as provided in subparagraph (A) of
paragraph (2) of subdivision (e), for 150 calendar days if the
applicant is otherwise eligible and that upon expiration of that time
period the license will be denied unless the board has received a
release from the district attorney who submitted the name on the
certified list.
   (2) In the case of licensees named on a supplemental list, the
notice shall inform the licensee that his or her license will
continue in its existing status for no more than 150 calendar days
from the date of mailing or service of the notice and thereafter will
be suspended indefinitely unless, during the 150-day notice period,
the board has received a release from the district attorney who
submitted the name on the certified list.  Additionally, the notice
shall inform the licensee that any license suspended under this
section will remain so until the expiration of the remaining license
term, unless the board receives a release along with applications and
fees, if applicable, to reinstate the license during the license
term.
   (3) The notice shall also inform the applicant or licensee that if
an application is denied or a license is suspended pursuant to this
section, any funds paid by the applicant or licensee shall not be
refunded by the board.  The State Department of Social Services shall
also develop a form that the applicant shall use to request a review
by the district attorney.  A copy of this form shall be included
with every notice sent pursuant to this subdivision.
   (g) (1) Each district attorney shall maintain review procedures
consistent with this section to allow an applicant to have the
underlying arrearage and any relevant defenses investigated, to
provide an applicant information on the process of obtaining a
modification of a support order, or to provide an applicant
assistance in the establishment of a payment schedule on arrearages
if the circumstances so warrant.
   (2) It is the intent of the Legislature that a court or district
attorney, when determining an appropriate payment schedule for
arrearages, base its decision on the facts of the particular case and
the priority of payment of child support over other debts.  The
payment schedule shall also recognize that certain expenses may be
essential to enable an obligor to be employed.  Therefore, in
reaching its decision, the court or the district attorney shall
consider both of these goals in setting a payment schedule for
arrearages.
   (h) If the applicant wishes to challenge the submission of his or
her name on the certified list, the applicant shall make a timely
written request for review on the form specified in subdivision (f)
to the district attorney who certified the applicant's name.  The
district attorney shall, within 75 days of receipt of the written
request, inform the applicant in writing of his or her findings upon
completion of the review.  The district attorney shall immediately
send a release to the appropriate board and the applicant, if any of
the following conditions are met:
   (1) The applicant is found to be in compliance or negotiates an
agreement with the district attorney for a payment schedule on
arrearages or reimbursement.
   (2) The applicant has submitted a request for review, but the
district attorney will be unable to complete the review and send
notice of his or her findings to the applicant within 75 days.  This
paragraph applies only if the delay in completing the review process
is not the result of the applicant's failure to act in a reasonable,
timely, and diligent manner upon receiving notice from the board that
his or her name is on the list.
   (3) The applicant has filed and served a request for judicial
review pursuant to this section, but a resolution of that review will
not be made within 150 days of the date of service of notice
pursuant to subdivision (f).  This paragraph applies only if the
delay in completing the judicial review process is not the result of
the applicant's failure to act in a reasonable, timely, and diligent
manner upon receiving the district attorney's notice of his or her
findings.
   (4) The applicant has obtained a judicial finding of compliance as
defined in this section.
   (i) An applicant is required to act with diligence in responding
to notices from the board and the district attorney with the
recognition that the temporary license will lapse or the license
suspension will go into effect after 150 days and that the district
attorney and, where appropriate, the court must have time to act
within that period.  An applicant's delay in acting, without good
cause, which directly results in the inability of the district
attorney to complete a review of the applicant's request or the court
to hear the request for judicial review within the 150-day period
shall not constitute the diligence required under this section which
would justify the issuance of a release.
   (j) Except as otherwise provided in this section, the district
attorney shall not issue a release if the applicant is not in
compliance with the judgment or order for support.  The district
attorney shall notify the applicant in writing that the applicant
may, by filing an order to show cause or notice of motion, request
any or all of the following:
   (1) Judicial review of the district attorney's decision not to
issue a release.
   (2) A judicial determination of compliance.
   (3) A modification of the support judgment or order.
   The notice shall also contain the name and address of the court in
which the applicant shall file the order to show cause or notice of
motion and inform the applicant that his or her name shall remain on
the certified list if the applicant does not timely request judicial
review.  The applicant shall comply with all statutes and rules of
court regarding orders to show cause and notices of motion.
   Nothing in this section shall be deemed to limit an applicant from
filing an order to show cause or notice of motion to modify a
support judgment or order or to fix a payment schedule on arrearages
accruing under a support judgment or order or to obtain a court
finding of compliance with a judgment or order for support.
   (k) The request for judicial review of the district attorney's
decision shall state the grounds for which review is requested and
judicial review shall be limited to those stated grounds.  The court
shall hold an evidentiary hearing within 20 calendar days of the
filing of the request for review.  Judicial review of the district
attorney's decision shall be limited to a determination of each of
the following issues:
   (1) Whether there is a support judgment, order, or payment
schedule on arrearages or reimbursement.
   (2) Whether the petitioner is the obligor covered by the support
judgment or order.
   (3) Whether the support obligor is or is not in compliance with
the judgment or order of support.
   (4) The extent to which the needs of the obligor, taking into
account the obligor's payment history and the current circumstances
of both the obligor and the obligee, warrant a conditional release as
described in this subdivision.
   The request for judicial review shall be served by the applicant
upon the district attorney who submitted the applicant's name on the
certified list within seven calendar days of the filing of the
petition.  The court has the authority to uphold the action,
unconditionally release the license, or conditionally release the
license.
   If the judicial review results in a finding by the court that the
obligor is in compliance with the judgment or order for support, the
district attorney shall immediately send a release in accordance with
subdivision (h) to the appropriate board and the applicant.  If the
judicial review results in a finding by the court that the needs of
the obligor warrant a conditional release, the court shall make
findings of fact stating the basis for the release and the payment
necessary to satisfy the unrestricted issuance or renewal of the
license without prejudice to a later judicial determination of the
amount of support arrearages, including interest, and shall specify
payment terms, compliance with which are necessary to allow the
release to remain in effect.
   (l) The State Department of Social Services shall prescribe
release forms for use by district attorneys.  When the obligor is in
compliance, the district attorney shall mail to the applicant and the
appropriate board a release stating that the applicant is in
compliance.  The receipt of a release shall serve to notify the
applicant and the board that, for the purposes of this section, the
applicant is in compliance with the judgment or order for support.
Any board that has received a release from the district attorney
pursuant to this subdivision shall process the release within five
business days of its receipt.
   If the district attorney determines subsequent to the issuance of
a release that the applicant is once again not in compliance with a
judgment or order for support, or with the terms of repayment as
described in this subdivision, the district attorney may notify the
board, the obligor, and the State Department of Social Services in a
format prescribed by the State Department of Social Services that the
obligor is not in compliance.
   The State Department of Social Services may, when it is
economically feasible for the department and the boards to develop an
automated process for complying with this subdivision, notify the
boards in a manner prescribed by the department, that the obligor is
once again not in compliance.  Upon receipt of this notice, the board
shall immediately notify the obligor on a form prescribed by the
department that the obligor's license will be suspended on a specific
date, and this date shall be no longer than 30 days from the date
the form is mailed.  The obligor shall be further notified that the
license will remain suspended until a new release is issued in
accordance with subdivision (h).  Nothing in this section shall be
deemed to limit the obligor from seeking judicial review of
suspension pursuant to the procedures described in subdivision (k).
   (m) The State Department of Social Services may enter into
interagency agreements with the state agencies that have
responsibility for the administration of boards necessary to
implement this section, to the extent that it is cost-effective to
implement this section.  These agreements shall provide for the
receipt by the other state agencies and boards of federal funds to
cover that portion of costs allowable in federal law and regulation
and incurred by the state agencies and boards in implementing this
section.  Notwithstanding any other provision of law, revenue
generated by a board or state agency shall be used to fund the
nonfederal share of costs incurred pursuant to this section.  These
agreements shall provide that boards shall reimburse the State
Department of Social Services for the nonfederal share of costs
incurred by the department in implementing this section.  The boards
shall reimburse the State Department of Social Services for the
nonfederal share of costs incurred pursuant to this section from
moneys collected from applicants and licensees.
   (n) Notwithstanding any other provision of law, in order for the
boards subject to this section to be reimbursed for the costs
incurred in administering its provisions, the boards may, with the
approval of the appropriate department director, levy on all
licensees and applicants a surcharge on any fee or fees collected
pursuant to law, or, alternatively, with the approval of the
appropriate department director, levy on the applicants or licensees
named on a certified list or supplemental list, a special fee.
   (o) The process described in subdivision (h) shall constitute the
sole administrative remedy for contesting the issuance of a temporary
license or the denial or suspension of a license under this section.
  The procedures specified in the administrative adjudication
provisions of the Administrative Procedure Act (Chapter 4.5
(commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code) shall not apply to the denial, suspension, or failure to issue
or renew a license or the issuance of a temporary license pursuant to
this section.
   (p) In furtherance of the public policy of increasing child
support enforcement and collections, on or before November 1, 1995,
the State Department of Social Services shall make a report to the
Legislature and the Governor based on data collected by the boards
and the district attorneys in a format prescribed by the State
Department of Social Services.  The report shall contain all of the
following:
   (1) The number of delinquent obligors certified by district
attorneys under this section.
   (2) The number of support obligors who also were applicants or
licensees subject to this section.
   (3) The number of new licenses and renewals that were delayed,
temporary licenses issued, and licenses suspended subject to this
section and the number of new licenses and renewals granted and
licenses reinstated following board receipt of releases as provided
by subdivision (h) by May 1, 1995.
   (4) The costs incurred in the implementation and enforcement of
this section.
   (q) Any board receiving an inquiry as to the licensed status of an
applicant or licensee who has had a license denied or suspended
under this section or has been granted a temporary license under this
section shall respond only that the license was denied or suspended
or the temporary license was issued pursuant to this section.
Information collected pursuant to this section by any state agency,
board, or department shall be subject to the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code).
   (r) Any rules and regulations issued pursuant to this section by
any state agency, board, or department may be adopted as emergency
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare.  The regulations shall become
effective immediately upon filing with the Secretary of State.
   (s) The State Department of Social Services and boards, as
appropriate, shall adopt regulations necessary to implement this
section.
   (t) The Judicial Council shall develop the forms necessary to
implement this section, except as provided in subdivisions (f) and
(l).
   (u) The release or other use of information received by a board
pursuant to this section, except as authorized by this section, is
punishable as a misdemeanor.
   (v) The State Board of Equalization shall enter into interagency
agreements with the State Department of Social Services and the
Franchise Tax Board that will require the State Department of Social
Services and the Franchise Tax Board to maximize the use of
information collected by the State Board of Equalization, for child
support enforcement purposes, to the extent it is cost-effective and
permitted by the Revenue and Taxation Code.
   (w) The suspension or revocation of any driver's license,
including a commercial driver's license, under this section shall not
subject the licensee to vehicle impoundment pursuant to Section
14602.6 of the Vehicle Code.
   (x) If any provision of this section or the application thereof to
any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
   (y) All rights to administrative and judicial review afforded by
this section to an applicant shall also be afforded to a licensee.
11350.61.  The order to show cause or notice of motion described in
subdivision (j) of Section 11350.6 shall be filed and heard in the
superior court.  If, however, criminal proceedings pursuant to
paragraph (4) of subdivision (a) of Section 166 of the Penal Code,
relating to a support order, or pursuant to Section 270 of the Penal
Code are pending against the applicant in the municipal court, in a
county in which there is a municipal court, an order to show cause or
notice of motion for judicial review of the district attorney's
decision not to issue a release may be filed and heard in that court.
11351.5.  Whenever an unrelated adult male resides with a family
applying for or receiving aid under this chapter, he shall be
required to make a financial contribution to the family which shall
not be less than it would cost him to provide himself with an
independent living arrangement.
   The minimum financial contribution to the family shall be
determined in accordance with standards established by the department
which takes into account such adult male person's income and
expenses.  The regulations formulated by the department shall require
the mother of the children and the unrelated male to present all of
the facts in connection with the sharing of expenses which comprise
the agreement whereby said adult male resides with the family.  The
conditions of the agreement and the facts related to the sharing of
the family expenses shall be signed under penalty of perjury by both
the mother of the child and the unrelated male.  In the event that
either the mother or the adult male person willfully and knowingly
fails to cooperate during the period such joint sharing of expenses
arrangement exists in setting forth all of the facts in accordance
with provisions of this section, aid to the family may be
discontinued.
   The provisions of this section do not apply to a bona fide paying
lodger, roomer or boarder living in the home of a family applying for
or receiving aid under this chapter.
11353.  Any parent whose absence is the basis upon which an
application is filed for aid in behalf of a child shall complete and
return to the county within 15 days after service pursuant to Section
11476 a written statement of his current monthly income, his total
income over the past 12 months, a description of all real and
personal property owned by him, together with an estimate of its
value, the number of dependents for whom he is providing support, the
amount he is contributing regularly, toward the support of all
children for whom application for aid is made under this chapter, his
social security number, his current monthly living expenses and such
other information as is pertinent to determining his ability to
support his children.
   A violation of this section constitutes a misdemeanor.