2014 Oklahoma Statutes
Title 56. Poor Persons
§56-240.15. Restriction of various licenses as remedy for noncompliance with support order or order for genetic testing to determine paternity.

A. 1. Except as otherwise provided by this section, the Department of Human Services, the “Department”, is authorized to initiate proceedings for the suspension or revocation of a license and driving privileges or placement of an obligor on probation who is not in compliance with an order for support.

2. The Department of Human Services, Office of Administrative Hearings: Child Support, the “OAH”, is authorized to order the suspension or revocation of a license, or placement of the obligor who is in noncompliance with an order for support on probation. Additionally, the OAH is authorized pursuant to Section 6-201.1 of Title 47 of the Oklahoma Statutes to order the suspension or revocation of a driver license or driving privileges of an obligor who is in noncompliance with an order for support.

3. If the obligor is a licensed attorney, the Department may report the matter to the State Bar Association to suspend or revoke the professional license of the obligor or other appropriate action in accordance with the rules of professional conduct and disciplinary proceedings.

4. The remedy under this section is in addition to any other enforcement remedy available to the Department.

B. 1. Whenever the Department of Human Services determines that an obligor may be in noncompliance with an order for support, before proceeding with suspension, revocation, nonissuance or nonrenewal of a license of an obligor or placing the obligor on probation, the Department of Human Services shall issue a notice of intent of suspension, revocation, nonissuance, or nonrenewal of the license of the obligor or placing the obligor on probation.

2. The notice shall be served upon the obligor pursuant to Section 2005 of Title 12 of the Oklahoma Statutes; or, if there is an address of record, the notice provided in this section may be served by regular mail to the address of record on file with the central case registry as provided for in Section 112A of Title 43 of the Oklahoma Statutes.

3. The notice shall state that the obligor’s license will be suspended or revoked or the obligor placed on probation twenty (20) days after service unless within that time the obligor:

a.pays the entire past-due support as stated in the notice, or enters into a payment plan approved by the Department,

b.obtains and maintains health insurance coverage as required by an order of support,

c.complies with all subpoenas and orders relating to paternity or child support proceedings, and

d.complies with all orders to submit to genetic testing to determine paternity.

C. A written request for a hearing may be made within twenty (20) days after the date of service of the notice.

D. Upon receipt of a request for hearing from an obligor, the Department shall schedule a hearing for the purpose of determining if suspension or revocation of the obligor’s license, or probation, is appropriate.

E. At a hearing under this section, the OAH shall determine whether the obligor is in noncompliance with an order for support and whether suspension or revocation of a license, or probation, is appropriate.

1. If the obligor enters into a payment plan for the past due support and is complying with the order for support, the OAH may order probation pursuant to Section 240.16 of this title.

2. If the OAH determines the obligor is in noncompliance with an order for support and has not entered into a payment plan for past due support, the OAH shall issue an order for suspension or revocation of the obligor’s licenses and driving privileges.

F. If an obligor fails to respond to a notice issued under this section, fails to request a timely hearing, or fails to appear at a scheduled hearing, the obligor’s defenses, objections or request for a payment plan shall be considered without merit and the OAH shall enter an order of suspension, revocation, nonissuance or nonrenewal of a license to the licensing board and to the obligor. If the OAH orders probation, the appropriate licensing board shall not be notified and no action is required of that board.

G. The determinations of the OAH pursuant to this section are a final agency decision and are subject to judicial review pursuant to Section 240.3 of this title. Judicial review shall be confined to the record of the administrative proceedings.

H. A determination made by the OAH pursuant to this section is independent of any proceeding of the licensing board to suspend, revoke, deny, terminate, or renew a license.

I. The OAH has the authority to order the suspension or revocation of a license and driving privileges or the placement of an obligor on probation without any action by the licensing board. The licensing board shall, upon receipt of an order issued by the OAH, revoke, suspend, or refuse to renew or reissue the license and driving privileges of the named individual.

J. For purposes of this section and Sections 240.16 through 240.21 of this title and Section 6-201.1 of Title 47 of the Oklahoma Statutes, the term “noncompliance with an order for support” means that the obligor has failed to make child support payments required by a child support order in an amount equal to the child support payable for at least ninety (90) days, has failed to make full payments pursuant to a court-ordered payment plan for at least ninety (90) days, has failed to obtain or maintain health insurance coverage for at least ninety (90) days as required by a support order, has failed to comply with subpoenas or orders relating to paternity or child support proceedings, or has failed to comply with an order to submit to genetic testing to determine paternity.

K. The provisions of this section may be used to suspend, revoke, not issue or not renew the licenses of the custodian of a child who fails to comply with an order to submit to genetic testing to determine paternity.

Added by Laws 1995, c. 354, § 4, eff. Nov. 1, 1995. Amended by Laws 2000, c. 384, § 16, eff. Nov. 1, 2000; Laws 2001, c. 407, § 18, eff. July 1, 2001; Laws 2004, c. 124, § 4, eff. Nov. 1, 2004.