2006 Code of Virginia § 46.2-320 - Other grounds for refusal or suspension

46.2-320. Other grounds for refusal or suspension.

A. The Department may refuse to grant an application for a driver's licensein any of the circumstances set forth in 46.2-608 as circumstancesjustifying the refusal of an application for the registration of a motorvehicle. The Department may refuse to issue or reissue a driver's license forthe willful failure or refusal to pay any taxes or fees required to becollected or authorized to be collected by the Department.

B. The Commissioner may enter into an agreement with the Department of SocialServices whereby the Department may suspend or refuse to renew the driver'slicense of any person upon receipt of notice from the Department of SocialServices that the person (i) is delinquent in the payment of child support byninety days or more or in an amount of $5,000 or more or (ii) has failed tocomply with a subpoena, summons or warrant relating to paternity or childsupport proceedings. A suspension or refusal to renew authorized pursuant tothis section shall not be effective until thirty days after service on thedelinquent obligor of notice of intent to suspend or refuse to renew. Thenotice of intent shall be served on the obligor by the Department of SocialServices (i) by certified mail, return receipt requested, sent to theobligor's last known addresses as shown in the records of the Department orthe Department of Social Services or (ii) pursuant to 8.01-296, or (iii)service may be waived by the obligor in accordance with proceduresestablished by the Department of Social Services. The obligor shall beentitled to a judicial hearing if a request for a hearing is made, inwriting, to the Department of Social Services within ten days from service ofthe notice of intent. Upon receipt of the request for a hearing, theDepartment of Social Services shall petition the court that entered or isenforcing the order, requesting a hearing on the proposed suspension orrefusal to renew. The court shall authorize the suspension or refusal torenew only if it finds that the obligor's noncompliance with the childsupport order was willful. Upon a showing by the Department of SocialServices that the obligor is delinquent in the payment of child support byninety days or more or in an amount of $5,000 or more, the burden of provingthat the delinquency was not willful shall rest upon the obligor. TheDepartment shall not suspend or refuse to renew the driver's license until afinal determination is made by the court.

C. At any time after service of a notice of intent, the person may petitionthe juvenile and domestic relations district court in the jurisdiction wherehe resides for the issuance of a restricted license to be used if thesuspension or refusal to renew becomes effective. Upon such petition and afinding of good cause, the court may provide that such person be issued arestricted permit to operate a motor vehicle for any of the purposes setforth in subsection E of 18.2-271.1. A restricted license issued pursuantto this subsection shall not permit any person to operate a commercial motorvehicle as defined in 46.2-341.4. The court shall order the surrender ofthe person's license to operate a motor vehicle, to be disposed of inaccordance with the provisions of 46.2-398, and shall forward to theCommissioner a copy of its order entered pursuant to this subsection. Theorder shall specifically enumerate the restrictions imposed and contain suchinformation regarding the person to whom such a permit is issued as isreasonably necessary to identify him.

D. The Department shall not renew a driver's license or terminate a licensesuspension imposed pursuant to this section until it has received from theDepartment of Social Services a certification that the person has (i) paidthe delinquency in full, (ii) reached an agreement with the Department ofSocial Services to satisfy the delinquency within a period not to exceed tenyears and at least one payment, representing at least five percent of thetotal delinquency or $500, whichever is greater, has been made pursuant tothe agreement, or (iii) complied with a subpoena, summons or warrant relatingto a paternity or child support proceeding. Certification by the Departmentof Social Services shall be made by electronic or telephonic communicationand shall be made on the same work day that payment required by clause (i) or(ii) is made.

(Code 1950, 46-359; 1958, c. 541, 46.1-366; 1982, c. 147; 1984, c. 780;1989, c. 727; 1995, c. 595; 1996, cc. 785, 1013; 1997, cc. 473, 794, 857,898; 1999, c. 615; 2001, cc. 645, 779.)