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State Licensing Restrictions and Revocations
AUG 30 1995 DC-95-56
TO ALL STATE IV-D DIRECTORS
RE: Updated OCSE Information Exchange Report: "State Licensing Restrictions and Revocations"
Dear Colleague:
Enclosed is a current matrix on licensing restrictions and revocations, an update of the one sent to you in February, 1995. The matrix sorts out, state by state, the common elements associated with licensing restrictions and revocations. The information contained in this matrix is current as of August, 1995, and is based on information received by State IV-D agency contact persons and Federal regional office staff.
We have received very positive feedback regarding these Information Exchange Reports. And of course, we want to keep them as current as possible. Should your State adopt similar legislation, or if your current legislation is amended, we would appreciate being notified.
We trust this information will be of assistance to you in your work on behalf of America's children. If you have any questions regarding the information contained in this report, please contact Karen Bartlett at (202) 401-4630.
Sincerely,
David Gray Ross
Deputy Director
Office of Child Support Enforcement
Enclosures
cc: ACF Regional Offices
About the OCSE Information Exchanges....
The Office of Child Support Enforcement periodically produces information exchanges as a means of providing "at-a-glance" information on innovative enforcement practices. This matrix on immediate License Revocation is an update of the one issued in February, 1995. Information in this version is current as of August, 1995.
Other information exchanges cover paternity establishment and W4/Employer Reporting of New Hires (updated in August, 1995). Suggestions on how to improve these information exchanges or for additional topics for OCSE to address are welcome. Contact OCSE/Special Initiatives Branch, Fourth Floor East, 370 L'Enfant Promenade, S.W., Washington, D.C. 20447.
State |
Contact Person Name/Title |
Telephone Number |
Fax |
Arizona |
Kris Baier Child Support Enforcement Program and Development Specialist |
(602) 274-7951 |
(602) 274-8250 |
Arkansas |
Ed Baskin Child Support Enforcement Unit Manager or Mary Smith Acting Program Coordinator |
(501) 682-8417 (501) 682-8410 |
(501) 682-6002 (501) 682-6002 |
California |
Gary Padilla Associate Government Program Analyst |
(916) 654-1208 |
(916) 657-2074 |
Connecticut |
David Mulligan Policy Consultant |
(203) 424-5269 |
(203) 951-2996 |
Colorado |
Dan Welch Program Specialist |
(303) 866-5996 |
(303) 866-2214 |
Florida |
Phil Scruggs Senior Human Services Program Specialist |
(904) 922-9558 |
(904) 488-4401 |
Illinois |
Rick Saavedra Staff Attorney |
(217) 524-4607 |
(217) 524-4608 |
Indiana |
Bill Steffen Chief Legal Staff Attorney |
(317) 232-4931 |
(317) 233-4925 |
Iowa |
Tom Kisch Operations Manager for Bureau of Collections |
(515) 281-6015 |
(515) 281-4597 |
Kansas |
Dennis Hoffman Director of Collections |
(913) 296-2629 |
(913) 296-5206 |
Kentucky |
Steve Veno IV-D Director |
(502) 564-2285 ext. 404 |
(502) 564-5988 |
Louisiana |
Gordon Hood, IV-D Director |
(504) 342-4780 |
(504) 342-7397 |
Maine |
Thomas Mato IV-D Staff Attorney |
(207) 287-2886 |
(207) 287-5096 |
Maryland |
Patsy Chappell, Acting Director, Office of Program Initiatives |
(410) 767-7455 |
(410) 333-8992 |
Massachusetts |
Robert Nevins Bureau Chief of Project Development |
(617) 577-7200 ext. 30428 |
(617) 621-4992 |
Minnesota |
Anne Martineau Program Consultant |
(612) 296-1397 |
(612) 297-4450 |
Montana |
Mary Ann Wellbank IV-D Administrator |
(406) 444-4614 |
(406) 444-1370 |
Nevada |
Leland Sullivan IV-D Director |
(702) 687-4744 |
(702) 687-5080 |
New Mexico |
Jerry Griffin Chief, Administrative Support Bureau |
(505) 827-7200 |
(505) 827-7285 |
New York |
Lee Sapienza Director of Programs Operations Unit |
(518) 474-1078 |
(518) 486-3127 |
North Carolina |
Barry Miller Chief of Local Operations |
(919) 571-4114 ext. 219 |
(919) 571-4126 |
North Dakota |
Barbara Holzer, Policy Administrator |
(701) 328-3582 |
(701) 328-5497 |
Oklahoma |
Elaine Hudson Legal Research Assistant |
(405) 522-2512 |
(405) 522-2753 |
Oregon |
John Ellis Assistant Administrator for Program Development |
(503) 378-4892 ext. 408 |
(503) 373-1514 |
Pennsylvania |
Thomas H. Sheaffer Welfare Program Specialist Supervisor |
(717) 783-7792 |
(717) 772-4988 |
Puerto Rico |
Miguel A. Verdiales, IV-D Director |
(809) 722-4731 |
(809) 723-6187 |
Rhode Island |
John F. Murphy, IV-D Director |
(401) 277-2847 |
(401) 277-2887 |
South Carolina |
Chrissy Brodgon Assistant Project Administrator |
(803) 737-5857 |
(803) 737-5896 |
South Dakota |
David Braun Staff Attorney |
(605) 773-3641 |
(605) 773-6834 |
Texas |
Karen Pettigrew, License Suspension Prosecutor |
(512) 463-5509 ext. 5009 |
(512) 476-3826 |
Vermont |
Catherine Simpson Program Consultant |
(802) 241-2864 |
(802) 244-1483 |
Virginia |
Donna Adams-Fleshman Policy Specialist |
(804) 692-2411 |
(804) 692-2410 |
State & Citation |
Legislative Status |
Licenses Affected |
"Trigger" Criteria |
"Match" Process |
Interstate Cases |
Appeals Provisions |
Arizona |
Enacted 6/18/90 & 1993. Amended in 4/94, 6 /95 |
Drivers, professional, business & trade |
Contempt of court |
None |
Yes |
|
Arizona Arizona Revised Statute õ 32-3701; õ 12-2452 |
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Arkansas |
Enacted 4/20/93 for commercial drivers licenses; Enacted 7/28/95 for occupational, professional and business |
All state issued drivers, occupational, professional and business licenses |
6 month delinquency |
Automation in development stage |
Same as intrastate if obligor holds Arkansan licenses |
60 days to request administrative hearing; 30 days to request court review |
Arkansas Arkansas Code Annotated õ 27-23-125 (for Commercial Drivers Licenses); õ 16-22-102 (for suspension of Attorney Licenses); õ 9-14-239 (for revocation or suspension of occupational, professional and business licenses) |
||||||
California |
Enacted and implemented 11/1/92; amendments to be implemented 1/1/96 |
Commercial drivers, professional, business, trade & commercial fishing |
30 day delinquency |
Licensing Boards take IV-D tape and match daily against their files of new applicants and renewals. In 1/1/96, licensing boards will also match all cases that are 4 months or more in arrears and issue temporary licenses in those cases. They will revoke all previously issued licenses that were released under a licensing match system agreement, but where the obligor failed to honor agreement. |
Yes |
A one-time temporary license can be issued for 150 days. |
California California Welfare and Institutions Code Section 11350.6 |
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Colorado |
Effective 7/1/96 |
Drivers licenses only |
Tentatively set at three months delinquent |
Monthly lists of delinquent obligors sent to local CSE offices for review. Obligors given 30 days to respond, if they don't, list goes to DMV |
Yes |
No interim penalty provisions |
Colorado Colorado Revised Statutes 26-13-123 and 42-2-127.5 |
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Connecticut |
Enacted 5/95, effective 1/96 |
Drivers, professional and occupational |
90 day delinquency or medical support not secured within 90 days of order or medical support not maintained for a period of 90 days |
Manually during the contempt process. Automated process in development. |
Yes |
30 day grace period to comply with the conditions of the suspension order |
Connecticut Public Act 95-310 Statutory number will be assigned when bill is codified in early 1997 |
||||||
Florida |
Enacted effective 7/1/93. Procedures implemented 12/21/93. Legislation amended effective 7/1/95. Procedures amended effective 8/1/95. |
Drivers licenses, vehicle and registration, teachers certificates, professional and business licenses. Vessel registration enacted 7/95, procedures under development. |
30 days delinquency |
Case-by-case basis |
Yes |
For drivers and vehicle registration, obligor can pay full amount owed, enter a written agreement to pay, or file a petition with the court to contest the court rules on the matter. If not, licenses and registration is suspended. For other licenses, obligor can pay full amount owed or enter into a written agreement to pay. If not, court may order suspension. |
Florida Florida Statutes õõ 61.13015 and õõ 409.2598 (for teaching certificates, professional and business licenses, vessel registration); õõ 231.097 and 231.28 (for teaching certificates); õ 322.058 (for drivers licenses and vehicle registrations); 327.031 (for vessel registration); õ 455.203 (for professional licenses); õ 559.79 (for business licenses) |
||||||
Illinois |
Enacted and effective 1/92; amendments effective 7/96 |
Drivers license, professional, business & trade (broad enough to encompass sporting) |
90 day delinquency for drivers license; 30 day delinquency for all others |
Computer match with licensing agency records |
Yes |
Provides for notice of administrative hearing and administrative review of final decision |
Illinois Illinois Compiled Statutes Annotated õ 305 5/10 - 17.6; õ 5 100/10 - 65; 625 5/7 - 100 |
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Indiana |
Effective 10/1/95 |
Drivers, professional |
3 month delinquency, or $2000 arrearage |
Not yet determined |
Yes |
Hearings available at all levels of administrative process; judicial review also available. |
Indiana for professional licenses, IC 31-6-6.1-16(k), IC 12-17-2-34, IC 31-1-11.5-13 (k); for drivers licenses, IC 31-1-11.5-13 (j), IC 31-6-6.1-16 (j), IC 9-25-6-19, IC 9-25-6-20, IC 25-1-1.2 |
||||||
Iowa |
Administrative process enacted, not yet implemented |
Drivers, professional, business, occupational licenses and motor vehicle registrations |
Three month delinquency, other criteria being developed |
Procedures being developed |
Only if there is an Iowa order or foreign registered order in Iowa or if certified to the Child Support Recovery Unit |
Compliance with written agreement for payment stops or "stays" the process. |
Iowa Iowa Code õ 252J.1 through 252J.9 |
||||||
Kansas |
Enacted & effective 7/1/94 |
Professional licenses |
Contempt of court |
Case-by-case basis |
Yes |
Temporary license issued for 6 months at which time the license will be suspended or terminated if no release has been obtained. |
Kansas Kansas Statutes Annotated õ 74-146; õ 74-147; õ 20-1204a |
||||||
Kentucky |
enacted 4/8/94; effective 1/1/95 |
Drivers license, commercial drivers licenses |
An arrearage which accrued since 1/1/94, equal to one year's obligation |
On-line access to Dept. Motor Vehicles |
Yes |
Obligor may request dispute hearing upon notification of intent to revoke or deny license. |
Kentucky Kentucky Revised Statutes õ 186.570 |
||||||
Louisiana |
Effective 1/1/96 |
Drivers, professional (except law licenses), hunting and fishing |
Limited to action to make past-due child support executory or criminal neglect of family proceeding |
Court or obligee's attorney may send certified order of suspension of license for noncompliance with an order of support to the licensing board |
Yes, if they are Louisiana licenses |
The office of motor vehicles may issue a temporary license for not more than 120 days if the obligor presents a court order of partial compliance |
Louisiana Louisiana Statutes Annotated R.S. 9:315.30 - 315.35; 32:432; 37:2952; and 56:647 |
||||||
Maine |
Enacted & effective 6/30/93. Amended effective 7/13/94. Manual processes fully implemented |
Drivers & occupational |
No current support payment or payment toward arrears according to written agreement or failure to provide health insurance (if ordered) in past 90 days |
Occupational licensors must match data annually w/ IV-D. IV-D has on-line access to drivers license data. |
Remedy available to enforce a support order issued by any state. |
Revocation after notice and appeal process if continued noncompliant |
Maine Maine Revised Statutes Annotated 19 õ 305 (occupational licenses); 19 õ 306 and 29-A õ 2459 (drivers licenses) |
||||||
Maryland |
Enacted April, 1995; legislation effective 10/1/95 |
Drivers licenses |
Arrears of 60 days or more |
Procedures are being developed |
Yes, when court order and driver are in Maryland |
Investigation and appeal available within CSEA. When sent to Motor Vehicle Administration, obligor may contest accuracy of information but only appeal is on mistaken identity. |
Maryland Family Law Article 10-101 and 10-119 |
||||||
Massachusetts |
Enacted and effective 4/13/94. Implementa- tion in process |
Drivers license, vehicle registration, professional, trade & recreational licenses |
Drivers licenses & registration revoked if there is an outstanding capias or bench warrant for a contempt hearing. Revocation of professional, trade & recreational licenses after notice & opportunity for a hearing & a finding that payments towards arrears are not being made at the rate of 25% of the current order or pursuant to a repayment agreement. |
IV-D will match tapes sent from licensing agencies. |
Yes, if there is a MA license. |
IV-D will stop proceedings upon acceptance of a payment plan |
Massachusetts Massachusetts Annotated Laws 119A õ 16 |
||||||
Minnesota |
Enacted & implemented 5/1/92. Amended 8/1/93 & 8/1/94. Additional amendments effective 7/1/95; drivers license effective 1/1/96. |
All occupations licensed by the State student grants, drivers licenses |
Arrearage equal to or greater than 3 times the obligor's monthly support payments and not in compliance with a payment plan approved by the court or the IV-D agency. |
IV-D will send notice to the licensing authority for IV-D cases; nonIV-D cases require court order. |
Yes, if there is a MN license |
Obligor has 90 days from date of notice to enter into a payment plan, 30 days from notice date to request and administrative hearing. License may be reinstated after suspension if obligor has compliance notice from IV-D agency. |
Minnesota Minnesota Statutes Annotated õ 518.551 subdivision 12 and 13; 214.101; 171.186; 168 A.29 |
||||||
Montana |
Enacted, effective 10/1/93. |
State agency issued drivers licenses, vehicle registration, professional, business, occupational,and trade licenses |
An amount equal to at least a 6 month arrearage. |
IV-D agency will issue an order to suspend the license & to refrain from the activity. This order is manually sent to the licensing authority to implement the suspension. Automated tape matches are being explored. |
Yes |
Allow 60 days to request hearing, pay arrears, or make arrangements for payment. After a hearing, IV-D may issue a stay for significant hardship cases. |
Montana Montana Code Annotated õõ 40-5-701 to 713 |
||||||
Nevada |
Enacted 7/95; effective 1/96 |
Drivers, occupational, professional licenses & permits, board and gaming licenses. Action against licensees is at the discretion of the licensing authorities. |
$1000 arrearage and no payments for last two months or failure to provide health insurance. |
IV-D can request lists of occupational and professional license holders form licensing authorities; drivers license information from Dept. of Motor Vehicles. |
Yes, when Nevada is the responding state. |
Obligor can appeal to the hearing master |
Nevada Nevada Revised Statutes õ 425.347; õ 425.348 |
||||||
New Mexico |
Effective 7/1/95 |
Individual state issued licenses and commissions, including professional, occupational, trade, commercial drivers licenses and law enforcement commissions |
Initially over $1,000 and have missed two successive months of the minimum court ordered support payment. Thereafter, any delinquency over 30 days |
IV-D produces tapes monthly of all eligible obligors and gives to all licensing boards. If board finds a match, they report back to IV-D within a month. Licensing boards address identity verification issues only and notify obligor that they are eligible to lose license unless letter of compliance is issued by IV-D. |
Yes |
Procedures specified by licensing entity apply. |
New Mexico Not codified as of 8/95. Senate Bill 18 |
||||||
New York |
Effective 7/1/95 |
Drivers, professional, trade, business. Drivers license suspension can be administratively or judicially processed; all other license suspensions are through court process. |
Arrearage equal to or greater than 4 months |
in planning stage |
Yes, when NY is responding state |
Obligor has 45 days to appeal and/or make payment arrangement |
New York Social Services Law õ's 111-b subd. 12, 111-h; Vehicle and Traffic Law õ's 502, 510, 511, 530; Family Court Act õ's 439, 454, 458-a, 458-b; Domestic Relations Law õ's 244-b, 244-c; Education Law õ's 6509-b, 6501, 6502; Real Property Law õ's 440-a, 441, 441-c; Alcoholic Beverage Law õ 119. Judiciary Law õ 90; General Obligations Law õ 3-503 |
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North Carolina |
Two effective dates, 7/1/96 for occupational, professional and business; 12/1/96 for drivers, hunting, fishing and trapping |
Occupational, professional, business, drivers, hunting, fishing, and trapping |
90 days in arrears |
None at this time |
Obligor must hold North Carolinian license and court must have jurisdiction |
Decision becomes final after 20 days unless payment arrangements are made. For drivers and sporting licenses, decision becomes final upon determination by the court unless obligor agrees to pay delinquency in full over time. |
North Carolina North Carolina General Statutes 1 T - 142.2 (drivers licenses); NCGS N - 142.1 (professional and business) |
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North Dakota |
Effective 8/1/95 |
Drivers, occupational, professional |
$1000 or more in arrears plus court's decision to suspend |
none |
Non custodial parent must hold ND license and court must have jurisdiction |
Decision becomes final after 30 days for occupational or professional unless payment arrangements are made |
North Dakota Century Code Chapter 14-08.1-06 (for occupational or professional licenses) and õ14-08.1-07 (for drivers licenses) |
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Oklahoma |
Enacted 6/1/93 (professional and trade); Amendments have an implementation date of 11/1/95. |
Professional and trade licenses. Amended to include driver's license ("license" defined to include certificate, permit, registration, approval or other similar document to engage in a professional occupation or business) |
90 days arrearage or failure to obtain medical coverage required by court order for support for at least 90 days. |
On line access to public safety data for driver licenses. |
Yes |
Cannot appeal to licensing board. If revocation issued in Administrative Court, obligor can appeal to District Court; other appeals through judicial processes. |
Oklahoma Oklahoma Statutes Annotated 56 õ 240.11 |
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Oregon |
Enacted & effective 11/4/93. Amended in 6/95, effective 9/95. This is a discretionary enforcement remedy. |
All licenses issued by the state as necessary for practice of an occupation, profession, or vocation. Includes regular and commercial drivers licenses. Operators of bars, package stores also included. |
$2,500 arrearage or three months delinquency, whichever is greater. |
Magnetic tape and individual inquiry (for non-automated licensing boards) |
Yes, for cases registered in OR. |
Delinquent obligor appeals first to an administrative hearing officer, in subsequent action, obligor appeals to Oregon Appeals Court. |
Oregon 1995 enrolled Senate Bill 392 and enrolled House Bill 2357 (for drivers licenses) |
||||||
Pennsylvania |
Enacted 7/2/93; implemented 9/2/93 |
Professional & trade licenses |
3 months in arrears and unable to attach the income of the support obligor |
Court order to licensing authority |
Will request that the Supreme Court Rules Committee determine the effect of this Act on foreign orders. |
Not applicable. |
Pennsylvania Pennsylvania Consolidated Statutes Annotated 23 õ 4355 |
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Puerto Rico |
Effective 7/1/95, implementation expected at end of FY 95 |
All permits, endorsements or privileges, and licenses--including professional, occupational, drivers |
Any arrearage will begin revocation process. However, wage withholding, asset seizure, tax intercepts, credit reporting, etc., must be attempted prior to procedures to revoke licenses |
Under development |
Yes |
10 days to request hearing (mistake of fact only issue), or pay debt in full, or execute and comply with payment plan. |
Puerto Rico Child Support Act (Act No. 5, as amended) õ 30 |
||||||
Rhode Island |
Effective 8/7/95 |
All licenses, including professional, occupational, drivers and sporting |
90 days in arrears or failure to comply with prior written payment plan |
To be determined |
Yes |
20 days to request a hearing, make payment, or establish payment plan |
Rhode Island Rhode Island state law sections 11-2-1 and 11-2-3 of general laws of Rhode Island chapter 11-2 (not published as of 8/95 refer to Senate Bill 95-S 818 |
||||||
South Carolina |
Effective 1/1/96 |
Professional, drivers, occupational, business, hunting, fishing, and trapping licenses, commercial fishing and trapping and water craft registrations |
60 days in arrears |
Licensing entities will provide tapes monthly to IV-D for automated matches. Some manual matching will be necessary |
License can be revoked if obligor is in South Carolina |
Licensee may appeal revocation to the licensing entity. However, the appeal is limited to a mistake of fact or compliance with the order of support. |
South Carolina South Carolina Code Annotated õ 20-7-940 |
||||||
South Dakota |
Enacted & effective 7/1/93. Implemented 11/1/93. |
Drivers, professional, occupational & trade licenses |
Accumulated arrearage of $1,000 or more. |
Monthly automated matches will be completed between the Dept. of Commerce & Regulation & the State IV-D agency computer systems. |
Yes, if the initiating State requests the restriction as part of a URESA/UIFSA action & the noncustodial parent resides in SD and is licensed by the State |
A one-time 180 day extension of driving privileges is provided automatically, to afford time to negotiate a repayment agreement. |
South Dakota South Dakota Codified Laws õ 32-12-116 (drivers licenses); õ 25-7A-56 (professional licenses) |
||||||
Texas |
Enacted 6/95, effective 9/1/95 |
Professional, drivers, business and occupation, and recreational (hunting and fishing) |
An arrearage equal to or greater than the support due for 90 days. Or if obligor is out of compliance with repayment agreement |
Automated data match by magnetic tape |
Not specified, however, statute does not differentiate between an interstate case and a Texas case |
Suspension may be stayed conditioned upon compliance with repayment schedule |
Texas HB 433, SB 793 |
||||||
Vermont |
Enacted 7/1/90, professional, business, trade license, and government contractors. Enacted 7/1/95, drivers and commercial drivers. |
Professional, business, trade licenses, government contracts, driver's, and commercial driver's licenses |
1 month in arrears or not meeting the repayment schedule for business and professional, et al; 2 months in arrears for drivers and commercial drivers |
Licensing agencies require applicants to complete a self-attesting form for business and professional; court enforcement action based on a judgement for arrears (no match process) for drivers. |
Yes, if the underlying order is a VT order |
Waiver for good cause, for business and professional. An inability to comply is a possible defense for driver license. |
Vermont Vermont Statutes Annotated 15 õ 795 (business and professional) and 15 õ 798 (drivers) |
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Virginia |
Enacted 7/1/94; drivers license revocation effective 7/1/95. |
Driver, business, trade, professional and occupational |
90 days in arrears with $500 minimum arrearage or for cases with a $5,000 arrearage |
tape to tape as well as online matches with DMV and Dept. of Health professionals |
Yes |
No temporary licenses. Individuals given 90 days to surrender license. Some restricted licensure. Some restricted drivers licenses. |
Virginia Code of Virginia õ 63.1 - 263.1 (for suspension of occupational license); õ 20 - 60.3 (contempt of support orders.) Code of Virginia õ46.2-320 (suspension of drivers' licenses) |
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