Current through Register Vol. 43, No. 02, November 27, 2024
(1) A
hearing request must be made in writing within fifteen days from the date of
receipt of notification of intent to withhold, restrict the use of, suspend or
revoke a license. The NCP can request an administrative hearing to show cause
why the withholding, restricted use, suspension or revocation is not
appropriate. Upon receipt of the request for a hearing, action to withhold,
restrict the use of, suspend or revoke the NCP's license will be halted pending
the outcome of the hearing. An attempt will be made to resolve the dispute
prior to a hearing through a telephone interview or personal interview, which
will be referred to as an administrative (desk) review. These activities do not
impact the NCP's right to a hearing.
(a) The
hearing can only be for the purpose of contesting the determination by the
department that:
(1) The NCP is at least six
months delinquent in child support payments,
(2) The NCP has not entered into a payment
plan approved by the Department,
(3) the NCP has failed to comply with a
subpoena or warrant relating to a paternity or child support case, or
(4) withholding, restricting the
use of, suspension or revocation of the license is appropriate (i.e., wrong
person, the support debt or support obligation due and unpaid does not equal or
exceed six months support payments, etc., are not found).
(b) When the NCP requests a hearing to
contest the notice and is alleging a mistake has occurred, the NCP must provide
documentation to support his/her claim.
(c) The department will not receive (accept)
or consider any evidence at the hearing with respect to the appropriateness of
the support order or the NCP's ability to comply with the support
order.
(d) If the NCP fails to
request a hearing within 15 days of receipt of the notification; or fails to
appear at a scheduled hearing, his/her defenses, objections or request for a
payment plan shall be considered to be without merit and the Department shall
enter a final decision accordingly. The Department will proceed with the
withholding, restricted use, suspension, or revocation.
(e) If the dispute is resolved prior to the
hearing, the NCP should follow normal procedures in withdrawing the request for
a hearing.
(f) In general, all
other provisions of the hearing will follow the Alabama Administrative
Procedure Act and procedures specified in the Department's administrative
hearing rules.
(2)
Judicial Review
(a) The NCP must file the
notice of appeal and a cost bond with the Department within thirty (30) days of
receipt of the hearing decision. The NCP may file the petition for review in
the Circuit Court of Montgomery County or the Circuit Court of the county where
(s)he resides. Filing of the notice of appeal results in an automatic stay of
withholding, restriction, suspension or revocation of the NCP's license pending
the outcome of the appeal.
(b)
Unless the Department is notified within thirty (30) days that the NCP has met
the requirements for seeking a judicial review as required by law, the
Department shall send notification to withhold, restrict the use of, suspend,
or revoke the license to the licensing authority. A determination of the
Department is independent of any proceeding of the licensing authority to
withhold, restrict the use of, suspend, revoke, deny, terminate, renew, or
issue a license.
