Current through all regulations passed and filed through September 16, 2024
(A) This rule describes when a child support
enforcement agency (CSEA) may, as an enforcement technique, submit an obligor
under a child support order to a licensing entity
to suspend, refuse, or deny to renew a professional, driver's, or recreational
license. Suspension and reinstatement procedures
of license to
practice law are described in rule
5101:12-55-26 of the
Administrative Code.
(B) The
following definitions apply to this rule and its supplemental rules:
(1) A "license" means:
(a) A license, certificate, permit,
registration, or other authorization to engage in an occupation or profession,
other than attorney, that is issued by a board or entity that has the authority
pursuant to Title XLVII (47) of the Revised Code;
(b) A driver's or commercial driver's
license, motorcycle operator's license or endorsement, temporary instruction
permit, or commercial driver's temporary instruction permit issued by the
registrar of motor vehicles or a deputy registrar; or
(c) A recreational license issued by the
department of natural resources (DNR) that includes any license, permit, or
stamp issued pursuant to section
1533.10,
1533.11,
1533.111,
1533.112, or
1533.32 of the Revised Code.
(2) A "licensing entity"
means any entity that has authority to issue a license to an individual and
includes any of the following:
(a) Any board
or entity that has the authority pursuant to Title XLVII (47) of the Revised
Code to issue a license and any other agency of this state, other than the
supreme court, that has the authority to issue a license that authorizes an
individual to engage in an occupation or profession. This includes an
administrative officer that has authority to issue a license that authorizes an
individual to engage in an occupation or profession;
(b) The bureau of motor vehicles (BMV) or the
registrar or deputy registrar of motor vehicles; and
(c) The department of natural resources
(DNR).
(C) The
CSEA shall submit an obligor under a child support
order to a licensing entity to suspend, refuse, or deny to renew a
license only when:
(1) A court or agency has
determined that an individual has failed to comply with a warrant or subpoena
issued by a court or agency with respect to a proceeding to enforce a child
support order, and the CSEA has issued a pre-suspension notice as outlined in
paragraph (D) of this rule at least ten days prior to submission of an obligor
to a licensing entity; or
(2) At
least a ninety-day period has elapsed since a final and enforceable
determination of default has been made and a JFS 04049, "Notice to Obligor of
Default and Potential Action" (effective or revised effective date as
identified in rule
5101:12-55-99 of the
Administrative Code), has been issued to the obligor. Unless the obligor files
a mistake of fact objection to the JFS 04049, the CSEA shall count at least
ninety days from the most recent issuance of the JFS 04049. If the obligor
objects, default is considered final and enforceable on the date established in
a CSEA mistake of fact determination under section
3123.04 of the Revised Code or
the court mistake of fact determination under section
3123.05 of the Revised Code. If
the agency or court mistake of fact determination is silent as to the date of
default, the CSEA shall use the date of issuance of the JFS 04049.
Additionally, the CSEA shall have issued a pre-suspension notice as outlined in
paragraph (D) of this rule at least ten days prior to submission of an obligor
to a licensing entity.
(D) The CSEA shall only send a pre-suspension
notice when the CSEA determines that in the ninety-day period preceding a
decision to issue a pre-suspension notice, the obligor has paid less than fifty
per cent of the total monthly ordered obligation due for that ninety-day
period, excluding any state or federal tax offset amounts received during that
ninety-day period. A "ninety-day period" includes the three full months
preceding the month in which the CSEA is considering sending the pre-suspension
notice.
When the CSEA elects to issue a pre-suspension notice to the
obligor, the CSEA shall use the JFS 04024, "Advance Notice to Suspend
Professional, Recreational, and/or Driver's License" (effective or revised
effective date as identified in rule
5101:12-55-99 of the
Administrative Code) as its pre-suspension notice. The notice shall be issued
to the obligor's last known address by ordinary, first class mail. When more
than ninety days have elapsed since the issuance of the JFS 04024, a new
pre-suspension notice shall be sent to the obligor if the CSEA still intends to
submit an obligor to a licensing entity referenced in the notice.
(E) License suspension procedures.
When the CSEA elects to submit an obligor to a licensing entity
to suspend a specific license, the CSEA shall:
(1) Ensure that at least ten days, but no
more than ninety days have elapsed since the issuance of the pre-suspension
notice as described in paragraph (D) of this rule; and
(2) Send an electronic notice through the
support enforcement tracking system (SETS) or, when an electronic notice is not
available, a JFS 04041, "Notice to Suspend Professional, Motor Vehicle Operator
and Recreational License" (effective or revised effective date as identified in
rule 5101:12-55-99 of the
Administrative Code), to the licensing entity that has authority to issue or
has issued the obligor that specific license.
(F) The CSEA shall describe the procedures
used to submit an obligor to a licensing entity to suspend, refuse, or deny to
renew a license and to reinstate a license in the CSEA's procedural
manual.
