Current through all regulations passed and filed through September 16, 2024
(A) This rule describes the process a child
support enforcement agency (CSEA) shall use to reinstate a professional,
recreational, or driver's license that has been suspended.
(B) A CSEA shall send an electronic notice
through the support enforcement tracking system (SETS) or, when an electronic
notice is not available, a JFS 04042, "Notice to Reinstate/Reissue a License"
(effective or revised effective date as identified in rule
5101:12-55-99 of the
Administrative Code), to the licensing entity to which it sent 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), within seven days of one of the following:
(1) There has been a determination that the
obligor is no longer in default; or
(2) The court or CSEA that issued a warrant
or subpoena removes the warrant or determines that the obligor has complied
with the subpoena in accordance with section
3123.46 of the Revised Code;
or
(3) The following occurs:
(a) The obligor pays the full arrears balance
owed as of the date of the payment; or
(b) When paragraph (B)(3)(a) of this rule is
not possible, the obligor presents evidence of employment or a financial
institution account and the agency has confirmed said employment or financial
institution account as described in paragraph (C) of this rule; or
(c) When paragraphs (B)(3)(a) and (B)(3)(b)
of this rule are not possible, the obligor presents evidence that the obligor
is unable to work due to circumstances beyond the obligor's control and it is
accepted as such by the agency; or
(d) When paragraphs (B)(3)(a) to (B)(3)(c) of
this rule are not possible, the obligor complies with a written agreement to
complete a family support program administered or approved by the agency, or a
program that will establish compliance with a seek work order; or
(e) When paragraphs (B)(3)(a) to (B)(3)(d) of
this rule are not possible, the obligor pays the balance of the total monthly
obligation due for the ninety-day period preceding the date the agency sent the
pre-suspension notice.
(C) Confirming employment status or financial
institution account information.
When the obligor requests reinstatement of a license based upon
paragraph (B)(3)(b) of this rule, the CSEA shall proceed as follows:
(1) Upon receipt of evidence from the obligor
of employment or of an account at a financial institution, the CSEA shall
confirm the information provided and reinstate the obligor's license as
described in paragraph (B) of this rule after an income withholding has been
issued to that employer or financial institution.
(2) When information previously provided by
the obligor, which resulted in a reinstatement under paragraph (B)(3)(b) of
this rule did not result in a payment being received from that payor, any
subsequent reinstatement requests based upon paragraph (B)(3)(b) of this rule
shall only be granted once a payment has been received via withholding from the
payor.
(3) When the CSEA determines
that an obligor has a history of frequently changing employment or financial
institution accounts, a reinstatement request based upon paragraph (B)(3)(b) of
this rule shall only be granted once one full month's obligation has been
received via withholding from the provided payor.
(D) When the CSEA submits an
individual in error to a licensing entity for the
suspension or refusal of or denial to renew a license, the CSEA shall
immediately issue an electronic notice through SETS or, when an electronic
notice is not available, a JFS 04038, "Notice of Correction of a License
Suspension" (effective or revised effective date as identified in rule
5101:12-55-99 of the
Administrative Code), to the licensing entity to which it sent the JFS
04041.
