Current through all regulations passed and filed through September 16, 2024
(A) In accordance with division (B) of
section 4705.021 of the Revised Code, a
child support enforcement agency (CSEA) may, as an enforcement technique, refer
an obligor under a child support order who is
licensed to practice law in the state of Ohio to the Ohio supreme court for
suspension of a license to practice law.
(B) The CSEA may elect to submit an obligor
to the Ohio supreme court to suspend, refuse, or deny to renew a license to
practice law 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 (C) 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 (C) of this rule at least ten days prior to submission of an obligor
to a licensing entity.
(C) 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 refer an obligor for the suspension of
a license to practice law, the CSEA shall send to the obligor's last known
address by ordinary, first class mail a JFS 07230, "Advance Notice to Suspend
License to Practice Law" (effective or revised effective date as identified in
rule 5101:12-55-99 of the
Administrative Code).
(D)
When the CSEA elects to proceed with the referral for suspension, 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 (C) of this rule. When more than ninety days
have elapsed, a new notice shall be sent to the
obligor if the CSEA still intends to submit an obligor for suspension;
and
(2) Send to the secretary of
the board of commissioners on grievances and discipline of the supreme court
and to either the disciplinary counsel or the president, secretary, and
chairperson of each certified grievance committee the following:
(a) A notice listing the name and social
security number or other identification number of the obligor and requesting
the suspension of the obligor's license to practice law; and
(b) A certified copy of the court or agency
determination of default.
(E) License reinstatement
(1) The CSEA shall send 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 secretary of the board of commissioners on
grievances and discipline of the supreme court and to either the disciplinary
counsel or the president, secretary, and chairperson of each certified
grievance committee to which it sent a notice described in paragraph (C) of
this rule, within seven days of one of the following:
(a) There has been a determination that the
obligor is no longer in default; or
(b) 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
(c) The following occurs:
(i) The obligor pays the full arrears balance
owed as of the date of the payment; or
(ii) When paragraph (E)(1)(c)(i) 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 (E)(2) of this rule; or
(iii) When paragraphs (E)(1)(c)(i) and
(E)(1)(c)(ii) 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
(iv) When paragraphs (E)(1)(c)(i) to
(E)(1)(c)(iii) 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
(v) When paragraphs
(E)(1)(c)(i) to (E)(1)(c)(iv) of this rule are not possible, the individual
pays the balance of the total monthly obligation due for the ninety-day period
preceding the date the agency sent the pre-suspension notice.
When the court made the determination of default, the CSEA
shall include with the electronic notice or JFS 04042 a certified copy of the
judgment entry reversing the determination of default.
(2) Confirming
employment status or financial institution account information.
When the obligor requests reinstatement of a license based upon
paragraph (E)(1)(c)(ii) of this rule, the CSEA shall proceed as follows:
(a) 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 (E) of this rule after an income withholding has been
issued to that employer or financial institution.
(b) When information previously provided by
the obligor, which resulted in a reinstatement under paragraph (E)(1)(c)(ii) of
this rule did not result in a payment being received from that payor, any
subsequent reinstatement requests based upon paragraph (E)(1)(c)(ii) of this
rule shall only be granted once a payment has been received via withholding
from the payor.
(c) When the CSEA
determines that an obligor has a history of frequently changing employment or
financial institution accounts, a reinstatement request based upon paragraph
(E)(1)(c)(ii) of this rule shall only be granted once one full month's
obligation has been received via withholding from the provided payor.
(3) When the CSEA determines that
the referral for the suspension of a license to practice law was issued in
error, the CSEA shall immediately issue 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 secretary of the board of commissioners on
grievances and discipline of the supreme court and to either the disciplinary
counsel or the president, secretary, and chairperson of each certified
grievance committee.
(F)
The CSEA shall describe the procedures used to submit an obligor to the Ohio
supreme court to suspend, refuse, or deny to renew a license to practice law
and to reinstate a license to practice law in the CSEA's procedural
manual.
