Section 454.1005

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 28 Aug 2023, 2 histories   

  454.1005.  Hearing to show cause for suspension of a license, procedure. — 1.  To show cause why suspension of a license may not be appropriate, the obligor shall request a hearing from the court or division that issued the notice of intent to suspend the license.  The request shall be made within sixty days of the date of service of notice.

  2.  If an obligor fails to respond, without good cause, to a notice of intent to suspend a license or to timely request a hearing or comply with a payment plan, the court or director may enter an order suspending the obligor's license and ordering the obligor to refrain from engaging in the licensed activity.

  3.  Upon timely receipt of a request for hearing from an obligor, the court or director shall schedule a hearing that complies with due process to determine if suspension of the obligor's license is appropriate considering all relevant factors, including those factors listed in subsection 4 of this section.  The court or director shall stay suspension of the license pending the outcome of the hearing.

  4.  In determining whether the license suspension is appropriate under the circumstances, the court or director shall consider and issue written findings of fact and conclusions of law within thirty days following the hearing regarding the following:

  (1)  The identity of the obligor;

  (2)  Whether the arrearage is in an amount greater than or equal to three months of support payments or two thousand five hundred dollars, whichever is less, by the date of service of a notice of intent to suspend;

  (3)  Whether the obligor has entered a payment plan.  If the action involves a failure to comply with a subpoena or order, the only issues that may be determined are the identity of the obligor and whether the obligor has complied with the subpoena or order;

  (4)  Whether the obligor had the ability to make the payments that are in arrearage;

  (5)  Whether the obligor has the current ability to make the payments;

  (6)  The reasons the obligor needs the license, including, but not limited to:

  (a)  Transportation of family members to and from work, school, or medical treatment;

  (b)  Transportation of the obligor or family members to extracurricular activities; or

  (c)  A requirement for employment;

  (7)  Whether the obligor is unemployed or underemployed;

  (8)  Whether the obligor is actively seeking employment;

  (9)  Whether the obligor has engaged in job search and job readiness assistance, including utilization of the state employment database website;

  (10)  Whether the obligor has a physical or mental impairment affecting his or her capacity to work; and

  (11)  Any other relevant factors that affect the obligor's ability to make the child support payments.

  5.  If the court or director, after the hearing, determines that the obligor has failed to comply with the child support payment obligation and an arrearage exists in excess of two thousand five hundred dollars for good cause, then the court or director shall not issue an order suspending the obligor's license and ordering the obligor to refrain from engaging in the licensed activity or, if an order is in place, shall stay such order.  Good cause may include loss of employment, excluding voluntarily quitting or a dismissal due to poor job performance or failure to meet a condition of employment; catastrophic illness or accident of the obligor or a family member; severe inclement weather, including a natural disaster; or the obligor experiences a family emergency or other life-changing event, including divorce or domestic violence.  A decision by the court or director under this section not to issue an order suspending the obligor's license and ordering the obligor to refrain from engaging in the licensed activity shall not prevent a court or the director from issuing a new order suspending the license of the same obligor in the event of another arrearage if the obligor fails, without good cause, to comply with the support order or payment plan.

  6.  If the court or director, after hearing, determines that the obligor has failed, without good cause, to comply with any of the requirements in subsection 4 of this section, the court or director shall issue an order suspending the obligor's license and ordering the obligor to refrain from engaging in the licensed activity.

  7.  The court or division shall send a copy of the order suspending a license to the licensing authority and the obligor by certified mail.

  8.  The determination of the director, after a hearing pursuant to this section, shall be a final agency decision and shall be subject to judicial review pursuant to chapter 536.  Administrative hearings held pursuant to this section shall be conducted by hearing officers appointed by the director of the department pursuant to subsection 1 of section 454.475.

  9.  A determination made by the court or division pursuant to this section is independent of any proceeding of the licensing authority to suspend, revoke, deny, terminate or renew a license.

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(L. 1997 S.B. 361, A.L. 2023 S.B. 35)