Section 454.1010

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 01 Jul 1997, see footnote   

  454.1010.  Petition to stay a suspension, grounds, procedure — reinstatement fee required, when. — 1.  An obligor may, at any time, petition a court or the director for an order to stay the suspension of a license.  Any petition seeking to stay an order of the director shall be served on the director.

  2.  The court or director may consider the obligor's petition for a stay separately from any determination on the suspension of a license.

  3.  The court, but not the director, may stay suspension of a license upon a showing that a suspension or continued suspension of a license would create a significant hardship to the obligor, the obligor's employees, any legal dependents residing in the obligor's household, or persons, businesses or other entities served by the obligor.

  4.  The court or director may stay suspension of a license upon entry of a payment plan or receipt of adequate assurance that the obligor shall comply with an existing payment plan.

  5.  A stay shall terminate if:

  (1)  A court determines that the significant hardship circumstance pursuant to subsection 3 of this section has ended;

  (2)  The court or division determines that the obligor has failed to abide by the terms and conditions of a payment plan; or

  (3)  The order staying suspension of a license has a termination date and such date has been reached.

  6.  If the licensing authority is notified of an order suspending a license, the court or division shall send a copy of any order staying or reimposing suspension of the license to the licensing authority and the obligor by certified mail.

  7.  Upon receipt of an order staying or reimposing suspension of the license, the licensing authority shall:

  (1)  Enter the information on appropriate records;

  (2)  Issue notice of the action to the licensee; and

  (3)  If required by law, demand surrender of the suspended license or return the reinstated license.

  8.  No additional action by the licensing authority shall be required to implement a stay or reinstatement of suspension of a license.

  9.  This section shall be the exclusive remedy for the obligor to obtain an order staying suspension of a license pursuant to sections 454.1000 to 454.1025.  Any other provisions providing for the issuance of hardship licenses, including, but not limited to, those provided in section 302.309, do not apply to suspensions pursuant to sections 454.1000 to 454.1025.

  10.  No person shall be required to file proof of financial responsibility with the department of revenue as a condition of reinstatement of a driver's license suspended solely pursuant to the provisions of sections 454.1000 to 454.1025.

  11.  Any person whose license to operate a motor vehicle in this state has been suspended pursuant to this section shall, before having the license reinstated, pay to the director of revenue a reinstatement fee of twenty dollars.

­­--------

(L. 1997 S.B. 361)

Effective 7-01-97