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Effective - 28 Aug 2013 bottom

  488.5029.  Delinquent debt, notice to department of conservation, when — hunting and fishing license suspended, procedure. — 1.  After the period provided for a person to appeal a debt under subsection 6* of this section has expired, and unless a court, upon review, determines that the delinquent debt has been satisfied, the office of state courts administrator shall notify the department of conservation of the full name, date of birth, and address of any person reported by a circuit court as being delinquent in the payment of money to a county jail under section 221.070.  If a person requests a hearing under subsection 6* of this section, the state courts administrator shall wait to send such notification until the court has issued a decision.  When the circuit clerk has notified the state courts administrator that a person shall no longer be considered delinquent, the state courts administrator shall notify the department of such fact.  Notification under this subsection may be on forms or in an electronic format per agreement with the office of state courts administrator and the department.

  2.  The following procedure shall apply between the office of state courts administrator and the department of conservation regarding the suspension of hunting and fishing licenses:

  (1)  The office of state courts administrator shall be responsible for making the determination of whether an individual's license should be suspended based on the reasons specified in section 221.070; and

  (2)  If the office of state courts administrator determines, after completion of all due process procedures available to an individual, that an individual's license should be suspended, the office of state courts administrator shall notify the department of conservation.  The department shall promulgate a rule consistent with a cooperative agreement between the office of state courts administrator and the department of conservation providing that the conservation commission shall refuse to issue or suspend a hunting or fishing license for any person based on the reasons specified in section 221.070.  Such suspension shall remain in effect until the department is notified by the office of state courts administrator that such suspension should be stayed or terminated because the individual is now in compliance with delinquent payments of money to the county jail.

  3.  Before the office of state courts administrator has reported the name of any debtor pursuant to this section, the state courts administrator shall notify the debtor by mail that his or her name will be forwarded to the department of conservation.  The notice shall contain the following information:

  (1)  The name of the debtor;

  (2)  The manner in which the debt arose;

  (3)  The amount of the claimed debt;

  (4)  The provisions of this section regarding the issuance and suspension of a license to hunt or fish; and

  (5)  The right of the debtor to apply in writing to the court in which the debt originated for review because the debt was previously satisfied.

  4.  Any debtor applying to the court for review shall file a written application within thirty days of the date of mailing of the notice and send a copy of the application to the office of state courts administrator.  The application for review shall contain the name of the debtor, the case name and number from which the debt arose, and the grounds for review.  The court may upon application, or on its own motion, hold a hearing on the application.  The hearing shall be ancillary to the original action with the only matters for determination to be whether the debt was unsatisfied at the time the court reported the delinquency to the office of state courts administrator and that the debt remains unsatisfied.

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(L. 2013 S.B. 42)

*"Subsection 6" does not exist.


---- end of effective   28 Aug 2013 ----

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