006.25.94 Ark. Code R. 002
Investigator Responsibilities
Act 1241 of 1993 authorizes and establishes procedures for the suspension of a Commercial Driver's License if certain conditions exist on a case.
Quarterly, field staff will receive a printout by social security number of Commercial Driver's License holders for which IV-D has an active case. The IV-D office will review the case for the following conditions:
Condition 1. NCP is delinquent on a court-ordered child support payment in an amount equal to six (6) months obligation or more, or the NCP has an adjudicated arrearage in an amount equal to a six (6) months obligation or more; or
Condition 2. NCP is the subject of an outstanding failure to appear, a body attachment, or bench warrant related to a child support proceeding.
Note: If the NCP has filed Bankruptcy, no action to suspend or revoke the Commercial Driver's License may be taken unless an Order granting relief from the Automatic Stay has been obtained from Bankruptcy Court.
Exceptions:
If either Condition 1 or Condition 2 noted above exists and none of the Exceptions apply, an Intent to Suspend Commercial Driver's License Notice (OCSE-1694, the "90 day Notice") will be mailed to the NCP by the responsible field office. Notices should be sent certified mail to the address provided on the printout as reflected on the Commercial Driver's License or to the address provided to the court by the NCP, unless a verified address has been obtained. In the event the Notice by certified mail is rejected or unclaimed, the Notice shall be considered sufficient if sent by regular first class mail. The Notice will inform the NCP that the Commercial Driver's License will be suspended in 90 days and will provide an opportunity to request an Administrative Hearing.
Following issuance of the 90-day notice (OCSE-1694), a NCP may avoid CDL suspension by contacting the local IV-D office and entering into an Agreed Order or an agreement with OCSE as described in Exception 4 of Section 4805. Agreed Orders and agreements made after issuance of a 90-day notice must include a condition which requires that some payment be made by the NCP before expiration of the 90-day time frame following issuance of the OCSE-1694. In the event the NCP contests the accuracy of the arrearage information or the duration of the delinquency, an appointment must be scheduled with the local IV-D office to resolve the issue. The local IV-D office must attempt to resolve the complaint. Issues that can not be resolved by the local IV-D office should be forwarded to Central Office for an Administrative Hearing if the NCP requests.
LEGAL ISSUES
An Administrative Hearing can not clear an outstanding failure to appear, body attachment, or bench warrant. These issues must be dealt with by the court. The NCP should be advised that legal action would be required for a determination on any of these issues. So long as the outstanding failure to appear, body attachment, or bench warrant remains, adverse action to suspend the Commercial Driver's License must proceed under this policy.
HEARING NOTICE AND PACKET
Referrals for Administrative Hearings must contain the following:
* Noncustodial Party's request for a hearing
* Hearing statement completed by local office
* Copies of all child support orders
* Arrears summary
* Copies of any relevant correspondence between the NCP (or representative) and the Office of Child Support Enforcement.
The packet should be routed to the Central Office, Attention: Appeals and Hearings. The Appeals and Hearings Section will notify the NCP of the date, time and location of the hearing. Also, the hearing scheduling notice shall recite that the NCP's failure to appear for the scheduled hearing will be considered a choice to waive the administrative hearing.
SUSPENSION HEARING
Administrative Hearings on the suspension of Commercial Drivers Licenses will be conducted in accordance with Section 7000, Rules of Order for Administrative Hearings, and are limited to a determination whether either of the two (2) Conditions under Section 4805 are present and whether any of the four (4) exceptions are satisfied.
JUDICIAL
REVIEW
NCP's not satisfied with the decision have the right to judicial review under the Administrative Procedure Act. Within thirty (30) days from the date the NCP receives the Administrative Hearing decision, the NCP must file a petition in the Circuit Court of the county of the NCP's residence or in the Circuit Court of Pulaski County. A certified copy of the complete Administrative Hearing record and transcript will be submitted to the Court by OCSE within 3 0 days from the date of service on the agency. Judicial reviews are conducted by the Court without a jury.
Central Office staff will have access to Driver Control files and will be responsible for keying any suspensions or reinstatements. All suspensions and reinstatements must be submitted in writing to Central Office, Attention: Appeals and Hearings Section. To ensure that the NCP is allowed 90 days from the receipt by mail of the Notice of Intent to Suspend Commercial Driver's License (OCSE-1694), a copy of this Notice must be retained in the case file with the signed certified mail receipt attached, whenever available. NCP's who pay their arrearage below an amount equal to six (6) months obligation must have their Commercial Driver's License reinstated. It is imperative that the license is reinstated by Central Office immediately. If the license has expired, do not return the license to the NCP. In this event the NCP should be advised to contact their local Revenue Office to obtain a new license.
In some instances, NCP's may initiate action on their own accord resulting in a court order eliminating the presence of Condition 1 or 2 listed above. If the NCP takes such action eliminating the threshold condition for Commercial Driver's License suspension prior to the effective date of the intended suspension, the responsible field office must immediately notify the Appeals and Hearings Office to take action to set aside suspension activity on the case and to notify the NCP accordingly.
BUSINESS LICENSES SUSPENSION
Arkansas Chancery Courts are authorized to revoke or suspend the occupational, professional or business license of Noncustodial Parties who are delinquent on a court ordered child support obligation in an amount equal to six (6) months obligation or more or who are the subject of an outstanding child support warrant according to Act 1240 of 1993. Retroactive support is not an automatic arrearage.
Cases that meet either of the conditions in OCSE Policy 4806 shall be routed to the responsible field legal office for contempt of court, requesting enforcement and revocation or suspension of the occupational, professional or business license. This is an additional enforcement remedy that maybe imposed at the discretion of the Court.
Upon receipt of a court-ordered suspension or revocation, the state agency, licensing board, or professional organization responsible for issuance of an occupational, professional or business license shall note the suspension or revocation on their records and take all necessary steps to implement and enforce the suspension or revocation. The suspension or revocation shall remain in full force and effect for the period of time so noted in the court order or until further order of the court.
Semiannually, the Clerk of the Arkansas Supreme Court is requested to furnish the office of Child Support Enforcement with a list of persons that possess an Arkansas Law License. NCP's on the list that meet one of the following conditions will be referred to the Clerk of Supreme Court for review of their license:
006.25.94 Ark. Code R. 002