La. Admin. Code tit. 67 § III-2545

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-2545 - Administrative Suspension of Licenses Issued by the State of Louisiana

A. CSE may administratively suspend licenses of child support obligors who are not in compliance with an order for support. License suspension will be considered if income assignment is not effective, or if the obligor is not making payments or is making only periodic payments. An obligor shall meet one of the following criteria to be considered for license suspension:

1. delinquent at least 90 days in the payment of support or in making periodic payments on a support arrearage pursuant to a court order or written agreement with the department;

2. has failed to provide and/or maintain health insurance ordered by a court.

B. CSE will send a notice of the intent to suspend licenses to the obligor by certified mail with return receipt requested. If anyone in the obligor's household accepts the notice, it shall be considered as successfully served on the obligor. The notice will provide information concerning the following:

1. the municipal address and telephone number of the office that issued the notice;

2. the docket number and court which issued the order of support;

3. the amount of past-due support;

4. what the obligor must do to comply;

5. a summary of the obligor's right to file a written objection to the suspension of licenses and a description of the administrative hearing process; and

6. the right of an unobligated spouse to provide CSE with a notarized affidavit in order to retain use of a shared vehicle.

C. Within 20 days of receipt of the notice, the obligor may act in the following manner to forestall license suspension. CSE shall certify the obligor's non-compliance to the appropriate licensing authorities if the obligor fails to act as detailed in this matter.

1. The obligor may enter into a written agreement to pay current and past-due support. If an obligor fails to comply with the terms of a written agreement, CSE may proceed with license suspension without further notice.

2. The obligor may file a written objection requesting an administrative hearing to determine whether the obligor is in compliance with an order of support. If the hearing authority rules that the obligor is in arrears with the support order and all legal delays have elapsed, CSE shall proceed with license suspension without further notice.

3. The obligor may provide acceptable evidence of the inability to pay.

D. Upon timely receipt of written objection, the administrative hearing authority will schedule and notify obligor of the time and place of the hearing. Such hearing may be conducted by telephone or other electronic media. A decision shall be rendered within 90 days of receipt of the written objection.

E. For a driver's or vehicular license, CSE shall be sensitive to the obligor's needs to retain the license for work purposes or to provide medical transportation to a dependent person. In some situations, CSE may suspend driving privileges for specific times of the day or for specific days of the week.

F. CSE shall issue a release certificate if an obligor becomes compliant with a support order and is eligible to have a license reissued. Such certificate will be sent to the agency or authority that suspended the obligor's license.

G. CSE may issue a certificate of partial compliance requesting that the suspension be lifted or modified if an obligor provides evidence of his ability to comply with the support order and enters into a written agreement with the department. The written agreement will serve as notice of license suspension if obligor fails to comply. Evidence of ability to comply is defined as:

1. a written statement signed by a person authorized to hire and pay wages which includes the address for the income withholding order form to be sent;

2. a copy of lease or rental agreement that indicates the obligors ability to provide a service that will result in self-employment income; or

3. any other evidence presented by an obligor that is approved by the State's IV-D Director or the IV-D Director's designee.

La. Admin. Code tit. 67, § III-2545

Promulgated by the Department of Social Services, Office of Family Support, Support Enforcement Services, LR 27:2264 (December 2001), amended by the Department of Social Services, Office of Family Support, LR 31:1103 (May 2005), amended by the Department of Children and Family Services, Child Support Enforcement Section, LR 39:1764 (July 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 9:315.40 et seq.; 42 U.S.C. 666.