Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-5-15 - Suspending or Restricting a Licensee for Failure to Maintain Court Ordered Child Support Payments15.1. Statutory Provisions. -- In accordance with the provisions of W. Va. Code § 48-15-101 et seq. and § 17B-3-6(a), the Division is required to suspend or restrict the driving privileges of any person upon notification from a Circuit Court of this state that the person has failed to pay overdue child support or comply with subpoenas or warrants relating to paternity or child support proceedings. The provisions of W. Va. Code § 48-15-101 et seq. prohibit the Division from issuing or renewing a driver's license to any person who fails to certify that he or she does not have a child support obligation or that he or she is not more than six months in arrearage and is not the subject of a child support related subpoena or warrant. This rule is implemented to conform to the mandates of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and in accordance with Dababhah v. West Virginia Board of Medicine, 207 W. Va. 621, 535 S.E. 2d 20 (2000).15.2. Types of Action against License. -- The Division, in accordance with the provisions of W. Va. Code § 48-15-101 et seq., shall take the following action against an applicant or licensee: 15.2.a. Nonrenewal or Suspension. -- In accordance with the provisions of W. Va. Code § 17B-3-6(a)(10), the Division shall suspend or refuse to renew the driver's license of a licensee upon receipt of:15.2.a.1. A Court order suspending the license; or15.2.a.2. Certification from the Child Support Enforcement Division that the licensee has failed to comply with a new or modified Court order that stayed a previous suspension.15.2.b. Restriction. -- In accordance with the provisions of W. Va. Code § 48-15-101 et seq. and § 17B-2-10(b), the Division shall, upon receipt of the Court's order restricting the licensee, restrict the licensee to the operation of a motor vehicle for transportation to and from work, work related driving, or to and from a court approved education or training program subject to the following; 15.2.b.1. Within ten (10) days of the effective date of the Division's order of restricted driving privileges, the licensee shall surrender his or her current license to the Division for issuance of a specially marked restricted license. For the purposes of this rule, the Division shall issue the restricted license as a duplicate license under the provisions of W. Va. Code § 17B-2-11. The provisions of W. Va. Code § 17B-3-9 not requiring surrender of license apply only when a driver's license is suspended or revoked.15.2.b.2. The Division shall suspend the driver's license of a licensee who fails to surrender the current license and pay the required duplicate license fee until proof of compliance with the child support order is received and the licensee pays the reinstatement fees as provided in Subsection 15.7 of this rule.15.2.b.3. The Division shall immediately suspend the driver's license of any licensee who violates the terms of the restricted license as provided in Subsection 15.6 of this rule.15.2.b.4. The Division shall reinstate the licensee's full driving privileges in accordance with Subsection 15.7 of this rule.15.3. Notification. -- The Division shall send the licensee an order of nonrenewal, suspension or restriction of driving privileges upon notice from a Circuit Court ordering suspension or restriction of driving privileges. The Division shall send the order to the licensee's address of record by certified or registered mail, return receipt requested.15.4. Term of Denial, Nonrenewal, Suspension or Restriction. -- In accordance with the provisions of W. Va. Code § 48-15-302, the license action ordered by the Court continues until the Child Support Enforcement Division provides the Division with either a Court order withdrawing the license action or certification that the licensee is in compliance with the court order for the payment of current child support and arrearage.15.5. Administrative Appeal. -- A licensee who believes that the license suspension order has been directed to the licensee in error may request a hearing. In accordance with the provisions of W. Va. Code § 48-15-301(e), the Division does not have jurisdiction to modify, remand, reverse or stay a court order to take action against a license. Therefore, the scope of any administrative appeal is limited to the sole purpose for the licensee to present evidence that he or she is not the person named in the Court Order.15.6. Driving While Suspended or in Violation of Restriction. 15.6.a. The provisions of W. Va. Code § 17B-4-3 apply to a licensee convicted of driving while his or her license has been suspended for nonpayment of child support. The conviction, if it is the second conviction for driving while suspended or revoked, shall automatically extend the period of suspension for an additional ninety (90) days.15.6.b. The Division shall suspend the license of any person who violates the terms of the restricted license. The license suspension continues in effect until the Child Support Enforcement Division provides the Division with either a Court order withdrawing the license action or certification that the licensee is in compliance with the court order for the payment of current child support and arrearage and the payment of all fees. 15.6.b.1. The Division shall automatically suspend the license of a licensee who is convicted of violating the terms of a restricted driver's license until the licensee meets the terms of reinstatement. The administrative appeal provisions of Subsection 15.5 of this rule apply.15.6.b.2. The Division shall automatically suspend the license when the Division receives notice from any law enforcement officer that a licensee has violated the terms of a restricted license until the licensee meets the terms of reinstatement. The administrative appeal provisions of Subsection 15.5 of this rule shall govern any request for hearing.15.7. Reinstatement of License. -- In accordance with the provisions of W. Va. Code § 48-15-302, the suspension or restriction of a license continues until the Court or the Child Support Enforcement Division files with the Division either a court order restoring the license or a Child Support Enforcement Division certification attesting to compliance with court orders for the payment of current child support and arrearage. Proof of compliance shall not mean Court documents which do not contain the signature of the Circuit Court judge or family law master, unsigned notice from the Child Support Division, copies of certified checks, personal checks, money orders or personal representation. A person whose license was suspended shall prior to reinstatement pay all fees assessed as a result of the suspension. A person whose license was restricted shall surrender the restricted license and pay for a duplicate license.