Chapter 323 Oregon Laws 2001
AN ACT
SB 340
Relating to license
suspension based on child support; amending ORS 25.750, 25.759, 25.762, 25.765,
25.774, 25.777 and 25.780.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 25.750 is amended to read:
25.750. (1) All licenses, certificates, permits or
registrations that a person is required by state law to possess in order to
engage in an occupation or profession or to use a particular occupational or
professional title, all annual licenses issued to individuals by the Oregon
Liquor Control Commission, all driver licenses or permits issued by the
Department of Transportation and all recreational hunting and fishing licenses
are subject to suspension by the respective issuing entities upon certification
to the issuing entity by the [Division of
Child Support of the Department of Justice or the district attorney] administrator that a child support case
record is being maintained by the Department of Justice, that the case is being
enforced by the [Division of Child
Support or the district attorney] administrator
under the provisions of ORS 25.080 and that one or both of the following
conditions apply:
(a) That the party holding the license, certificate, permit
or registration is under order or judgment to pay monthly child support and is
in arrears, with respect to any such judgment or order requiring the payment of
child support, in an amount equal to three months of support or $2,500,
whichever occurs later, and:
(A) Has not entered into [a payment] an agreement
with the [Division of Child Support or
the district attorney] administrator
with respect to [those arrears and
the continuing] the child
support obligation; or
(B) Is not in compliance with [a payment] an agreement
entered into with the [Division of Child
Support or the district attorney] administrator;
or
(b) That the party holding the license, certificate, permit
or registration has failed, after receiving appropriate notice, to comply with
a subpoena or other procedural order relating to a paternity or child support
proceeding and:
(A) Has not entered into an agreement with the [Division of Child Support or the district
attorney] administrator with
respect to compliance; or
(B) Is not in compliance with such an agreement.
(2) The Department of Human Services by rule shall specify
the conditions and terms of [payment
agreement or other] agreements, compliance with which precludes the
suspension of the license, certificate, permit or registration.
SECTION 2.
ORS 25.759 is amended to read:
25.759. Upon identification of a person subject to
suspension under ORS 25.750 to 25.783, the [Department
of Justice] administrator may
issue a notice, sent by regular mail to both the address of record as shown in
the records of the issuing entity and the address of record as shown on the [Department of Justice] administrator’s child support file.
Such notice shall contain the following information:
(1) That certain licenses, certificates, permits and
registrations, which shall be specified in the notice, are subject to
suspension as provided for by ORS 25.750 to 25.783.
(2) The name, Social Security number, if available, date of
birth, if known, and child support case number or numbers of the person subject
to the action.
(3) The amount of arrears and the amount of the monthly
child support obligation, if any,
or, if suspension is based on ORS 25.750 (1)(b), a description of the subpoena
or other procedural order with which the person subject to the action has
failed to comply.
(4) The procedures available for contesting the suspension
of a license, certificate, permit or registration.
(5) That the only bases for contesting the suspension are:
(a) That the arrears are not greater than three months of
support or $2,500[, or];
(b) That there is a mistake in
the identity of the obligor;
[(b)] (c) That the person subject to the
suspension has complied with the subpoena or other procedural order identified
in subsection (3) of this section; or
[(c)] (d) That the person subject to the
suspension is in compliance with a previous agreement [or compliance agreement] as provided for by ORS 25.750 to 25.783.
(6) That the obligor may enter into [a payment agreement or other] an
agreement, prescribed by rule by the Department of Human Services, compliance
with which shall preclude the suspension under ORS 25.750 to 25.783.
(7) That the obligor has 30 days from the date of the
notice to contact the [Division of Child
Support or the district attorney]
administrator in order to:
(a) Contest the action in writing on a form prescribed by
the [Division of Child Support] administrator;
(b) Comply with the subpoena or procedural order identified
in subsection (3) of this section; or
(c) Enter into [a
payment] an agreement authorized
by ORS 25.750 and 25.762. The notice shall state that any agreement must be in
writing and must be entered into within 30 days of making contact with the [Division of Child Support or the district
attorney] administrator.
(8) That failure to contact the [Division of Child Support or the district attorney] administrator within 30 days of the
date of the notice shall result in notification to the issuing entity to
suspend the license, certificate, permit or registration.
SECTION 3.
ORS 25.762 is amended to read:
25.762. (1) If the [Division
of Child Support or the district attorney] administrator is contacted within 30 days of the date of the
notice specified in ORS 25.759, the [Division
of Child Support or the district attorney] administrator and the obligor may enter into [the payment agreement or other compliance] an agreement as provided for by rule of the Department of Human
Services. If no contest is filed or if no agreement is entered into within the
time prescribed by ORS 25.750 to 25.783, or if the obligor fails to comply with
the terms of an agreement previously entered into, the [Division of Child Support or the district attorney] administrator shall advise the issuing
entity to suspend the license, certificate, permit or registration forthwith.
(2) After receipt of notice to suspend from the [Division of Child Support or the district
attorney] administrator, no
further administrative review or contested case proceeding within or by the
issuing entity is required.
SECTION 4.
ORS 25.765 is amended to read:
25.765. (1) If the obligor makes the contact within 30 days
of the date of the notice as provided for in ORS 25.759, the [Division of Child Support or the district
attorney] administrator shall
provide the obligor with the opportunity to contest the suspension on the bases
set forth in ORS 25.759 (5). The [Division
of Child Support or the district attorney] administrator shall determine whether suspension should occur. If
the [Division of Child Support or the
district attorney] administrator
determines that suspension should occur, the [Division of Child Support or the district attorney] administrator shall make a written
determination of such finding.
(2) The obligor may appeal the determination described in
subsection (1) of this section. Any hearing on such appeal shall be conducted
by a hearing officer assigned from the Hearing Officer Panel established under
section 3, chapter 849, Oregon Laws 1999. ORS 183.310 to 183.550 shall apply
and such appeal of the [Division of Child
Support’s or district attorney’s] administrator’s
determination shall be de novo to the hearing officer. Any suspension is stayed
pending the decision of the hearing officer. Any order of the hearing officer
that supports a suspension shall result in the notification to the issuing
entity by the [Division of Child Support
or the district attorney] administrator
to suspend the license forthwith.
(3) After receipt of notice to suspend from the [Division of Child Support or the district
attorney] administrator, no
further administrative review or contested case proceeding within or by the
issuing entity is required.
SECTION 5.
ORS 25.765, as amended by section 44, chapter 849, Oregon Laws 1999, is amended
to read:
25.765. (1) If the obligor makes the contact within 30 days
of the date of the notice as provided for in ORS 25.759, the [Division of Child Support or the district
attorney] administrator shall
provide the obligor with the opportunity to contest the suspension on the bases
set forth in ORS 25.759 (5). The [Division
of Child Support or the district attorney] administrator shall determine whether suspension should occur. If
the [Division of Child Support or the
district attorney] administrator
determines that suspension should occur, the [Division of Child Support or the district attorney] administrator shall make a written
determination of such finding.
(2) The obligor may appeal the determination described in
subsection (1) of this section. Any hearing on such appeal shall be conducted
by a hearing officer appointed by the Employment Department. ORS 183.310 to
183.550 shall apply and such appeal of the [Division
of Child Support’s or district attorney’s] administrator’s determination shall be de novo to the hearing
officer. Any suspension is stayed pending the decision of the hearing officer.
Any order of the hearing officer that supports a suspension shall result in the
notification to the issuing entity by the [Division
of Child Support or the district attorney] administrator to suspend the license forthwith.
(3) After receipt of notice to suspend from the [Division of Child Support or the district
attorney] administrator, no
further administrative review or contested case proceeding within or by the
issuing entity is required.
SECTION 6.
ORS 25.774 is amended to read:
25.774. When, at any time after suspension under ORS 25.750
to 25.783, the conditions resulting in the suspension no longer exist, the [Division of Child Support or the district
attorney] administrator shall so
notify the issuing entity and shall confirm that the license, certificate,
permit or registration may be reinstated contingent upon the requirements of
the issuing entity. Until the issuing entity receives notice under this
section, the issuing entity may not reinstate, reissue, renew or otherwise make
the license, certificate, permit or registration available to the holder of the
suspended license, certificate, permit or registration.
SECTION 7.
ORS 25.777 is amended to read:
25.777. The Department of [Human Services] Justice
shall enter into agreements to reimburse issuing entities for their costs of
compliance with ORS 25.750 to 25.783 to the extent that those costs are
eligible for Federal Financial Participation under Title IV-D of the Social
Security Act.
SECTION 8.
ORS 25.780 is amended to read:
25.780. In addition to any other grounds for suspension
provided by law:
(1) The Oregon Liquor Control Commission and any entity
that issues licenses, certificates, permits or registrations that a person is
required by state law to possess to engage in an occupation, profession or
recreational hunting or fishing or to use a particular occupational or
professional title shall suspend without further hearing the licenses,
certificates, permits or registrations of a person upon certification by the
administrator [of the Division of Child
Support or the district attorney] that the person is subject to an order
suspending the license, certificate, permit or registration. The certification
must include the information specified in ORS 25.750 (1).
(2) The Department of Transportation shall suspend without
further hearing the driver license or driver permit of a person upon
certification by the administrator [of
the Division of Child Support or the district attorney] that the person is
subject to an order suspending the license or permit. The certification must
include the information specified in ORS 25.750 (1).
Approved by the Governor
June 5, 2001
Filed in the office of
Secretary of State June 5, 2001
Effective date January 1,
2002
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