SECTION 340:25-5-214. Passport denial, revocation, restriction, or limitation

(a)   Section 652 of Title 42 of the United States Code (42 U.S.C. 652) provides for the United States Secretary of State to refuse to issue a passport to a person certified as owing child support debt. It also provides for action to revoke, restrict, or limit a passport already issued. If the amount of arrears owed by a person exceeds the threshold amount for certification set by federal law or regulation, Oklahoma Department of Human Services, Child Support Services (CSS) may certify the person under 42 U.S.C. 654 and Section 240.1 of Title 56 of the Oklahoma Statutes (56 O.S. 240.1).

(b)   Before issuing a certification as described in (a) of this Section, CSS provides notice to the noncustodial parent (NCP) of CSS determination that the NCP owes child support debt, the consequences of the determination, and the opportunity to contest the determination through either:

(1)   the annual notice process as established in 56 O.S. § 237A and Oklahoma Administrative Code (OAC) 340:25-5-213; or

(2)   notice of federal offset under Section 303.72 of Title 45 of the Code of Federal Regulations and OAC 340:25-5, Part 25.

(c)   If CSS finds a request for certification was submitted in error, or in a life or death situation, CSS requests immediate release of an NCP's passport from the process described in (a) of this Section.

(d)   CSS may request release of an NCP's passport from the process described in (a) of this Section if the NCP pays the entire child support debt or:

(1)   pays the entire child support debt down to the threshold amount;

(2)   enters into a repayment agreement or order to retire the remaining child support debt in not more than 36 equal monthly payments; and

(3)   provides CSS with a verified source of future income for which an income assignment may be issued for payment of all current support and arrears.

(e)   A passport may be released from the passport referral process at the discretion of the CSS director. The district office may request a director's exception when it is determined the passport denial, revocation, restriction, or limitation negatively impacts a reliable source of child support.

(f)   After requesting release of a case from the passport referral process, CSS may at any time recertify the case as described in (a) of this Section.

[Source: Added at 17 Ok Reg 2426, eff 7-1-00; Amended at 18 Ok Reg 1226, eff 7-1-01; Amended at 19 Ok Reg 1746, eff 7-1-02; Amended at 23 Ok Reg 1842, eff 7-1-06; Amended at 24 Ok Reg 1301, eff 7-1-07; Amended at 26 Ok Reg 1245, eff 7-1-09; Amended at 36 Ok Reg 1794, eff 9-16-19]