SECTION 380:1-9-4. Revocation of licenses for failure to pay child support

(a)   As used in these rules:

(1)   "Department" means the Department of Labor;

(2)   "License" means a license, certificate, registration, permit, approval or other similar document issued by the Department of Labor granting an individual a right or privilege to engage in amusement rides, asbestos removal, boxing, welding, operating welding test labs, private employment agencies, installation of boilers and pressure vessels;

(3)   "Obligor" means the person who is required to make child support payments and whose license is suspended, revoked or put on probation;

(4)   "Suspension, Suspending, Suspended" means to bar for a period of time from a privilege of using a license issued by the Department;

(5)   "Revocation, Revoke, Revoked" means to void, recall, or withdraw a power or authority conferred, as with a license issued by the Department;

(6)   "Probation" means a trial period in which a person is given time to try to redeem his/her bad conduct and comply with the court's order.

(b)   Upon receipt of a court order to suspend or revoke a license for failure to pay child support, in accordance with Title 43 O.S. § 139.1, the Department shall determine if a license has been issued to the obligor whose name is on the court order for support. All appropriate divisions, specifically Statistical Research Analysis and Licensing Division (SRALD) shall check the computer database and all paper files where all licensing information is held. The search shall be by both the obligor's name and social security number. If any division determines that a license of any kind has been issued to the individual whose name appears on the court order, SRALD shall notify that individual.

(c)   The Department shall notify the obligor of the suspension, revocation, or probation of the license that is on file with the Department, by certified mail, return receipt requested. If the Department can not obtain proper service by mail, then a person designated by the Department shall be sent out to the obligor's address to serve the papers personally. In addition, if the Department has a current employer address and phone number, the Department may contact the employer to inform the employer of the suspension, revocation or probation of the employee's license.

(d)   After notification from the court, the Department shall so note in the obligor's file the probation status of the obligor's license. Additionally, the Department shall be prepared to automatically suspend or revoke the obligor's license if later notified by the court or an officer thereof of the obligor's noncompliance with the court's order.

(e)   After notification from the court, the Department shall so note in the obligor's file the suspension status of the obligor's license. The Department shall then suspend such license and notify the obligor. The Department shall require the obligor to mail the license or personally appear within ten (10) days at the Department's offices and physically surrender the license. If the obligor refuses to deliver the license to the Department, the Department may designate a person to locate the obligor and retrieve the license. Once the obligor has complied with the court's order, the Department may allow the obligor to renew the license if all requirements for renewal are met. If the requirements for renewal are not met, the obligor must apply as a new applicant. The Commissioner may apply to the District Court to have a contempt citation issued if the license is not delivered to the Department in a timely manner.

(f)   If the District Court orders the revocation of the license issued by the Department, the Department shall require the obligor to either mail the license to the department or personally appear within ten (10) days from the date of notification at the Department's offices and physically surrender the license. If the obligor refuses to deliver the license to the Department, the Department may designate a person to locate the obligor and retrieve the license. The Commissioner may apply to the District Court to have a contempt citation issued if the license is not delivered to the Department in a timely manner.

(g)   Whenever the Department receives notice of a suspension, revocation or probation of an obligor's license, the Department shall notify the appropriate divisions. Each affected division shall note the suspension, revocation or probation in the obligor's files whether located in a computer database or in a written file.

(h)   The Department shall not afford the obligor any additional review or hearing. The District Court determination shall be final. Only the District Court can modify its own order. Whenever a District Court modifies its own order and notifies the Department of the modification, the Department shall so note in the records of the Department.

(i)   Any fees paid by the obligor for the license shall not be refunded in any part to the obligor. If a license has been revoked, upon reinstatement, the Department shall demand the obligor pay all applicable fees and meet all requirements as if the license had never been issued.

(j)   The Department may charge the obligor a fee of $100.00 for the administrative costs incurred for enforcing the District Court order. If an obligor's license is suspended or revoked, this fee may be added to the fees that the obligor must pay to reinstate a license or apply for a new license. Refusal to pay this fee may be cause for the Department to continue a suspension of a license or refuse to grant the obligor a new license.

(k)   The Department is exempt from any liability for enforcement of the District Court Order. The obligor must apply to the issuing District Court to obtain relief from said order.

[Source: Added at 14 Ok Reg 2967, eff 7-13-97]