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Library: Policy

340:25-5-211.1. License revocation and reinstatement for failure to comply with child support order

Revised 9-15-17

(a) Legal basis.Oklahoma Department of Human Services Child Support Services (CSS) follows SectionsSections 139 and 139.1 of Title 43 of the Oklahoma Statutes (43 O.S. §§ 139 and 139.1), 47 O.S. §§ 1-153, 6-201, 6-201.1, and 6-211, and 56 O.S. §§ 237.1, 240.15 through 240.17, and 240.19 through 240.21Ain processing enforcement actions to order the revocation, suspension, non-issuance, nonrenewal, or probation of a license for a noncustodial parent (NCP) who is not in compliance with an order for child support.  1

(b) License Reinstatement Process.

(1) Request for license reinstatement; desk review.When CSS receives a written request to reinstate a license, CSS conducts a desk review of the case file within 15-calendar days after receipt of a written request for reinstatement. • 2

(2) Compliance with payment plan.When CSS determines an NCP is complying with a court-ordered payment plan and other terms of a support order, and the reinstatement provisions of 43 O.S. § 139.1 or 56 O.S. § 240.17, CSS requests a reinstatement of the license from the tribunal that revoked the license.

(3) Alternative compliance.CSS may request a reinstatement of the license when:

(A) the NCP is actively participating in the CSS problem-solving court program per Oklahoma Administrative Code 340:25-5-200.3 and 43 O.S. § 140 or complying with a seek work order per 56 O.S. § 240.10; and

(B) a CSS state's attorney determines reinstating the NCP's license will increase the NCP's likelihood to pay support. • 3 & 4

(4) Noncompliance with payment plan.

(A) When CSS determines an NCP is not complying with a court-ordered payment plan, other terms of a support order, or the reinstatement provisions per 43 O.S. § 139.1, CSS sends a notice to the NCP that the request for reinstatement of a license is denied.The notice advises the NCP that he or she has 15-calendar days to request a reinstatement hearing in writing.Upon timely receipt of a written request for a hearing, CSS schedules the matter for a hearing before the tribunal that ordered the license revocation.

(B) CSS provides notice of the hearing to the custodial person per 12 O.S. § 2005 or 43 O.S. § 112A.

(C) When a license was reinstated per (b) of this Section and the NCP subsequently is in noncompliance with a payment plan, CSS requests the court immediately revoke the NCP's license(s).

INSTRUCTIONS TO STAFF 340:25-5-211.1

Revised 9-15-17

 

1.When an obligor's licenses are placed on probation and a payment plan is set by the court, Oklahoma Department of Human Services Child Support Services (CSS) may request the court amend the payment plan upon a change of circumstances.

2.When CSS staff receives a request for a provisional driver license per Section 6-212 of Title 47 of the Oklahoma Statutes (47 O.S. § 6-212) and Oklahoma Administrative Code 595:10-15-3, CSS staff informs the obligor, he or she must first meet the reinstatement requirements per 43 O.S. § 139.1 and 56 O.S. § 240.17.When the obligor meets the reinstatement requirements, CSS provides documentation of compliance.

3.When lack of a driver license is an obstacle to the noncustodial parent (NCP) obtaining or keeping employment, CSS staff facilitates obtaining a reinstatement order through the Office of Administrative Hearings: Child Support.CSS staff facilitates the reinstatement order even when the NCP has not complied with the reinstatement provisions of 43 O.S. § 139.1 or 56 O.S. § 240.17, when:

(1) the NCP is actively participating in the problem-solving court program and the assigned case worker verifies the NCP is complying with all court requirements; or

(2) reinstating the license(s) increases the likelihood of the NCP paying consistent, reliable support.

4.When the NCP has cases in multiple offices, CSS staff coordinates license reinstatement with offices where the licenses were suspended or revoked.

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