ENFORCEMENT OF SUPPORT OBLIGATION

CS 845P Driver License Suspension – Overview

New 06/30/08 Training Completed 06/27/08

U. C. A. 53-3-102, 53-3-221, 53-3-221.5, 62A-11-601, 62A-11-602, 63G-4-101 et seq.; R527-260 

 

Part 6 of Title 62A Utah Code Annotated known as the Administrative Driver License Suspension, Child Support Act amends the Utah Human Services Code to establish a procedure for the Office of Recovery Services to order an administrative suspension of an individual’s driver license when the person is in arrears on a child support obligation.  The statute is effective July 1, 2008.  Highlights of the statute are:

 

1.                  defines terms - U. C. A. 62A-11-602.  For more information, refer to the law or subsection 845.3 Definitions below;

 

2.                  establishes a procedure for the Office of Recovery Services/ Child Support Services (ORS/CSS) to order, and the Driver License Division,  to recognize and impose, a suspension of a person’s driving privileges when the person is at least 60 days in arrears on a child support obligation – U. C. A. 62A-11-603.  For more information, refer to the law and other sections of the driver license policy;

 

3.                  describes the circumstances under which an order to suspend a person's driving privileges may not be made, or under which an order to suspend a person's driving privileges will be rescinded – U. C. A. 62A-11-603 states, “(6) The office may not order the suspension of a person's driver license if the person:
(a) pays the full amount that the person is in arrears on the person's child support obligation;
(b) subject to Subsection (8):
(i) enters into a payment agreement with the office for the payment of the person's current child support obligation and all arrears; and
(ii) complies with the agreement described in Subsection (6)(b)(i) for any initial compliance period required by the agreement;
(c) obtains a judicial order staying enforcement of the person's child support obligation or the amount in arrears; or
(d) is not currently delinquent on a child support obligation.
 (7) The office shall rescind an order made by the office to suspend a driver license if the person:
 (a) pays the full amount that the person is in arrears on the person's child support obligation;
(b) subject to Subsection (8):
 (i) enters into a payment agreement with the office for the payment of the person's current child support obligation and all arrears; and
(ii) complies with the agreement described in Subsection (7)(b)(i) for any initial compliance period required by the agreement;
(c) obtains a judicial order staying enforcement of the person's child support obligation or the amount in arrears; or
(d) is not currently delinquent on a child support obligation.”; 

 

4.                  provides that, if the office seeks a driver license suspension of a person who is not delinquent, the office shall refund any non-custodial parent (NCP) income withholding fee that was collected during the alleged delinquency, unless the person is otherwise in arrears on a child support obligation – U. C. A. 62A-11-603 (9)(a), “If, after the office seeks to suspend a person's driver license under this section, it is determined that the person is not delinquent, the office shall refund to the person any noncustodial parent income withholding fee that was collected from the person during the erroneously alleged delinquency.”;

 

5.                  grants rulemaking authority to the Office of Recovery Services       U. C. A. 62A-11-603 (11), “The office may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) implement the provisions of this part; and
(b) determine when the arrears described in Subsections (6) and (7) are considered paid.”; and

 

6.                  requires that CSS provide notice of an order, or the rescinding of an order, suspending a person's driving privileges, to the person to whom the suspension applies and to the Driver License Division:

a.                   U. C. A. 62A-11-603(2), “Before ordering a suspension of a person's driver license, the office shall serve the  person with a "notice of intent to suspend driver license.”; and,

b.                  U. C. A. 62A-11-603 (10) "(c) If the office determines, under Subsection (10)(b), that an order to suspend a person's license should be rescinded, the office shall immediately rescind the order.
(d) If the office determines, under Subsection (10)(b), that an order to suspend a person's license should not be rescinded:
(i) the office shall, as part of the response described in Subsection (10)(b), notify the person, in writing, of the reasons for that determination; and

           (ii) the person described in this Subsection (10)(d) may, within 15

            days after the day on which the office sends the response described

            in Subsection (10)(b), appeal the determination of the office to

            district court.

 

The Public Safety code (U.C.A 53-3-221 and 221.5 have been updated to provide further requirements and procedures between ORS/CSS and the Driver License Division, as well and notification requirements to the NCP.

 

7.                  requires that the Driver License Division, upon application, issue a temporary limited driver license to a person whose driver license is suspended if the person needs a driver license for employment, education, or child visitation - U. C. A. 53-3-221 (6)(d) (i), “If the division suspends a person's license under this Subsection (6), the division shall, upon application, issue a temporary limited driver license to the person if that person needs a driver license for employment, education, or child visitation.”;

8.                  provides that a suspension will remain in effect until the Office of Recovery Services rescinds the order of suspension - U. C. A. 53-3-221 (6)(b), “A suspension under Subsection (6)(a) shall remain in effect until the division receives notice from the Office of Recovery Services that the Office of Recovery Services has rescinded the order of suspension.”;

9.                  provides that the suspension of a person's driving privileges will not be included in the person's driving record after the order of suspension is rescinded – U. C. A. 53-3-221 (6)(c), “After an order of suspension is rescinded under Subsection (6)(b), a report authorized by Section 53-3-104 may not contain any evidence of the suspension.”;

 

10.              requires the Driver License Division to disclose to the Office of Recovery Services the name and identifying information of each person to whom a license has been issued or whose driving privileges have been suspended, revoked, or reinstated - U. C. A. 53-3-221.5 (1), The division shall disclose to the Office of Recovery Services the name, address, and other identifying information of each person:
(a) to whom a license has been issued; or
(b) whose driving privileges have been suspended, revoked, or reinstated.”; and

11.              provides that the information received by the Office of Recovery Services under the preceding paragraph is subject to the Government Records Access and Management Act (GRAMA) - U. C. A. 53-3-221.5 (2), “All information received by the Office of Recovery Services under this section is subject to Title 63G, Chapter 2, Government Records Access and Management Act.

 

1.                  Child support:  as defined by U. C. A. 62A-11-602 - is as defined in Section 62A-11-401, “(3) "Child support" means a base child support award as defined in Section 78B-12-102, or a financial award for uninsured monthly medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, all arrearages which accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. Child support includes obligations ordered by a tribunal for the support of a spouse or former spouse with whom the child resides if the spousal support is collected with the child support.”.

 

2.                  Delinquent on a child support obligation:  as defined by                      U. C. A. 62A-11-602:

a.                   “means that a person:

i.                     made no payment for 60 days on a current child support obligation as set forth in an administrative or court order;

ii.                   after the 60-day period described in Subsection (2)(a)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the order; and

iii.                  has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears; or

b.                  i.          made no payment for 60 days on an arrearage obligation of child support as set forth in:

A.                 payment schedule;

B.                 a written agreement with the office; or

C.                 an administrative or judicial order;

ii.                   after the 60-day period described in Subsection (2)(b)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the payment schedule, agreement, or order; and

iii.                  has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears.”

 

3.                  Division:  as defined by U. C. A. 53-3-102 – “means the Driver License Division of the department created in 214 Section 53-3-103.” 

 

4.                  Driver: as defined by U. C. A. 53-3-102:

a.                   “any person who drives, or is in actual physical control of a motor vehicle in any location open to the general public for purposes of vehicular traffic.

b.                  In Part 4, Uniform Commercial Driver License Act, "driver" includes any person who is required to hold a CDL under Part 4 or federal law.”

 

5.                  Driver license:  as defined by U. C. A. 62A-11-602 - a license, as defined in Section 53-3-102.

 

6.                  Driver License Division:  as defined by U. C. A. 62A-11-602 –“ the Driver License Division of the Department of Public Safety created in Section 53-3-103.”

 

7.                  License:  as defined by U. C. A. 53-3-102 – “the privilege to drive a motor vehicle.”

 

8.                  License certificate:  as defined by U. C. A. 53-3-102 –“ the evidence of the privilege issued under this chapter to drive a motor vehicle.”

 

9.                  Office:  as defined by U. C. A. 62A-11-602 – “the Office of Recovery Services created in Section 62A-11-102.”

 

10.              Office of Recovery Services:  as defined by U. C. A. 53-3-102 – “the Office of Recovery Services, created in Section 62A-11-102.”

 

11.              Suspension:  as defined by U. C. A. 53-3-102 – “the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle.”

 

12.              Supervisory Review Panel:  as defined by R527-260-6 – “(1) the ORS/CSS Supervisory Review Panel consists of the ORS Director, the CSS Director and other members as designated by the ORS and CSS Director.  (2)  The panel is responsible to review the case and determine if it is appropriate to proceed with suspension of the obligor’s driver’s license. . . .”