5101:12-55-25 License suspension.

(A) This rule describes when a child support enforcement agency (CSEA) may, as an enforcement technique, submit an obligor to a licensing entity to suspend, refuse, or deny to renew a license.

(B) The following definitions apply to this rule:

(1) A “license” means:

(a) A license, certificate, permit, registration, or other authorization to engage in an occupation or profession that is issued by a board or entity that has the authority pursuant to Title XLVII (47) of the Revised Code;

(b) A driver’s or commercial driver’s license, motorcycle operator’s license or endorsement, temporary instruction permit, or commercial driver’s temporary instruction permit issued by the registrar of motor vehicles or a deputy registrar; or

(c) A recreational license issued by the department of natural resources (DNR) that includes any license, permit, or stamp issued pursuant to section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the Revised Code.

(2) A “licensing entity” means any entity that has authority to issue a license to an individual and includes any of the following:

(a) Any board or entity that has the authority pursuant to Title XLVII (47) of the Revised Code to issue a license and any other agency of this state, other than the supreme court, that has the authority to issue a license that authorizes an individual to engage in an occupation or profession. This includes an administrative officer that has authority to issue a license that authorizes an individual to engage in an occupation or profession.

(b) The bureau of motor vehicles (BMV) or the registrar or deputy registrar of motor vehicles.

(1) The license is described in paragraphs (B)(1)(a) and (B)(1)(b) of this rule and either of the following occurs:

(a) A court or CSEA has made a final and enforceable determination that the obligor is in default under the child support order and a JFS 04049, “Notice of Default and Potential Action”

(rev. 05/2005), has been issued to the obligor; or

(b) The obligor fails, after receiving appropriate notice, to comply with a subpoena or warrant issued by the court or CSEA with respect to a proceeding to enforce the child support order.

(2) The license is described in paragraph (B)(1)(c) of this rule and a court or CSEA makes a final and enforceable determination that the obligor is in default under the child support order and a JFS 04049 has been issued to the obligor.

The CSEA shall not submit an obligor to the division of wildlife to suspend, refuse, or deny to renew a recreational license until:

(a) The division of wildlife has implemented a computer system that maintains license numbers for licenses issued by the division, the names of persons to whom licenses are issued, and the social security numbers of persons to whom licenses are issued; and

(b) The division of wildlife has established safeguards that eliminate the risk that social security numbers provided to the division for the purpose of child support enforcement may be used for purposes other than those permitted by federal law.

(D) When the CSEA elects to submit an obligor to a licensing entity to suspend, refuse, or deny to renew a license and the obligor holds, has applied for, or is likely to apply for a license, the CSEA shall, at least ten days before submitting the obligor to a licensing entity to suspend a license, send to the obligor’s last known address by ordinary, first class mail one of the following:

(1) A JFS 07229, “Proposed Action to Suspend Driver’s License” (11/2005), when the license is a driver’s license;

(2) A JFS 07232, “Proposed Action to Suspend Professional or Recreational License”

(11/2005), when the license is an occupational, professional, or recreational license; or

(3) A notice created by the CSEA that includes the following:

(a) A court or CSEA has determined the obligor to be in default under a child support order or that the obligor has failed to comply with a subpoena or warrant issued by a court or CSEA with respect to a proceeding to enforce a child support order;

(b) A notice containing the obligor’s name and social security number or other identification number may be sent to every licensing entity that has authority to issue or has issued the individual a license; and

(c) A notice that, when the licensing entity receives such a notice and determines that the obligor is the individual named in that notice and the licensing entity has not received notice indicating that the obligor is no longer in default, all of the following will occur:

(i) The licensing entity will not issue any license to or renew any license of the obligor;

(ii) The licensing entity will suspend any license of the obligor;

(iii) If the license being suspended is a driver’s or commercial driver’s license, motorcycle operator’s license or endorsement, or temporary instruction permit, or commercial driver’s temporary instruction permit, the licensing entity will impose a class F suspension under division (B)(6) of section 4510.02 of the Revised Code; and

(iv) The licensing entity will not issue any license to the obligor and will not reinstate a suspended license until it receives notification pursuant to sections 3123.45, 3123.46, and 3123.57 of the Revised Code.

The CSEA may include in the notice additional actions that the obligor must take to avoid license suspension and any time frames by which the actions must be taken.

(E) License suspension procedures.

When the CSEA elects to submit an obligor to a licensing entity to suspend a specific license, the CSEA shall send an electronic notice through the support enforcement tracking system (SETS) or, when an electronic notice is not available, a JFS 04041, “Notice to Suspend Professional, Motor Vehicle Operator and Recreational License” (rev. 01/2005), to the licensing entity that has authority to issue or has issued the obligor that specific license.

(F) License reinstatement.

(1) A CSEA shall send an electronic notice through SETS or, when an electronic notice is not available, a JFS 04042, “Notice to Reinstate/Reissue a License” (rev. 06/2008), to the licensing entity to which it sent a JFS 04041, within seven days of determining that the obligor is not in default or any of the following occurs:

(a) The obligor makes full payment of the arrears that was the basis for the court or CSEA determination of default to the office of child support (OCS) or to the CSEA;

(b) An appropriate withholding or deduction notice or other appropriate order described in section 3121.03, 3121.04, 3121.05, 3121.06, or 3121.12 of the Revised Code has been issued to collect current support and any arrears due under the child support order that was in default and that the obligor is complying with the notice or order;

(c) A new child support order has been issued or the child support order that was in default has been modified to collect current support and any arrears due under the child support order that was in default and the obligor is complying with the new or modified child support order; or

(d) The court or CSEA that issued a warrant or subpoena removes the warrant or determines that the obligor has complied with the subpoena in accordance with section 3123.46 of the Revised Code.

(2) When the CSEA submits an obligor in error to a licensing entity for the suspension or refusal of or denial to renew a license, the CSEA shall immediately issue an electronic notice through SETS or, when an electronic notice is not available, a JFS 04038, “Notice of Correction of License Suspension” (rev. 12/2007), to the licensing entity to which it sent the JFS 04041.

(G) The CSEA shall describe the procedures used to submit an obligor to a licensing entity to suspend, refuse, or deny to renew a license and to reinstate a license in the CSEA’s procedural manual. When the CSEA elects to create a notice, as described in paragraph (D)(3) of this rule, the CSEA shall maintain a copy of the notice in the CSEA’s procedural manual.

Replaces: 5101:12-55-25

Effective: 06/15/2008

R.C. 119.032 review dates: 06/01/2013

Promulgated Under: 119.03

Statutory Authority: 3123.63, 3125.25

Rule Amplifies: 3123.41 to 3123.50, 3123.52 to 3123.614, 3123.62

Prior Effective Dates: 10/1/96, 1/1/98, 6/2/01, 10/14/01, 1/1/06, 5/15/08