5101:12-55-26 Suspension of license to practice law.

(A) In accordance with paragraph (B) of section 4705.021 of the Revised Code, a child support enforcement agency (CSEA) may, as an enforcement technique, refer an obligor who is licensed to practice law in the state of Ohio to the Ohio supreme court for suspension of a license to practice law.

(B) When the CSEA elects to refer an obligor for the suspension of a license to practice law, the CSEA shall send to the obligor’s last known address by ordinary, first class mail one of the following:

(1) A JFS 07230, “Proposed Action to Suspend License to Practice Law” (11/2005).

(2) A notice created by the CSEA that includes a statement that a court or CSEA has determined the obligor to be in default under a child support order. 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.

(C) When the CSEA elects to proceed with the referral for suspension, the CSEA shall send to the secretary of the board of commissioners on grievances and discipline of the supreme court and to either the disciplinary counsel or the president, secretary, and chairperson of each certified grievance committee the following:

(1) A notice listing the name and social security number or other identification number of the obligor and requesting the suspension of the obligor’s license to practice law; and

(2) A certified copy of the court or agency determination of default.

(D) License reinstatement.

(1) The CSEA shall send an electronic notice through the support enforcement tracking system (SETS) or, when an electronic notice is not available, a JFS 04042, “Notice to Reinstate/Reissue a License” (rev. 06/2008), to the secretary of the board of commissioners on grievances and discipline of the supreme court and to either the disciplinary counsel or the president, secretary, and chairperson of each certified grievance committee to which it sent a notice described in paragraph (C) of this rule, within seven days of:

(a) Determining that the obligor is no longer in default; or

(b) Issuing a withholding or deduction notice or a new or modified child support order to collect current support or any arrears due under the child support order that was in default and the obligor is complying with that notice or order.

When the court made the determination of default, the CSEA shall include with the electronic notice or JFS 04042 a certified copy of the judgment entry reversing the determination of default.

(2) When the CSEA determines that the referral for the suspension a license to practice law was issued in error, the CSEA shall immediately issue a JFS 04038, “Notice of Correction of License Suspension” (rev. 12/2007), to the secretary of the board of commissioners on grievances and discipline of the supreme court and to either the disciplinary counsel or the president, secretary, and chairperson of each certified grievance committee.

(E) The CSEA shall describe the procedures used to submit an obligor to the Ohio supreme court to suspend, refuse, or deny to renew a license to practice law and to reinstate a license to practice law in the CSEA’s procedural manual. When the CSEA elects to create the notice described in paragraph (B)(2) of this rule, the CSEA shall maintain a copy of the notice in the CSEA’s procedural manual.

Replaces: 5101:12-55-26

Effective: 06/15/2008

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

Promulgated Under: 119.03

Statutory Authority: 3125.25

Rule Amplifies: 3125.03, 4705.021

Prior Effective Dates: 1/1/06, 5/15/08