5101:12-55-25.1 License reinstatement.

(A) This rule describes the process a child support enforcement agency (CSEA) shall use to reinstate a professional, recreational, or driver's license that has been suspended.

(B) 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, "Notice to Suspend Professional, Motor Vehicle Operator and Recreational License" (rev. 01/2005), within seven days of one of the following:

(1) There has been a determination that the obligor is no longer in default; or

(2) 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; or

(3) The following occurs:

(a) The obligor pays the full arrears balance owed as of the date of the payment; or

(b) When paragraph (B)(3)(a) of this rule is not possible, the obligor presents evidence of employment or a financial institution account and the agency has confirmed said employment or financial institution account as described in paragraph (C) of this rule; or

(c) When paragraphs (B)(3)(a) and (B)(3)(b) of this rule are not possible, the obligor presents evidence that the obligor is unable to work due to circumstances beyond the obligor's control and it is accepted as such by the agency; or

(d) When paragraphs (B)(3)(a) to (B)(3)(c) of this rule are not possible, the obligor complies with a written agreement to complete a family support program administered or approved by the agency, or a program that will establish compliance with a seek work order; or

(e) When paragraphs (B)(3)(a) to (B)(3)(d) of this rule are not possible, the obligor pays the balance of the total monthly obligation due for the ninety-day period preceding the date the agency sent the pre-suspension notice.

(C) Confirming employment status or financial institution account information.

When the obligor requests reinstatement of a license based upon paragraph (B)(3)(b) of this rule, the CSEA shall proceed as follows:

(1) Upon receipt of evidence from the obligor of employment or of an account at a financial institution, the CSEA shall confirm the information provided and reinstate the obligor's license as described in paragraph (B) of this rule after an income withholding has been issued to that employer or financial institution.

(2) When information previously provided by the obligor, which resulted in a reinstatement under paragraph (B)(3)(b) of this rule did not result in a payment being received from that payor, any subsequent reinstatement requests based upon paragraph (B)(3)(b) of this rule shall only be granted once a payment has been received via withholding from the payor.

(3) When the CSEA determines that an obligor has a history of frequently changing employment or financial institution accounts, a reinstatement request based upon paragraph (B)(3)(b) of this rule shall only be granted once one full month's obligation has been received via withholding from the provided payor.

(D) 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.

Replaces: 5101:12-55-25

Effective: 05/01/2012
R.C. 119.032 review dates: 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3125.25 , 3123.63
Rule Amplifies: 3123.41 to 3123.50 , 3123.53 to 3123.60 , 3123.62 , and 3123.63
Prior Effective Dates: 10/1/96, 1/1/98, 6/2/01, 10/14/01, 1/1/06, 6/15/08