(1) Withholding,
restricting the use of, suspension of a license. Upon an administrative
determination that there is a delinquency or a failure to comply with subpoenas
or warrants relating to paternity or child support proceedings, a written
notice of intent to withhold, restrict the use of, or suspend a license shall
be issued. The notice of intent shall inform the noncustodial parent that
his/her license will be withheld, restricted, or suspended sixty (60) days
after service of the notice unless the noncustodial parent:
(1) Pays the entire support debt stated in
the notice; or
(2) Enters into a
payment plan approved by the Department or its agent; or
(3) Complies with subpoenas or warrants
relating to paternity or child support proceedings; or
(4) Requests an administrative hearing within
15 days of receipt of the notification.
(2) Revocation of a license. Upon the third
finding of a delinquency, a license may be revoked if the noncustodial parent
has received two license suspensions within the previous twelve months. In such
cases, written notice of intent to revoke a license shall be issued. The notice
of intent shall inform the NCP that his/her license will be revoked sixty (60)
days after service of a notice unless the NCP:
(1) Pays the entire support debt stated in
the Notice; or
(2) Enters into a
payment plan approved by the Department or its agent; or
(3) Complies with subpoenas or warrants
relating to paternity or child support proceedings; or
(4) Requests an administrative hearing within
15 days of receipt of the notification.
(3) Failure to Respond to Notification. After
60 days from date of verified certified service, the licensing authority will
be sent a notice to withhold, restrict the use of, suspend or revoke (whichever
is appropriate) the NCP's license.
(4) Written notice of intent may be served
upon NCP by:
(a) personal service by a law
enforcement officer, or other authorized process server or
(b) certified mail return receipt
requested,
(c) as otherwise
provided in the Alabama Rules of Civil Procedure.
Notes
Ala. Admin. Code r. 660-3-9-.02
New Rule: Filed June 6,
1997; effective July 9, 1997. Amended: Filed September 4, 2002; effective
October 9, 2002.
Author: Clifford Smith
Statutory Authority:P.L. 93-647;
42 U.S.C. 651 et seq.; Section 9 of P.L. 96-611;
42 U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306;
Section 2640 of P.L. 98-369; Section 171(a)(3) of P.L. 97-248; Section 2333(c)
of P.L. 97-35; P.L. 98-378; ALABAMA STATE PLAN -CHILD SUPPORT ENFORCEMENT
PROGRAM; Code of Ala. 1975, as amended, ยงยง
30-4-80 through -98, 38-2-6,
38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 30-3-170 through
30-3-179.
