Ga. Comp. R. & Regs. R. 290-7-1-.12 - License Revocations or Suspensions

Provision is made to withhold, restrict the use of, suspend, or revoke licenses for failure to pay child support and to establish criteria for reissuing the licenses. "License" means a certificate, permit, registration, or any other authorization issued by a licensing entity that allows a person to operate a motor vehicle or to engage in a profession, business, or occupation. "Licensing entity" means any Georgia agency, department, or board which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle or to engage in a profession, business, or occupation, including but not limited to those relating to: pest control; mortgage lenders and mortgage brokers; securities salespersons and investment adviser representatives; foresters; pharmacists; insurance agents, counselors, and other personnel; professions and businesses under Chapter 1 of Title 43; real estate appraisers; and real estate brokers and salespersons.

(a) The Department shall maintain a state-wide certified list, updated on a monthly basis, of all obligors who are not in compliance with a child support order being enforced by the Department. All licensing entities shall review the certified list and notify the Department if any applicant or licensee of the licensing entity is on the certified list. That notification shall include the applicant's or licensee's last known mailing address on file with the licensing entity.
(b) When an obligor accumulates an arrearage equal to or greater than 60 days' worth of support (which does not have to accumulate in consecutive months), the Department may seek to have the obligor's license withheld, restricted, suspended or subsequently revoked by the licensing entity. This rule applies to support ordered by a court of this or any other state, territory, or district of the United States, including support ordered by any administrative agency having the to issue a support order.
(1) The arrearage which determines qualification for withholding, restricted use, suspension, or revocation of a license is based upon current support obligations due (including child, spousal, medical support and interest when applicable).
(2) Withholding, restriction, suspension and revocation do not apply to an obligor who is paying child support and arrearages according to the terms of a court order.
(c) Any obligor subject to this Rule shall be mailed a notice of delinquency via first class mail and receipt by the delinquent obligor shall be presumed if the mailing is not returned to the Department within 30 days from the date of mailing.
(d) The obligor has 20 days from the date of mailing to come into compliance with the order or to reach an agreement with the Department to pay the delinquency. If an agreement cannot be reached within that time or the obligor does not respond within those 20 days, the agency will send notice to the licensing entity requesting that the license be suspended or the licensure application be denied.
(e) The obligor has 20 days from the date of mailing of the delinquency notice to request, in writing, an administrative hearing before OSAH. If a written request for a hearing is not received within 20 days of mailing of the delinquency notice, the obligor is not entitled to a hearing.
(f) The licensing entity issuing the license shall notify the delinquent obligor by certified mail or statutory overnight delivery of the date that the license has been denied or suspended.
(g) In an administrative hearing under this Rule timely requested by an obligor, the only issues at the hearing will be the following:
(1) Whether there is an order for child support being enforced by the Department pursuant to the Act;
(2) Whether the licensee or applicant is the obligor covered by that order;
(3) Whether the support obligor is or is not in compliance with the order for child support;
(4) Whether the obligor shall be entitled to pay past due child support in periodic payments; and,
(5) Whether the support obligor has been able and willing to comply with such order for support.
(h) The administrative law judge ("ALJ") shall consider evidence relating to the ability and willingness of an obligor to comply with such order for support in making the decision to either suspend a license or deny the issuance or renewal of a license under this Rule. The ALJ shall be authorized to enter an order or a consent agreement requiring periodic payments or to issue a release for the obligor to obtain each license or licenses. Any such order or agreement shall not act to modify an existing child support order, but rather only affects the payment of the arrearage.
(i) The initial decision of the ALJ may be affirmed, modified, or reversed by the Department within 30 days of issuance of the initial decision. If the Department declines to commence a review of the initial decision within 30 days, the ALJ's initial decision shall become the final agency decision.
(j) The final agency decision shall be subject to appeal and judicial review pursuant to Article 2 of Chapter 13 of Title 50 but only as to those issues referred to in this Rule.
(k) The right to administrative hearing under this Rule shall be the only hearing required to suspend a license or to deny the issuance of a license notwithstanding any hearing requirements otherwise applicable within the licensing entity involved.

Notes

Ga. Comp. R. & Regs. R. 290-7-1-.12
O.C.G.A. Secs. 19-6-30et seq., 19-11-9.3, 19-11-12, 19-11-15, 19-11-16, 19-11-19, 50-13-1 et. seq.
Original Rule entitled "Time Limits for Requesting a Fair Hearing" adopted. F. Oct. 17, 1991; eff. Nov. 6, 1991. Repealed: New Rule entitled "License Revocations or Suspensions" adopted. F. June 15, 2011; eff. July 5, 2011.

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