25 Tex. Admin. Code § 1.301 - Suspension of License for Failure to Pay Child Support
(a) This section implements the provisions of
the Family Code, Chapter 232, Suspension of License for Failure to Pay Child
Support, as added by Acts 1995, 74th Legislature, Chapter 751, §85 (House
Bill 433). The term "order" refers only to an order issued by a court or Title
IV-D agency under that law.
(b)
This section applies to any program within the Texas Department of Health
(department) which issues licenses. A "license" means a license, certificate,
registration, permit, or other authorization issued by the department that:
(1) is subject before expiration to
suspension, revocation, forfeiture, or termination by the department;
and
(2) a person must obtain to
practice or engage in a particular business, occupation, or profession or to
engage in any other regulated activity.
(c) On receipt of a final court or Attorney
General's order suspending a license due to failure to pay child support, the
department shall immediately determine if the department has issued a license
to the obligor named on the order and if a license has been issued:
(1) record the suspension of the license in
the department's records;
(2)
report the suspension as appropriate; and
(3) demand surrender of the suspended license
if required by law for other cases in which a license is suspended.
(d) The department shall implement
the terms of a final court or Attorney General's order suspending a license
without additional review or hearing. The department may provide notice as
appropriate to the license holder or to others concerned with the
license.
(e) The department may not
modify, remand, reverse, vacate, or stay an order suspending a license under
this section and may not review, vacate, or reconsider the terms of a final
order suspending a license under this section.
(f) An individual who is the subject of a
final order suspending a license under this section is not entitled to a refund
for any fee or deposit paid to the department.
(g) An individual who continues to engage in
the business, occupation, profession, or other licensed activity after the
implementation of the order suspending the license by the department is liable
for the same civil and criminal penalties provided for engaging in the licensed
activity without a license or while a license is suspended that apply to any
other license holder.
(h) If a
suspension overlaps a license renewal period, an individual with a license
suspended under this section shall comply with the normal renewal procedures
applicable to the license; however, the license will not actually be renewed
until subsections (k) and (l) of this section are met.
(i) The department is exempt from liability
to a license holder for any act authorized and performed under the Family Code,
Chapter 232, and this section.
(j)
An order suspending a license or dismissing a petition for the suspension of a
license does not affect the power of the department to grant, deny, suspend,
revoke, terminate, or renew a license as authorized by applicable
law.
(k) On receipt of an order
vacating or staying an order suspending a license, the department shall
promptly issue the affected license to the obligor if the obligor is otherwise
qualified for the license. An order rendered under this subsection does not
affect the power of the department to grant, deny, suspend, revoke, terminate,
or renew a license as otherwise provided by applicable law.
(l) An individual whose license is suspended
under this section must pay a reinstatement fee of $40 at the time of issuance
of the license under subsection (k) of this section.
Notes
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