W. Va. Code R. § 97-6-16 - Suspension, restriction, denial and non-renewal of drivers' licenses and professional licenses
16.1. W. Va. Code §
48-15-201 permits the bureau to request that a court of competent jurisdiction suspend, restrict, deny or prohibit renewal of certain licenses issued to an obligor if all appropriate enforcement methods have been exhausted or are not available and if the following additional criteria are met:
16.1.a. The obligor's child support arrearage, including child medical support, exceeds the amount that would be due in a six-month period; or
16.1.b. The obligor has failed to comply with a subpoena or warrant relating to paternity or child support proceedings.
16.2. Before commencement of any action to suspend, restrict, deny or prohibit renewal of an obligor's license, the bureau shall provide written notice to the obligor that conforms to the terms of W. Va. Code §
48-15-205 and § 48-15-206.
16.3. After the obligor receives the written notice that the commencement of an action against his or her license may occur, if the obligor makes a request to do so, the bureau shall attempt to develop and enter into a payment plan with the obligor if the agreement meets the following criteria:
16.3.a. The agreement sets forth a specific plan for the satisfaction of all eligible child support arrearages within a reasonable amount of time, as determined by the bureau attorney assigned to the case; and
16.3.b. The agreement includes a specific plan for the satisfaction of all on-going weekly or monthly child support payments in a timely manner.
16.4. If such an agreement is reached, the bureau shall terminate its attempt to suspend, restrict, deny or prohibit the renewal of the obligor's license.
16.5. If no agreement is reached within twenty (20) business days of the date that the obligor initially contacted the bureau regarding the potential license suspension, pursuant to W. Va. Code §
48-15-209, the matter shall proceed to hearing in the court of competent jurisdiction.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.