1. (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. (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. (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. (4) Written notice of intent may be served upon NCP by:

   1. (a) personal service by a law enforcement officer, or other authorized process server or
   2. (b) certified mail return receipt requested,
   3. (c) as otherwise provided in the Alabama Rules of Civil Procedure.

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, §§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.

History: New Rule: Filed June 6, 1997; effective July 9, 1997. Amended: Filed September 4, 2002; effective October 9, 2002.