Rule 290-7-1-.12. License Suspensions and Limited Driving Permit

1. (1) 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.
2. (2) 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 enforceable 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. The notification shall include the applicant's or licensee's last known mailing address on file with the licensing entity.

3. (3) 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 authority to issue a support order.

   1. (a) 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. (b) Withholding, restriction, suspension and revocation does not apply to an obligor who is paying child support and arrearages according to the terms of a court order.
4. (4) 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.

5. (5) The notice mailed to the obligor shall include the following elements and requirements:

   1. (a) 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.
   2. (b) If an agreement cannot be reached within that time or the obligor does not respond within those 20 days, the Department will send notice to the licensing entity requesting that the license be suspended or the licensure application be denied.
6. (6) 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.
7. (7) 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.

8. (8) In an administrative hearing held under this Rule, and timely requested by an obligor, the only issues to be determined at the hearing will be the following:

   1. (a) Whether there is an order for child support being enforced by the Department pursuant to the Act;
   2. (b) Whether the licensee or applicant is the obligor covered by the order;
   3. (c) Whether the obligor is or is not in compliance with the order for child support;
   4. (d) Whether the obligor is entitled to pay past due child support in periodic payments; and
   5. (e) Whether the support obligor has been able and willing to comply with such order for support.
9. (9) An 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.
10. (10) The ALJ's decision shall be the final agency decision.
11. (11) The final agency decision shall be subject to appeal and judicial review pursuant to Rule 290-7-1-.19 and O.C.G.A. 50-13-2, but only as to those issues referred to in this Rule.
12. (12) The right to an administrative hearing under this license suspension section of Rule 290-7-1-.12 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.

13. (13) Limited Driving Permit.

    The Department can enter into an agreement to allow an obligor to apply for a limited driving permit if the suspension of a driver's license has caused extreme hardship in locating employment. The Department will review an obligor's eligibility for a child support limited driving permit and determine if the driver license suspension creates an extreme hardship specific to being able to seek and maintain employment.

    1. (a) Eligibility.

       The eligibility for permits being issued shall be on a case-by-case basis and be at the sole discretion of the Department. The review for eligibility will include, but is not limited to:

       1. 1. The obligor's past payment history;
       2. 2. Driver license suspension history;
       3. 3. The Department Outreach program enrollment history; and
       4. 4. Any other facts deemed relevant by the Department to the obligor's case history.

    2. (b) Terms and Conditions.

       If determined to be eligible for a limited permit, the obligor shall agree to the terms and conditions of eligibility, which include:

       1. 1. Continuing to pay full support payments as defined by the support order; and
       2. 2. Obtaining employment income.
       3. 3. The obligor must maintain documentation of their employment search.
       4. 4. Failure to agree to the terms and conditions will result in the Department denying the request for a limited driving permit.
    3. (c) Eligibility approval from the Department for the limited driving permit does not guarantee the licensing entity will issue the permit. The Department may alert the licensing entity if the obligor fails to comply with the terms of the agreement or their child support obligation and notify the licensing entity to revoke the limited driving permit.
    4. (d) Limited driving permits are valid for one year from the date of issuance unless the permit is revoked by the licensing entity for non-compliance.
    5. (e) In the event the obligor fails to comply with the terms and conditions of the limited driving permit agreement set by the Department, then the Department shall issue a notice of noncompliance to the licensing entity. Upon receipt of such notice from the Department, the licensing entity shall inform the obligor and proceed to revoke the limited driving permit.
    6. (f) An administrative hearing and any appeal therefrom under this Limited Driving Permit section of this Rule shall be held in accordance with the provisions set forth at O.C.G.A. § 40-5-64(h).

Authority: O.C.G.A. §§ 19-6-30 et. seq., 19-11-9.3, 19-11-12, 19-11-15, 19-11-16, 19-11-19, 40-5-64, 50-13-1 et. seq.

History. 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.

Amended: F. June 10, 2024; eff. July 1, 2024, as specified by the Agency.

Amended: New title, "License Suspensions and Limited Driving Permit." F. Apr. 15, 2026; eff. May 5, 2026.