1. A. In addition to other qualifications and conditions established by law, the driving privilege of an individual is subject to the requirements of this section.
2. B. Upon receipt of an order from a court or from the Office of Administrative Hearings: Child Support of the Department of Human Services, hereinafter referred to as "OAH", that a person obligated to pay child support who owns or operates a motor vehicle is not in compliance with an order for support, the Commissioner of Public Safety shall revoke the person's driving privilege.

3. C.

   1. 1. Whenever a court or the OAH finds that a person is not in compliance with an order of child support, the court or the OAH, as applicable, shall require the person to surrender to it the driver license held by the person and shall forward to the Department of Public Safety an order to revoke the driving privilege of the person, together with any driver license surrendered to the court or OAH. An order of the court or the OAH, as applicable, to revoke a person's driving privilege for noncompliance with an order of support shall be upon a Notification of Revocation form prescribed by the Department of Public Safety. The Department of Public Safety shall prepare and distribute the Notification form to be used by the courts and the OAH.

   2. 2. In addition to the Department of Public Safety, the court or the OAH, as applicable, shall send a copy of the Notification of Revocation to the person obligated to pay child support by first class, postage prepaid mail. The Notification shall:

      1. a. include the name, address, date of birth, physical description and, if known, the driver license number of the person,
      2. b. require the Department to revoke the driving privilege of the person required to pay child support,

      3. c. require the Department to not reinstate the person's driving privilege until:

         1. (1) the court or the OAH issues a release that states such person is in compliance with the order of support or until a court or the OAH otherwise authorizes reinstatement of the person's driving privilege, and
         2. (2) the person has paid to the Department the fees required by Section 6-212 of this title and has met all other statutory requirements for reinstatement of the person's driving privilege;
      4. d. specify the reason and statutory ground for the revocation and the effective date of the revocation;
      5. e. inform the person that in order to apply for reinstatement of the person's driving privilege, the person must obtain a release from the OAH or the court, as applicable; and
      6. f. inform the person that the person may file a petition for judicial review of the Notification of Revocation in district court within thirty (30) days after receipt of the Notification.
4. D. Upon receipt of the Notification of Revocation from a court or the OAH, as applicable, that a person obligated to pay child support is not in compliance with an order of support, the Department shall, in addition to any other authority to withdraw driving privileges, revoke the driving privilege of the person named in the Notification without hearing.

5. E.

   1. 1. The court or the OAH shall furnish a release to the Department whenever a person, whose driving privilege has been revoked pursuant to this section, has established and is complying with a payment schedule, as determined by the court or the OAH. Upon receipt of such release, the Department shall reinstate the driving privileges of the person, if the person is otherwise eligible, pursuant to Section 6-212 of this title;
   2. 2. Should the person default on the payment schedule, the court or OAH may resubmit the notice of noncompliance as provided for in this section. The court or the OAH shall furnish a release to the Department whenever the person is once again complying with the payment schedule, as determined by the court or the OAH. Upon receipt of such release, the Department shall reinstate the driving privileges of the person, if the person is otherwise eligible, pursuant to Section 6-212 of this title; and
   3. 3. A person whose driving privilege has been revoked for noncompliance due to defaulting on a payment schedule, pursuant to paragraph 2 of this subsection, shall be required to meet all statutory requirements for reinstatement of driving privileges, including, but not limited to, the payment of processing and reinstatement fees, as provided for in Section 6-212 of this title.
6. F. If the court or the OAH, as applicable, is unable to secure the surrender to it of the driver license held by the person found to be in noncompliance with an order of support, the Department, upon revoking the driving privilege of the person, shall require that the driver license held by the person be surrendered to the Department. Upon reinstatement of the person's driving privileges, as provided for by law, the person's valid and lawful driver license shall be returned to the person by the Department if the person is otherwise eligible.

Added by Laws 1995, c. 354, § 11, eff. November 1, 1995; Amended by Laws 1999, c. 229, § 2, eff. November 1, 1999 (superseded document available); Amended by Laws 2003, SB 704, c. 392, § 13, emerg. eff. July 1, 2003 ( superseded document available ).