1. A. Anyone who is ordered to pay support for a child in an administrative or court action, hereinafter referred to as "obligor", is required by law to obtain and maintain gainful employment sufficient to meet the support obligation.

2. B. The Department, when support rights have been assigned to it or proper application made by an individual not receiving Aid to Families with Dependent Children, may initiate an administrative action to obtain an order to require an unemployed or underemployed obligor to participate in job-finding or job-training programs. "Underemployed" is defined as being employed less than full-time or in an occupation which pays less than employment which someone of obligor's skills and education could be reasonably expected to earn, so that the obligor cannot meet his support obligation. The Department shall give notice of this requirement to the obligor who is not complying with a court or administrative order for support and who the Department has reason to believe is unemployed or underemployed. Said notice shall be served upon the obligor in the same manner prescribed for service of summons in a civil action. The notice shall state:

   1. 1. The name of the child for whom support is ordered and the custodian of the child;
   2. 2. That the obligor is not complying with the court or administrative order for support and is delinquent in a certain amount;
   3. 3. That it appears that the obligor is unemployed or underemployed so that he cannot meet his support obligation;
   4. 4. That the obligor shall appear for a conference in his county of residence on a date certain to show cause why he should not be ordered to participate in job-finding or job-training programs and to accept available employment; and
   5. 5. That if it is determined that the obligor is unemployed or underemployed or if the obligor fails to appear, an order will be entered which will require the obligor to participate in job-finding and job-training programs and to accept available employment and that such order may be docketed with the district court in the county of residence of the obligor and shall be enforced as any other order of the district court by indirect civil contempt proceedings.
3. C. At the conference the Department shall determine if the obligor is unemployed or is underemployed. If it is determined that the obligor is unemployed or underemployed, the Department shall enter an order setting forth the Department's findings and requiring that the obligor shall participate in job-finding or job-training programs and accept available employment. The order shall state when the obligor shall report and to what location. The order may be docketed with the district court in the obligor's county of residence and shall be enforced as any other order of the district court by indirect civil contempt proceedings. A copy of the order will be mailed by the Department to the obligor's last-known address.
4. D. If the obligor fails to appear for the conference, the Department shall enter an administrative order requiring that the obligor report to the Department to participate in job-finding or job-training programs and accept available employment. The order shall state when and where the obligor is to report to participate in said programs. The order may be docketed with the district court in the county of residence of the obligor and shall be enforced as any other order of the district court by indirect civil contempt proceedings. A copy of the order will be mailed by the Department to the obligor's last-known address.
5. E. The obligor may show good cause why an administrative order should not be entered requiring him to participate in job-finding or job-training programs and accept available employment. "Good cause" is defined as establishing by expert medical opinion that the person is mentally or physically unable to work or such other grounds as the Department determines by regulation constitutes good cause.
6. F. If the obligor feels aggrieved by the findings and order of the Department, the obligor may appeal the decision of the Department by filing a petition in error in the district court of the county of residence of the obligor within thirty (30) days of the date the obligor is notified of the order, pursuant to the provisions of Sections 318 through 323 of Title 75 of the Oklahoma Statutes.

Added by Laws 1987, SB 151, c. 230, § 21, eff. October 1, 1987.