1. A.

   1. 1. Except as otherwise provided by this section, the Department of Human Services is authorized to order the revocation, suspension, nonissuance, or nonrenewal of a license and driving privileges or placement of an obligor on probation who is not in compliance with an order for support.
   2. 2. If the obligor is a licensed attorney, the Department may report the matter to the Oklahoma Bar Association for appropriate action in accordance with the rules of professional conduct.
   3. 3. Pursuant to Section 6-201.1 of Title 47 of the Oklahoma Statutes, the Department of Human Services is hereby authorized to order the revocation, suspension, nonissuance, or nonrenewal of a driver license and driving privileges of an obligor who is in noncompliance with an order of support. In addition the Department of Human Services may, in cases of extreme and unusual hardship, provide for a modification of the revocation, suspension, nonissuance, or nonrenewal of the driver license and driving privileges of an obligor who is in noncompliance with an order of support.
   4. 4. The remedy under this section is in addition to any other enforcement remedy available to the Department.

2. B.

   1. 1. Whenever the Department of Human Services determines that an obligor may be in noncompliance with an order for support, before proceeding with revocation, suspension, nonissuance, or nonrenewal of a license and driving privileges of an obligor or placing the obligor on probation, the Department of Human Services shall issue a notice of intent of revocation, suspension, nonissuance, or nonrenewal of the license and driving privileges of the obligor or placing the obligor on probation.
   2. 2. The notice shall be served upon the obligor personally or by certified mail in the same manner as provided for in Section 2004 of Title 12 of the Oklahoma Statutes; or, if notice has been issued pursuant to Section 237A of this title, the notice provided in this section may be served by regular mail with an affidavit of mailing by the child support representative to the address of record on file with the central case registry provided for in Section 112A of Title 43 of the Oklahoma Statutes.

   3. 3. The notice shall state that the obligor's license will be suspended or revoked or the obligor placed on probation twenty (20) days after service unless within that time the obligor:

      1. a. pays the entire past-due support as stated in the notice,
      2. b. enters into a payment plan approved by the Department, or
      3. c. appears and shows cause in a hearing before the Department that suspension or revocation of a license or probation is not appropriate.
3. C. To show cause why suspension or revocation of a license or probation would not be appropriate, the obligor shall request a hearing from the Department. The request shall be made in writing within twenty (20) days of the date of service of the notice.
4. D. Upon receipt of a request for hearing from an obligor, the Department shall schedule a hearing for the purpose of determining if suspension or revocation of the obligor's license or probation is appropriate.
5. E. The only issues that may be determined in a hearing under this section are whether or not the obligor is in noncompliance with an order for support, and whether or not the obligor has entered or will enter into a payment plan. Where a payment plan is entered into the Department may provide for probation pursuant to Section 240.16 of this title.
6. F. If an obligor fails to respond to a notice of intent to order the suspension, revocation, nonissuance, or nonrenewal of a license and driving privileges of the obligor or probation, fails to timely request a hearing, or fails to appear at a regularly scheduled hearing, the obligor's defenses, objections, or request for a payment plan shall be considered to be without merit, and the Department shall enter a final decision and order accordingly.
7. G. If the Department determines that the obligor is in noncompliance with an order for support and that the obligor has not entered into a payment plan, the Department shall issue an order for the revocation, suspension, nonissuance, or nonrenewal of the obligor's license and driving privileges and ordering the obligor to refrain from engaging in the licensed activity or shall issue an order placing the obligor on probation. The Department shall send a copy of the order of revocation, suspension, nonissuance, or nonrenewal of a license and driving privileges or of probation to the licensing board and to the obligor.
8. H. The determinations of the Department pursuant to this section are a final agency decision and are subject to judicial review pursuant to Section 240.3 of this title. Judicial review shall be confined to the record of the administrative proceedings.
9. I. A determination made by the Department pursuant to this section is independent of any proceeding of the licensing board to suspend, revoke, deny, terminate, or renew a license.
10. J. The Department has the authority to order the revocation, suspension, nonissuance, or nonrenewal of a license and driving privileges or the placement of an obligor on probation without any action by the licensing board. The licensing board shall, upon receipt of an order issued by the Department, revoke, suspend, or refuse to renew or reissue the license and driving privileges of the named individual or place the obligor on probation.
11. K. For purposes of this section and Sections 240.16 through 240.21 of this title and Section 6-201.1 of Title 47 of the Oklahoma Statutes, the term "noncompliance with an order for support" means that the obligor has failed to make child support payments required by a child support order in an amount equal to the child support payable for at least ninety (90) days, has failed to make full payments pursuant to a court-ordered payment plan for at least ninety (90) days or has failed to obtain or maintain health insurance coverage for at least ninety (90) days as required by a support order.

Added by Laws 1995, HB 2013, c. 354, § 4, eff. November 1, 1995; Amended by Laws 2000, SB 1520, c. 384, § 16, eff. November 1, 2000 (superseded document available); Amended by Laws 2001, SB 675, c. 407, § 18, emerg. eff. July 1, 2001 (superseded document available ).