7-1414. PROCEEDING TO REINSTATE THE SUSPENSION. (1) The obligee or department may file a motion with the court to lift the stay and reinstate the suspension of a license due to nonpayment of child support if the licensee does not maintain current support payments or fails to comply with the terms of a repayment agreement entered into by the licensee.
(2) A person entitled to visitation under an order of a court may file a motion to lift the stay and reinstate the suspension of a license if the licensee fails to comply with the order for visitation. The motion shall allege the manner in which the licensee failed to comply with the order for visitation, and request a hearing.
(3) Upon a motion to lift a stay of an order suspending a license, notice of a hearing shall be provided by personal service or by mail not less than fourteen (14) days prior to the hearing.
(4) The department may also commence administrative proceedings to lift a stay issued by the department, by serving notice alleging the failure to maintain current support payments or to comply with a repayment plan, and notice of a hearing not less than fourteen (14) days before the date of the hearing. Service of the notice by the department shall be by personal service or certified mail.
(5) If the licensee is found not to be maintaining current support payments or not to be in compliance with the terms of a repayment plan or order for visitation, the order suspending a license shall be reinstated and the licensing authority shall be promptly informed of the suspension. The licensing authority shall reinstate the suspension of the license effective the date the order becomes final.
History:
[7-1414 added 1996, ch. 429, sec. 1, p. 1461.]
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