(a) As used in this section:
(1) “Department” means the Department of Finance and Administration or its duly authorized agents;
(2) “License” means an Arkansas driver's license issued pursuant to § 27-16-101 et seq., and § 27-20-101 et seq., or an occupational, professional, or business license regulated under Title 17 and all other licenses regulated under Titles 2-6, 8, 9, 14, 15, 20, 22, 23, and 27;
(3) “Office” means the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration;
(4) “Other licensing entity” means any other state agency, department, board, commission, municipality, or any entity within the State of Arkansas or the United States that issues or renews an occupational, professional, or business license regulated under Title 17 and all other licenses regulated under Titles 2-6, 8, 9, 14, 15, 20, 22, 23, and 27; and
(5) “Permanent license plate” means the license plate, issued by the department, which by law must be affixed to every vehicle as defined by § 27-14-1002 and every motorized cycle as defined by § 27-20-101.
(b) (1) (A) Unless an obligor executes an installment agreement or makes other necessary and proper arrangements with the office, the office shall notify the department or other licensing entity to suspend the license or permanent license plate of the obligor whenever the office determines that one (1) of the following conditions exists:
(i) The obligor is delinquent on a court-ordered child support payment or an adjudicated arrearage in an amount equal to three (3) months' obligation or more; or
(ii) The obligor is the subject of an outstanding failure to appear warrant, a body attachment, or a bench warrant related to a child support proceeding.
(B) Prior to the notification to suspend the license of the obligor, the office shall determine whether the obligor holds a license or permanent license plate with the department or other licensing entity.
(2) (A) The office shall notify the obligor that a request will be made to the department to suspend the license or permanent license plate sixty (60) days after the notification unless a hearing with the office is requested in writing within thirty (30) days to determine whether one (1) of the conditions of suspension does not exist.
(B) Notification shall be sufficient under this subdivision (b)(2) if mailed to the obligor at either the last known address provided to the court by the obligor pursuant to § 9-14-205 or to the address used by the obligor on the license or the application for a permanent license plate.
(c) Following a determination by the office under subdivision (b)(1) of this section, the office shall notify the department or other licensing entity to suspend the license or permanent license plate of the obligor.
(d) (1) The department or other licensing entity, upon receipt of the notification, shall immediately suspend the license or permanent license plate of the obligor.
(2) This suspension shall remain in effect until the department or other licensing entity is notified by the office to release the suspension.
(e) (1) If the obligor enters into an installment agreement or makes other necessary and proper arrangements with the office to pay child support, the office shall immediately notify the department or other licensing entity to restore the license or permanent license plate of the obligor.
(2) In the case of fraud or mistake, the office shall immediately notify the department or other licensing entity to restore the license or permanent license plate of the obligor, as appropriate.
(f) The office and the department are authorized to promulgate rules and regulations necessary to carry out this section in the interests of justice and equity.
(g) The office is authorized to seek an injunction in the circuit court of the county in which the child support order was entered, restraining the obligor from driving or from any licensed or permitted activity during the time the obligor's license or permanent license plate is suspended.
(h) (1) (A) Any obligor whose license or permanent license plate has been suspended may appeal to the circuit court of the county in which the child support order was entered or transferred, within thirty (30) days after the effective date of the suspension, by filing a petition with a copy of the notice of the suspension attached, or with a copy of the final administrative hearing decision of the office, with the clerk of the circuit court and causing a summons to be served on the administrator of the office.
(B) For persons paying child support pursuant to § 9-17-501 or § 9-17-507, the foreign order shall be registered by the office pursuant to § 9-17-601 et seq.
(2) The case shall be tried de novo.
(3) The circuit judges are vested with jurisdiction to determine whether the petitioner is entitled to a license or permanent license plate or whether the decision of the hearing officer should be affirmed, modified, or reversed.
(i) Nothing provided in this section shall be interpreted to prohibit the circuit court from suspending a permanent license plate or a license through contempt proceedings resulting from the nonpayment of child support.
History. Acts 1995, No. 752, § 1; 1997, No. 1296, § 33; 1999, No. 1514, §§ 17, 18; 2003, No. 1020, § 8; 2003, No. 1185, § 17.
A.C.R.C. Notes. Ark. Const., Amend. 80, adopted by voter referendum and effective July 1, 2001, abolished chancery courts and established circuit courts as the trial courts of original jurisdiction. The jurisdiction of the circuit courts now includes “all matters previously cognizable by Circuit, Chancery, Probate and Juvenile Courts ”
Amendments. The 1997 amendment inserted “or transferred” following “support order was entered” in (h)(1)(A).
The 1999 amendment substituted “three (3)” for “six (6)” in (b)(1)(A)(i); and, in (b)(2)(A), substituted “sixty (60)” for “ninety (90)” and “thirty (30)” for “sixty (60)”; made a minor punctuation change in (b)(2)(B); and added (i).
The 2003 amendment by No. 1020 rewrote (a); substituted “obligor” for “noncustodial parent” throughout this section; and made stylistic changes.
The 2003 amendment by No. 1185 deleted “chancery” preceding “court” in (h)(1)(A); deleted “in the chancery court, or the juvenile division, as appropriate” following “de novo” in (h)(2); and, in (i), substituted “This section does not” for “Nothing provided in this section shall be interpreted to,” “circuit” for “chancery,” and deleted “or the juvenile division thereof” following “court.”
Cross References. Suspension of commercial driver's license for delinquent child support, § 27-23-125.
For child support enforcement guidelines, see the Appendix at the end of this title.
Case Notes
Cited: State, Office of Child Support Enforcement v. Ross, 329 Ark. 1, 945 S.W.2d 374 (1997).