71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 340
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
Relating to license suspension based on child support; amending
ORS 25.750, 25.759, 25.762, 25.765, 25.774, 25.777 and 25.780.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 25.750 is amended to read:
25.750. (1) All licenses, certificates, permits or
registrations that a person is required by state law to possess
in order to engage in an occupation or profession or to use a
particular occupational or professional title, all annual
licenses issued to individuals by the Oregon Liquor Control
Commission, all driver licenses or permits issued by the
Department of Transportation and all recreational hunting and
fishing licenses are subject to suspension by the respective
issuing entities upon certification to the issuing entity by the
{ - Division of Child Support of the Department of Justice or
the district attorney - } { + administrator + } that a child
support case record is being maintained by the Department of
Justice, that the case is being enforced by the { - Division of
Child Support or the district attorney - } { +
administrator + } under the provisions of ORS 25.080 and that one
or both of the following conditions apply:
(a) That the party holding the license, certificate, permit or
registration is under order or judgment to pay monthly child
support and is in arrears, with respect to any such judgment or
order requiring the payment of child support, in an amount equal
to three months of support or $2,500, whichever occurs later,
and:
(A) Has not entered into { - a payment - } { + an + }
agreement with the
{ - Division of Child Support or the district attorney - }
{ + administrator + } with respect to { - those arrears and
the continuing - } { + the + } child support obligation; or
(B) Is not in compliance with { - a payment - } { + an + }
agreement entered into with the { - Division of Child Support
or the district attorney - } { + administrator + }; or
(b) That the party holding the license, certificate, permit or
registration has failed, after receiving appropriate notice, to
comply with a subpoena or other procedural order relating to a
paternity or child support proceeding and:
Enrolled Senate Bill 340 (SB 340-A) Page 1
(A) Has not entered into an agreement with the { - Division
of Child Support or the district attorney - } { +
administrator + } with respect to compliance; or
(B) Is not in compliance with such an agreement.
(2) The Department of Human Services by rule shall specify the
conditions and terms of { - payment agreement or other - }
agreements, compliance with which precludes the suspension of the
license, certificate, permit or registration.
SECTION 2. ORS 25.759 is amended to read:
25.759. Upon identification of a person subject to suspension
under ORS 25.750 to 25.783, the { - Department of Justice - }
{ + administrator + } may issue a notice, sent by regular mail
to both the address of record as shown in the records of the
issuing entity and the address of record as shown on the
{ - Department of Justice - } { + administrator's + } child
support file. Such notice shall contain the following
information:
(1) That certain licenses, certificates, permits and
registrations, which shall be specified in the notice, are
subject to suspension as provided for by ORS 25.750 to 25.783.
(2) The name, Social Security number, if available, date of
birth, if known, and child support case number or numbers of the
person subject to the action.
(3) The amount of arrears and the amount of the monthly child
support obligation { + , if any, + } or, if suspension is based
on ORS 25.750 (1)(b), a description of the subpoena or other
procedural order with which the person subject to the action has
failed to comply.
(4) The procedures available for contesting the suspension of a
license, certificate, permit or registration.
(5) That the only bases for contesting the suspension are:
(a) That the arrears are not greater than three months of
support or $2,500 { - , or - } { + ;
(b) + }That there is a mistake in the identity of the obligor;
{ - (b) - } { + (c) + } That the person subject to the
suspension has complied with the subpoena or other procedural
order identified in subsection (3) of this section; or
{ - (c) - } { + (d) + } That the person subject to the
suspension is in compliance with a previous agreement { - or
compliance agreement - } as provided for by ORS 25.750 to
25.783.
(6) That the obligor may enter into { - a payment agreement
or other - } { + an + } agreement, prescribed by rule by the
Department of Human Services, compliance with which shall
preclude the suspension under ORS 25.750 to 25.783.
(7) That the obligor has 30 days from the date of the notice to
contact the { - Division of Child Support or the district
attorney - } { + administrator + } in order to:
(a) Contest the action in writing on a form prescribed by the
{ - Division of Child Support - } { + administrator + };
(b) Comply with the subpoena or procedural order identified in
subsection (3) of this section; or
(c) Enter into { - a payment - } { + an + } agreement
authorized by ORS 25.750 and 25.762. The notice shall state that
any agreement must be in writing and must be entered into within
30 days of making contact with the { - Division of Child
Support or the district attorney - } { + administrator + }.
(8) That failure to contact the { - Division of Child Support
or the district attorney - } { + administrator + } within 30
days of the date of the notice shall result in notification to
Enrolled Senate Bill 340 (SB 340-A) Page 2
the issuing entity to suspend the license, certificate, permit or
registration.
SECTION 3. ORS 25.762 is amended to read:
25.762. (1) If the { - Division of Child Support or the
district attorney - } { + administrator + } is contacted within
30 days of the date of the notice specified in ORS 25.759, the
{ - Division of Child Support or the district attorney - } { +
administrator + } and the obligor may enter into { - the
payment agreement or other compliance - } { + an + } agreement
as provided for by rule of the Department of Human Services. If
no contest is filed or if no agreement is entered into within the
time prescribed by ORS 25.750 to 25.783, or if the obligor fails
to comply with the terms of an agreement previously entered into,
the { - Division of Child Support or the district attorney - }
{ + administrator + } shall advise the issuing entity to
suspend the license, certificate, permit or registration
forthwith.
(2) After receipt of notice to suspend from the { - Division
of Child Support or the district attorney - } { +
administrator + }, no further administrative review or contested
case proceeding within or by the issuing entity is required.
SECTION 4. ORS 25.765 is amended to read:
25.765. (1) If the obligor makes the contact within 30 days of
the date of the notice as provided for in ORS 25.759, the
{ - Division of Child Support or the district attorney - }
{ + administrator + } shall provide the obligor with the
opportunity to contest the suspension on the bases set forth in
ORS 25.759 (5). The { - Division of Child Support or the
district attorney - } { + administrator + } shall determine
whether suspension should occur. If the { - Division of Child
Support or the district attorney - } { + administrator + }
determines that suspension should occur, the { - Division of
Child Support or the district attorney - } { +
administrator + } shall make a written determination of such
finding.
(2) The obligor may appeal the determination described in
subsection (1) of this section. Any hearing on such appeal shall
be conducted by a hearing officer assigned from the Hearing
Officer Panel established under section 3, chapter 849, Oregon
Laws 1999. ORS 183.310 to 183.550 shall apply and such appeal of
the { - Division of Child Support's or district attorney's - }
{ + administrator's + } determination shall be de novo to the
hearing officer. Any suspension is stayed pending the decision of
the hearing officer. Any order of the hearing officer that
supports a suspension shall result in the notification to the
issuing entity by the { - Division of Child Support or the
district attorney - } { + administrator + } to suspend the
license forthwith.
(3) After receipt of notice to suspend from the { - Division
of Child Support or the district attorney - } { +
administrator + }, no further administrative review or contested
case proceeding within or by the issuing entity is required.
SECTION 5. ORS 25.765, as amended by section 44, chapter 849,
Oregon Laws 1999, is amended to read:
25.765. (1) If the obligor makes the contact within 30 days of
the date of the notice as provided for in ORS 25.759, the
{ - Division of Child Support or the district attorney - }
{ + administrator + } shall provide the obligor with the
opportunity to contest the suspension on the bases set forth in
ORS 25.759 (5). The { - Division of Child Support or the
Enrolled Senate Bill 340 (SB 340-A) Page 3
district attorney - } { + administrator + } shall determine
whether suspension should occur. If the { - Division of Child
Support or the district attorney - } { + administrator + }
determines that suspension should occur, the { - Division of
Child Support or the district attorney - } { +
administrator + } shall make a written determination of such
finding.
(2) The obligor may appeal the determination described in
subsection (1) of this section. Any hearing on such appeal shall
be conducted by a hearing officer appointed by the Employment
Department. ORS 183.310 to 183.550 shall apply and such appeal of
the { - Division of Child Support's or district attorney's - }
{ + administrator's + } determination shall be de novo to the
hearing officer. Any suspension is stayed pending the decision of
the hearing officer. Any order of the hearing officer that
supports a suspension shall result in the notification to the
issuing entity by the { - Division of Child Support or the
district attorney - } { + administrator + } to suspend the
license forthwith.
(3) After receipt of notice to suspend from the { - Division
of Child Support or the district attorney - } { +
administrator + }, no further administrative review or contested
case proceeding within or by the issuing entity is required.
SECTION 6. ORS 25.774 is amended to read:
25.774. When, at any time after suspension under ORS 25.750 to
25.783, the conditions resulting in the suspension no longer
exist, the { - Division of Child Support or the district
attorney - } { + administrator + } shall so notify the issuing
entity and shall confirm that the license, certificate, permit or
registration may be reinstated contingent upon the requirements
of the issuing entity. Until the issuing entity receives notice
under this section, the issuing entity may not reinstate,
reissue, renew or otherwise make the license, certificate, permit
or registration available to the holder of the suspended license,
certificate, permit or registration.
SECTION 7. ORS 25.777 is amended to read:
25.777. The Department of { - Human Services - } { +
Justice + } shall enter into agreements to reimburse issuing
entities for their costs of compliance with ORS 25.750 to 25.783
to the extent that those costs are eligible for Federal Financial
Participation under Title IV-D of the Social Security Act.
SECTION 8. ORS 25.780 is amended to read:
25.780. In addition to any other grounds for suspension
provided by law:
(1) The Oregon Liquor Control Commission and any entity that
issues licenses, certificates, permits or registrations that a
person is required by state law to possess to engage in an
occupation, profession or recreational hunting or fishing or to
use a particular occupational or professional title shall suspend
without further hearing the licenses, certificates, permits or
registrations of a person upon certification by the administrator
{ - of the Division of Child Support or the district
attorney - } that the person is subject to an order suspending
the license, certificate, permit or registration. The
certification must include the information specified in ORS
25.750 (1).
(2) The Department of Transportation shall suspend without
further hearing the driver license or driver permit of a person
upon certification by the administrator { - of the Division of
Child Support or the district attorney - } that the person is
Enrolled Senate Bill 340 (SB 340-A) Page 4
subject to an order suspending the license or permit. The
certification must include the information specified in ORS
25.750 (1).
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Passed by Senate April 19, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 15, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 340 (SB 340-A) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 340 (SB 340-A) Page 6