454.1003. Suspension of a professional or occupational license, when, procedure.
Suspension of a professional or occupational license, when,procedure.
454.1003. 1. A court or the director of the division of childsupport enforcement may issue an order, or in the case of a business,professional or occupational license, only a court may issue an order,suspending an obligor's license and ordering the obligor to refrain fromengaging in a licensed activity in the following cases:
(1) When the obligor is not making child support payments inaccordance with a court order and owes an arrearage in an amount greaterthan or equal to three months support payments or two thousand five hundreddollars, whichever is less, as of the date of service of a notice of intentto suspend such license; or
(2) When the obligor or any other person, after receiving appropriatenotice, fails to comply with a subpoena of a court or the directorconcerning actions relating to the establishment of paternity, or to theestablishment, modification or enforcement of support orders, or order ofthe director for genetic testing.
2. In any case but a IV-D case, upon the petition of an obligeealleging the existence of an arrearage, a court with jurisdiction over thesupport order may issue a notice of intent to suspend a license. In a IV-Dcase, the director, or a court at the request of the director, may issue anotice of intent to suspend.
3. The notice of intent to suspend a license shall be served on theobligor personally or by certified mail. If the proposed suspension oflicense is based on the obligor's support arrearage, the notice shall statethat the obligor's license shall be suspended sixty days after serviceunless, within such time, the obligor:
(1) Pays the entire arrearage stated in the notice;
(2) Enters into and complies with a payment plan approved by thecourt or the division; or
(3) Requests a hearing before the court or the director.
4. In a IV-D case, the notice shall advise the obligor that hearingsare subject to the contested case provisions of chapter 536, RSMo.
5. If the proposed suspension of license is based on the allegedfailure to comply with a subpoena relating to paternity or a child supportproceeding, or order of the director for genetic testing, the notice ofintent to suspend shall inform the person that such person's license shallbe suspended sixty days after service, unless the person complies with thesubpoena or order.
6. If the obligor fails to comply with the terms of repaymentagreement, a court or the division may issue a notice of intent to suspendthe obligor's license.
7. In addition to the actions to suspend or withhold licensespursuant to this chapter, a court or the director of the division of childsupport enforcement may restrict such licenses in accordance with theprovisions of this chapter.
(L. 1997 S.B. 361)Effective 7-1-97