454.1005. Hearing to show cause for suspension of a license, procedure.
Hearing to show cause for suspension of a license, procedure.
454.1005. 1. To show cause why suspension of a license may not beappropriate, the obligor shall request a hearing from the court or divisionthat issued the notice of intent to suspend the license. The request shallbe made within sixty days of the date of service of notice.
2. If an obligor fails to respond, without good cause, to a notice ofintent to suspend a license, timely request a hearing or comply with apayment plan, the obligor's defenses and objections shall be considered tobe without merit and the court or director may enter an order suspendingthe obligor's license and ordering the obligor to refrain from engaging inthe licensed activity.
3. Upon timely receipt of a request for hearing from an obligor, thecourt or director shall schedule a hearing to determine if suspension ofthe obligor's license is appropriate. The court or director shall staysuspension of the license pending the outcome of the hearing.
4. If the action involves an arrearage, the only issues that may bedetermined in a hearing pursuant to this section are:
(1) The identity of the obligor;
(2) Whether the arrearage is in an amount greater than or equal tothree months of support payments or two thousand five hundred dollars,whichever is less, by the date of service of a notice of intent to suspend;and
(3) Whether the obligor has entered a payment plan.
If the action involves a failure to comply with a subpoena or order, theonly issues that may be determined are the identity of the obligor andwhether the obligor has complied with the subpoena or order.
5. If the court or director, after hearing, determines that theobligor has failed to comply with any of the requirements in subsection 4of this section, the court or director shall issue an order suspending theobligor's license and ordering the obligor to refrain from engaging in thelicensed activity.
6. The court or division shall send a copy of the order suspending alicense to the licensing authority and the obligor by certified mail.
7. The determination of the director, after a hearing pursuant tothis section, shall be a final agency decision and shall be subject tojudicial review pursuant to chapter 536, RSMo. Administrative hearingsheld pursuant to this section shall be conducted by hearing officersappointed by the director of the department pursuant to subsection 1 ofsection 454.475.
8. A determination made by the court or division pursuant to thissection is independent of any proceeding of the licensing authority tosuspend, revoke, deny, terminate or renew a license.
(L. 1997 S.B. 361)Effective 7-1-97