§ 110-142.1. IV-D notified suspension, revocation, and issuance of occupational, professional, or business licenses of obligors who are delinquent in court-ordered child support or who are not in comp
§ 110‑142.1. IV‑Dnotified suspension, revocation, and issuance of occupational, professional, orbusiness licenses of obligors who are delinquent in court‑ordered childsupport or who are not in compliance with subpoenas issued pursuant to childsupport or paternity establishment proceedings.
(a) Effective July 1,1996, the Department of Health and Human Services may notify any board that aperson licensed by that board is not in compliance with an order for childsupport or has been found by the court not to be in compliance with a subpoenaissued pursuant to child support or paternity establishment proceedings.
(b) The designatedrepresentative shall submit a certified list with the names, social securitynumbers, and last known address of individuals who are not in compliance with achild support order or with a subpoena issued pursuant to a child support orpaternity establishment proceeding. The designated representative shall verify,under penalty of perjury, that the individuals listed are subject to an orderfor the payment of support and are not in compliance with the order, or havebeen found by the court to be not in compliance with a subpoena issued pursuantto a child support or paternity establishment proceeding. The verificationshall include the name, address, and telephone number of the designatedrepresentative who certified the list. An updated certified list shall besubmitted to the Department on a monthly basis.
The Department of Health andHuman Services, Division of Social Services, Child Support Enforcement Office,shall consolidate the certified lists received from the designatedrepresentatives and, within 30 calendar days of receipt, shall furnish eachboard with a certified list of the individuals, as specified in this section.
(c) Each board shallcoordinate with the Department of Health and Human Services, Division of SocialServices, Child Support Enforcement Office, in the development of forms andprocedures to implement this section.
(d) Promptly afterreceiving the certified list of individuals from the Department of Health andHuman Services, each board shall determine whether its applicant or licensee isan individual on the list. If the applicant or licensee is on the list, theboard shall immediately send notice as specified in this subsection to theapplicant or licensee of the board's intent to revoke or suspend the licensee'slicense in 20 days from the date of the notice, or that the board iswithholding issuance or renewal of an applicant's license, until the designatedrepresentative certifies that the applicant or licensee is entitled to belicensed or reinstated. The notice shall be made personally or by certifiedmail to the individual's last known mailing address on file with the board.
(e) Unless notified bythe designated representative as provided in subsection (h) of this section,the board shall revoke or suspend the individual's license 20 days from thedate of the notice to the individual of the board's intent to revoke or suspendthe license. In the event that a license is revoked or application is deniedpursuant to this section, the board is not required to refund fees paid by theindividual.
(f) Notices shall bedeveloped by each board in accordance with guidelines provided by theDepartment of Health and Human Services and shall be subject to the approval ofthe Department of Health and Human Services. The notice shall include theaddress and telephone number of the designated representative who submitted thename on the certified list, and shall emphasize the necessity of obtaining acertification of compliance from the designated representative or the childsupport enforcement agency as a condition of issuance, renewal, orreinstatement of the license. The notice shall inform the individual that if alicense is revoked or application is denied pursuant to this subsection, theboard is not required to refund fees paid by the individual. The Department ofHealth and Human Services shall also develop a form that the individual shalluse to request a review by the designated representative. A copy of this formshall be included with every notice sent pursuant to subsection (d) of thissection.
(g) The Department ofHealth and Human Services shall establish review procedures consistent withthis section to allow an individual to have the underlying arrearage and anyrelevant defenses investigated, to provide an individual information on theprocess of obtaining a modification of a support order, or, if thecircumstances so warrant, to provide an individual assistance in theestablishment of a payment schedule on arrears.
(h) If the individualwishes to challenge the submission of the individual's name on the certifiedlist, or if the individual wishes to negotiate a payment schedule, theindividual shall within 14 days of the date of notice from the board request areview from the designated representative. The designated representative shallwithin six days of the date of the request for review notify the appropriateboard of the request for review and direct the board to stay any actionrevoking or suspending the individual's license until further notice from thedesignated representative. The designated representative shall review the caseand inform the individual in writing of the representative's findings and decisionupon completion of the review. If the findings so warrant, the designatedrepresentative shall immediately send a notice to the appropriate boardcertifying the individual's compliance with this section. The agreement shallalso provide for the maintenance of current support obligations and shall beincorporated into a consent order to be entered by the court. If the individualfails to meet the conditions of this subsection, the designated representativeshall notify the appropriate board to immediately revoke or suspend theindividual's license. Upon receipt of notice from the designatedrepresentative, the board shall immediately revoke or suspend the individual'slicense.
(i) The designatedrepresentative shall notify the individual in writing that the individual may,by filing a motion, request any or all of the following:
(1) Judicial review ofthe designated representative's decision.
(2) A judicialdetermination of compliance.
(3) A modification ofthe support order.
The notice shall also containthe name and address of the court in which the individual shall file the motionand inform the individual that the individual's name shall remain on thecertified list unless the judicial review results in a finding by the courtthat the individual is in compliance with this section. The notice shall alsoinform the individual that the individual must comply with all statutes andrules of court regarding motions and notices of hearing and that any motionfiled under this section is subject to the limitations of G.S. 50‑13.10.
(j) The motion forjudicial review of the designated representative's decision shall state thegrounds for which review is requested and judicial review shall be limited tothose stated grounds. After service of the request for review, the court shallhold an evidentiary hearing at the next regularly scheduled session for thehearing of child support matters in civil district court. The request forjudicial review shall be served by the individual upon the designatedrepresentative who submitted the individual's name on the certified list withinseven calendar days of the filing of the motion.
(k) If the judicialreview results in a finding by the court that the individual is no longer inarrears or that the individual's license should be reinstated to allow theindividual an opportunity to comply with a payment schedule on arrears orreimbursement and current support obligations, the designated representativeshall immediately send a notice to the appropriate board certifying the individual'scompliance with this section. If the judicial review results in a finding thatthe individual has complied with or is no longer subject to the subpoena thatwas the basis for the revocation, then the designated representative shallimmediately send a notice to the appropriate board certifying the individual'scompliance with this section. In the event of an appeal from judicial review,the license revocation shall not be stayed unless the court specificallyprovides otherwise.
(l) The Department ofHealth and Human Services shall prescribe forms for use by the designatedrepresentative. When the individual is no longer in arrears or negotiates anagreement with the designated representative for a payment schedule on arrearsor reimbursement, the designated representative shall mail to the individualand the appropriate board a notice certifying that the individual is incompliance. The receipt of certification shall serve to notify the individualand the board that, for the purposes of this section, the individual is incompliance with the order for support. When the individual has complied with oris no longer subject to a subpoena issued pursuant to a child support orpaternity establishment proceeding, the designated representative shall mail tothe individual and the appropriate board a notice certifying that theindividual is in compliance. The receipt of certification shall serve to notifythe individual and the board that the individual is in compliance with thissection.
(m) The Department of Healthand Human Services may enter into interagency agreements with the boardsnecessary to implement this section.
(n) The proceduresspecified in Articles 3 and 3A of Chapter 150B of the General Statutes, theAdministrative Procedure Act, shall not apply to the denial or failure to issueor renew a license pursuant to this section.
(o) Any board receivingan inquiry as to the licensed status of an applicant or licensee who has had alicense denied or revoked under this section shall respond only that the licensewas denied or revoked pursuant to this section. Information collected pursuantto this section shall be confidential and shall not be disclosed except inaccordance with the laws of this State.
(p) If any provision ofthis section or its application to any person or circumstance is held invalid,that invalidity shall not affect other provisions or applications of thissection that can be given effect without the invalid provision or application,and to this end the provisions of this section are severable. (1995, c. 538, s. 1.4; 1997‑433,s. 5.1; 1997‑443, ss. 11A.118(a), 122; 1998‑17, s. 1; 2007‑484,ss. 12(a), (b).)