Idaho Code 7-1413 – Vacating or Staying an Order Suspending a License
Current as of: 2023 | Check for updates
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(1) Upon motion, a court shall issue an order vacating the suspension of a license due to nonpayment of child support if the licensee is found to have paid all current and delinquent child support, or shall stay the suspension for one hundred eighty (180) days if the licensee pays the current support obligation and enters into a repayment agreement. The moving party shall notify the petitioner and the department, if the department is providing child support services pursuant to title IV-D of the social security act or chapter 2, title 56, Idaho Code, of the pendency of these proceedings.
(2) The department shall vacate the suspension of a license ordered by the department upon payment of all current and delinquent child support, or shall stay the suspension for one hundred eighty (180) days if the licensee pays the current support obligation and enters into a repayment agreement.
Terms Used In Idaho Code 7-1413
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Subpoena: A command to a witness to appear and give testimony.
(3) If the suspension has been stayed and if, at the end of one hundred eighty (180) days, the licensee has maintained current support payments and is in compliance with a repayment agreement, the suspension of the license shall be vacated.
(4) The court or department shall vacate an order suspending a license due to noncompliance with a subpoena, if the licensee complies with the subpoena in a paternity or child support proceeding.
(5) The court may stay an order suspending a license due to substantial noncompliance with a visitation order, for up to one hundred eighty (180) days, upon the licensee’s reasonable assurance of compliance, and shall vacate the suspension if the licensee has complied with the order for visitation during the stay.
(6) The licensing authority shall be notified if the suspension of a license is vacated or stayed. On receipt of such notice, the licensing authority shall restore the licensee to active status upon payment of any applicable fees and satisfaction of any other licensing requirements.