Washington Code 74.20A.320 – License suspension — Notice of noncompliance with a child support order — License renewal and reinstatement
Current as of: 2023 | Check for updates
|
Other versions
(1) The department may serve upon a responsible parent a notice informing the responsible parent of the department’s intent to submit the parent’s name to the department of licensing and any appropriate licensing entity as a licensee who is not in compliance with a child support order.
Terms Used In Washington Code 74.20A.320
- Child support order: means a superior court order or an administrative order. See Washington Code 74.20A.020
- Department: means the state department of social and health services. See Washington Code 74.20A.020
- License: means a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity to a licensee evidencing admission to or granting authority to engage in a profession, occupation, business, industry, recreational pursuit, or the operation of a motor vehicle. See Washington Code 74.20A.020
- Licensee: means any individual holding a license, certificate, registration, permit, approval, or other similar document issued by a licensing entity evidencing admission to or granting authority to engage in a profession, occupation, business, industry, recreational pursuit, or the operation of a motor vehicle. See Washington Code 74.20A.020
- Licensing entity: includes any department, board, commission, or other organization authorized to issue, renew, suspend, or revoke a license authorizing an individual to engage in a business, occupation, profession, industry, recreational pursuit, or the operation of a motor vehicle, and includes the Washington state supreme court, to the extent that a rule has been adopted by the court to implement suspension of licenses related to the practice of law. See Washington Code 74.20A.020
- 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.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Responsible parent: means a natural parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics. See Washington Code 74.20A.020
- State: means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See Washington Code 74.20A.020
(a) If the support order establishing or modifying the child support obligation includes a statement required under RCW 26.23.050 that the responsible parent’s privileges to obtain and maintain a license may not be renewed or may be suspended if the parent is not in compliance with a support order, the department may send the notice required by this section to the responsible parent by regular mail, addressed to the responsible parent’s last known mailing address on file with the department or by personal service. Notice by regular mail is deemed served three days from the date the notice was deposited with the United States postal service.
(b) If the support order does not include a statement as required under RCW 26.23.050 that the responsible parent’s privileges to obtain and maintain a license may not be renewed or may be suspended if the parent is not in compliance with a support order, service of the notice required by this section to the responsible parent must be by certified mail, return receipt requested. If service by certified mail is not successful, service shall be by personal service.
(2) The notice of noncompliance must include the following information:
(a) The address and telephone number of the department’s division of child support office that issued the notice;
(b) That in order to prevent the department from certifying the parent’s name to the department of licensing or any other licensing entity, the parent has twenty days from receipt of the notice to contact the department and:
(i) Pay the overdue support amount in full;
(ii) Request an adjudicative proceeding as provided in RCW 74.20A.322;
(iii) Agree to a payment schedule with the department as provided in RCW 74.20A.326; or
(iv) File an action to modify the child support order with the appropriate court or administrative forum, in which case the department will stay the certification process up to six months;
(c) That failure to contact the department within twenty days of receipt of the notice will result in certification of the responsible parent’s name to the department of licensing and any other appropriate licensing entity for noncompliance with a child support order. Upon receipt of the notice:
(i) The licensing entity will suspend or not renew the parent’s license and the department of licensing will suspend or not renew any driver’s license that the parent holds until the parent provides the department of licensing and the licensing entity with a release from the department stating that the responsible parent is in compliance with the child support order;
(ii) The department of fish and wildlife will suspend a fishing license, hunting license, occupational licenses, such as a commercial fishing license, or any other license issued under chapter 77.32 RCW that the responsible parent may possess, and suspension of a license by the department of fish and wildlife may also affect the parent’s ability to obtain permits, such as special hunting permits, issued by the department. Notice from the department of licensing that a responsible parent’s driver’s license has been suspended shall serve as notice of the suspension of a license issued under chapter 77.32 RCW;
(d) That suspension of a license will affect insurability if the responsible parent’s insurance policy excludes coverage for acts occurring after the suspension of a license;
(e) If the responsible parent subsequently comes into compliance with the child support order, the department will promptly provide the parent and the appropriate licensing entities with a release stating that the parent is in compliance with the order.
(3) When a responsible parent who is served notice under subsection (1) of this section subsequently complies with the child support order, a copy of a release stating that the responsible parent is in compliance with the order shall be transmitted by the department to the appropriate licensing entities.
(4) The department of licensing and a licensing entity may renew, reinstate, or otherwise extend a license in accordance with the licensing entity’s or the department of licensing’s rules after the licensing entity or the department of licensing receives a copy of the release specified in subsection (3) of this section. The department of licensing and a licensing entity may waive any applicable requirement for reissuance, renewal, or other extension if it determines that the imposition of that requirement places an undue burden on the person and that waiver of the requirement is consistent with the public interest.
NOTES:
Effective dates—1997 c 58: “*(2) Sections 801 through 887, 889, and 890 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 1997.
(3) Sections 701 through 704 of this act take effect January 1, 1998.
(4) Section 944 of this act takes effect October 1, 1998.” [ 1997 c 58 § 1013.]
*Reviser’s note: Subsection (1) of this section was vetoed by the governor. The vetoed language is as follows:
“(1) Sections 1, 2, 101 through 110, 201 through 207, 301 through 329, 401 through 404, 501 through 506, 601, 705, 706, 888, 891 through 943, 945 through 948, and 1002 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.”
Intent—1997 c 58: “It is the intent of the legislature to provide a strong incentive for persons owing child support to make timely payments, and to cooperate with the department of social and health services to establish an appropriate schedule for the payment of any arrears. To further ensure that child support obligations are met, sections 801 through 890 of this act establish a program by which certain licenses may be suspended or not renewed if a person is one hundred eighty days or more in arrears on child support payments.
In the implementation and management of this program, it is the legislature’s intent that the objective of the department of social and health services be to obtain payment in full of arrears, or where that is not possible, to enter into agreements with delinquent obligors to make timely support payments and make reasonable payments towards the arrears. The legislature intends that if the obligor refuses to cooperate in establishing a fair and reasonable payment schedule for arrears or refuses to make timely support payments, the department shall proceed with certification to a licensing entity or the department of licensing that the person is not in compliance with a child support order.” [ 1997 c 58 § 801.]
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.