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Current through October 23, 2012
(a) Notwithstanding any other law or regulation, no car registration or driver's license shall be renewed or issued to an obligor who fails to comply with a subpoena or warrant relating to paternity or child support proceedings after receiving notice, or to an obligor who is receiving income and who owes overdue child support in an amount equal to at least 60 days of support. Notwithstanding any other law or regulation, a car registration or driver's license that has been issued to an obligor who is receiving income and who owes overdue child support in an amount equal to at least 60 days of support payments shall be suspended.
(b) Notwithstanding any other law or regulation, no professional, business, recreational, or sporting license shall be renewed or issued in the District to an obligor who fails to comply with a subpoena or warrant relating to paternity or child support proceedings after receiving notice, or to an obligor who is receiving income and who owes overdue child support in an amount equal to at least 60 days of support payments. Notwithstanding any other law or regulation, a professional, business, or recreational or sporting license that has been issued to an obligor who fails to comply with a subpoena or warrant relating to paternity or child support proceedings after receiving notice, or to an obligor who is receiving income and who owes overdue child support in an amount equal to at least 60 days of support payments, shall be suspended.
(b-1) As used in this section, the terms "professional license" and "business license" include any approval, certificate, registration, permit, statutory exemption, or other form of permission to practice a profession or trade, or to operate a business, as granted by a commission, agency, or a professional licensing body of the government of the District of Columbia. The terms "recreational license" and "sporting license" include any approval, certificate, registration, permit, statutory exemption, or other form of permission to hunt, fish, use playing fields, participate in an athletic league, operate a boat or other recreational vehicle for a nonbusiness purpose, or operate or own a weapon for a nonbusiness purpose, as granted by a commission, agency, or a licensing body of the government of the District of Columbia.
(b-2) The obligor shall be entitled to an administrative hearing before the Mayor in accordance with procedures promulgated by the Mayor pursuant to the rulemaking provisions of Chapter 5 of Title 2, before any proposed denial, refusal to renew, or suspension of a license.
(b-3) Upon receipt of a notice from the Mayor that a license is subject to denial, refusal to renew, or suspension, the licensing agency shall, within 30 days, deny, refuse to renew, or suspend the license. The obligor may appeal the final decision of the Mayor to the Superior Court in accordance with the methods and standards of appeal set forth in §§ 2-509 and 2-510.
(c) The Mayor shall provide 30 days written notice to the obligor before denying issuance or renewal, or suspending the car registration or the driver's, professional, business, recreational, or sporting license of an obligor pursuant to this section. The notice shall specify:
(1) That the obligor has the right to a hearing before the Mayor;
(2) How, when, and where the notice can be contested;
(3) The amount owed, if any;
(4) The date on which the obligor failed to comply with a subpoena or warrant, if applicable, and the nature of the obligor's noncompliance;
(5) That the licensing authority shall deny issuance or renewal, or suspend the registration or license, 30 days after the issuance of a decision against the obligor by the Mayor following the hearing unless:
(A) An obligor who is receiving income and who owes overdue child support in an amount equal to at least 60 days of support pays the arrearage in full, or the obligor agrees to and complies with a payment schedule that requires the obligor to make monthly child support payments toward the overdue support in an amount equal to 25% of the obligor's current monthly child support obligation for as long as the obligor is receiving income, subject to the limitations of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 146; 15 U.S.C. § 1601 et seq.). If the obligor fails to comply with the payment schedule after 30 days, but before the arrears are paid in full, denial or suspension shall take place immediately and without further notice;
(B) An obligor who has failed to comply with a subpoena or warrant related to paternity or child support proceedings, complies with all process required by the Superior Court or IV-D agency for 30 days; or
(C) An obligor who is receiving income, owes at least 60 days of overdue child support, and has failed to comply with a subpoena or warrant related to paternity or child support proceedings complies with both subparagraphs (A) and (B) of this paragraph; and
(6) That the obligor shall not be entitled to an additional hearing or review regarding the denial or suspension of the license.
(d) The Mayor shall provide the obligor with the opportunity to demonstrate why his or her registration or license should not be denied or suspended under this section. The only issues to be determined are as follows:
(1) Whether the person named in the court notice is a licensee or applicant, has his or her car registered in the District of Columbia, and seeks to have a car registration issued or renewed;
(2) Whether the arrearage has been paid in full, or whether a payment schedule has been agreed to and complied with, if the basis for denial or suspension is failure to pay overdue child support;
(3) Whether the obligor is currently receiving income, if the basis for denial or suspension is failure to pay overdue child support;
(3A) Whether the obligor failed to comply with a subpoena or warrant relating to paternity or child support proceedings after receiving notice; and
(4) Whether the driver's license or car registration or professional, business, recreational, or sporting license, should be suspended, or the issuance or renewal should be denied.
(e) If the Clerk of the Court has notified the Mayor that an obligor has failed to comply with a subpoena or warrant relating to paternity or child support proceedings or that an obligor is receiving income and owes child support in an amount equal to at least 60 days of support, and the obligor presents no evidence under subsection (d) of this section that the obligor has complied with the terms described in subsection (c)(5) of this section, as applicable, the obligor's license or registration shall be suspended, or the request for the issuance or renewal of the license or registration shall be denied.
(f) If the obligor under this subchapter is a member of the District of Columbia Bar, the Clerk of the Court shall send written notice to the Board of Professional Responsibility so that appropriate action may be taken.
(g) No liability shall be imposed on a licensing authority for refusing to renew, refusing to issue, or suspending a registration or license if the action is taken in response to a court or administrative order pursuant to this section.
(Feb. 24, 1987, D.C. Law 6-166, § 26a, as added Feb. 13, 1996, D.C. Law 11-87, § 3(b), 42 DCR 6767; Apr. 3, 2001, D.C. Law 13-269, § 108(x), 48 DCR 1270; Mar. 14, 2007, D.C. Law 16-279, § 208, 54 DCR 903.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-525.1.
Effect of Amendments
D.C. Law 13-269 rewrote the section which had read:
"(a) Notwithstanding any other law or regulation, no car registration or driver's license shall be renewed or issued to an obligor who is receiving income and who owes overdue child support in an amount equal to at least 60 days of support. A car registration or driver's license that has been issued to an obligor who is receiving income and who owes overdue child support in an amount equal to at least 60 days of support payments shall be revoked.
"(b) Notwithstanding any other law or regulation, no professional or business license shall be renewed or issued in the District to an obligor who is receiving income and who owes overdue child support in an amount equal to at least 60 days of support payments. A professional or business license that has been issued to an obligor who is receiving income and who owes overdue child support shall be revoked. As used in this subsection, the term 'professional or business license' includes any approval, certificate, registration, permit, statutory exemption, or other form of permission to practice a profession or to operate a business, as granted by a commission or a professional licensing body of the government of the District of Columbia.
"(c) Prior to an act to deny issuance or renewal, or an act to revoke, the car registration, driver's license, or professional or business license of an obligor who is receiving income and who owes overdue child support, the Mayor must provide 30-days written notice to the obligor. The notice shall specify:
"(1) The amount of arrears owed;
"(2) How, when, and where the notice can be contested;
"(3) That the licensing authority will deny issuance or renewal, or revoke the registration or license 30 days after the issuance of the notice unless the arrearage is paid in full, or the obligor agrees to a payment schedule that requires the obligor to make monthly child support payments toward overdue support in an amount equal to 25% of the obligor's current monthly child support obligation as long as the obligor is receiving income; and
"(4) That failure to comply with the agreed to payment schedule shall result in the denial of an issuance or renewal, or a revocation, of the obligor's registration or license.
"(d) The Mayor shall provide the obligor with the opportunity to demonstrate why his or her registration or license should not be denied or revoked under this section. The only issues to be determined are as follows:
"(1) Whether the person named in the court notice is a licensee or applicant, has his or her car registered in the District of Columbia, and seeks to have a car registration issued or renewed;
"(2) Whether the arrearage has been paid in full, or whether a payment schedule has been agreed to and complied with;
"(3) Whether the obligor is currently receiving income; and
"(4) Whether the driver's license or car registration or professional or business license should be revoked, or the issuance or renewal should be denied.
"(e) If the Clerk of the Court has notified the Mayor that an obligor is receiving income and owes overdue child support in an amount equal to at least 60 days of support, and the obligor presents no evidence under subsection (d) of this section that the arrearage has been paid in full, or that a payment schedule has been agreed to and complied with, the obligor's license or registration shall be revoked, or the request for the issuance or renewal of a license or registration shall be denied.
"(f) If the obligor under this chapter is a member of the District of Columbia Bar, the Clerk of the Court shall send written notice to the Board of Professional Responsibility so that appropriate action may be taken."
D.C. Law 16-279, substituted "suspended" for "revoked", "suspend" for "revoke", "suspension" for "revocation", and "suspending" for "revoking", wherever each respective word appeared throughout the section.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 7(w) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 107(x) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 107(x) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary amendment of section, see § 7(m) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).
For temporary amendment of section, see § 7(w) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(w) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(w) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(w) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary (90-day) amendment of section, see § 107(x) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 107(x) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 107(x) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 107(x) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 108(x) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
Law 11-87, the "Child Support Enforcement and Licensing Compliance Amendment Act of 1995," was introduced in Council and assigned Bill No. 11-225, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on October 10, 1995, and November 7, 1995, respectively. Signed by the Mayor on November 27, 1995, it was assigned Act No. 11-158 and transmitted to both Houses of Congress for its review. D.C. Law 11-87 became effective on February 13, 1996.
For D.C. Law 13-269, see notes following § 46-201.
Law 16-279, the "Department of Motor Vehicles Service and Safety Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-821, which was referred to Committee on Public Works and Environment. The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-636 and transmitted to both Houses of Congress for its review. D.C. Law 16-279 became effective on March 14, 2007.
