CSPMTL 29 (License Suspension Rules.)
Child Support Program Manual Transmittal Letter No. 29
June 19, 2008
TO: All Child Support Program Manual Holders
FROM: Helen E. Jones-Kelley, Director
SUBJECT: License Suspension Rules.

The Office of Child Support (OCS) has proposed to rescind the following rules. The rules have been reviewed in accordance with section 119.032 of the Revised Code, which requires the review of all state agency rules within a five-year period.

Rescinded RuleRescinded Rule TitlePrior Effective Date of RuleEffective Date of Rescission
5101:12‑55‑25License suspension.01/01/200606/15/2008
This rule describes the types of licenses that are subject to suspension, refusal, or denial to renew; the requirements and process by which the license can be suspended, refused, or denied renewal; and the process to reinstate the license. This rule is being proposed for rescission and replaced by a new rule because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added. The new rule will have the same rule number and title.
5101:12‑55‑26Suspension of license to practice law.01/01/200606/15/2008
This rule describes the requirements and process to suspend a license to practice law in Ohio and the process to reinstate the license. This rule is being proposed for rescission and replaced by a new rule because more than fifty percent of this rule is being stricken and a comparable amount of new text is being added. The new rule will have the same rule number and title.

OCS has proposed to adopt the following rules:

Adopted RuleAdopted Rule TitleEffective Date of Adopted Rule

5101:12‑55‑25

License suspension.06/15/2008
This rule describes the types of licenses that are subject to suspension, refusal, or denial to renew; the requirements and process by which the license can be suspended, refused, or denied renewal; and the process to reinstate the license. Changes from the rescinded rule include: deleted references to actions completed by the licensing entity; clarified that the CSEA may not suspend a recreational license until the Department of Natural Resources has implemented a computer system; in paragraph (D) clarified that the CSEA may use the JFS 07229, JFS 07232, or create its own notice; added language in paragraph (F) regarding reinstating the license via the JFS 04038 when it has been suspended by mistake; and added new paragraph (G) to require the CSEA to have written procedures of the license suspension process and to maintain a copy if it creates the form referenced in paragraph (D).
This rule replaces rule 5101:12‑55‑25, is authorized by ORC sections 3123.63 and 3125.25, and amplifies ORC sections 3123.41 to 3123.62.

5101:12‑55‑26

Suspension of license to practice law.06/15/2008
This rule describes the requirements and process to suspend a license to practice law in Ohio and the process to reinstate the license. Changes from the rescinded rule include: deleted references to actions completed by the Supreme Court; added provisions to reinstate the license when it has been suspended by mistake or when the obligor is no longer in default; and added a new paragraph (E) to require the CSEA to have written procedures of the license suspension process and to maintain a copy if it creates the form referenced in paragraph (B).
This rule replaces rule 5101:12‑55‑26, is authorized by ORC sections 3123.63 and 3125.25, and amplifies ORC sections 3123.41 to 3123.50 and 4705.021.

INSTRUCTIONS:

When the CSPMTL is published, the CSPM will be updated as follows:

  • A rescinded rule will be moved from the CSPM to the OAC Archive section of the eManuals.
  • An adopted rule will be inserted.
  • An amended form will be inserted.

The rules and forms in the CSPM can be accessed at:

http://emanuals.jfs.ohio.gov.

Forms can also be accessed on the ODJFS Forms Central web page at:

http://www.odjfs.state.oh.us/forms/inner.asp

INSTRUCTIONS for CSEA INTERNAL PROCEDURAL HANDBOOK:

Paragraph (I)(1) of OAC rule 5101:12-1-01 states that, whenever a program change requires modification of local procedures, the CSEA is required to revise its internal procedural handbook and submit the revision to OCS within thirty days of the revision. The CSEA should carefully review the adopted rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook.

RuleParagraph(s)
5101:12‑55‑25(F) and (G)
5101:12‑55‑26(D) and (E)