CSPMTL 66 (License Suspension and Reinstatement)
Child Support Program Manual Transmittal Letter No. 66
April 12, 2012
TO: All Child Support Program Manual Holders
FROM: Michael B. Colbert, Director
SUBJECT: License Suspension and Reinstatement; JFS 04024, JFS 04039, JFS 04016, JFS 07230, JFS 07232, & JFS 07229

The Office of Child Support (OCS) has rescinded the following rules:

Rescinded RuleRescinded Rule TitlePrior Effective Date of RuleEffective Date of Rescission
5101:12‑55‑25License Suspension.6/15/20085/1/2012
This rule described when a child support enforcement agency (CSEA) may, as an enforcement technique, submit an obligor to a licensing entity to suspend, refuse, or deny to renew a license.
5101:12‑55‑26Suspension of License to Practice Law.6/15/20085/1/2012
This rule described when a child support enforcement agency (CSEA) may, as an enforcement technique, refer an obligor who is licensed to practice law in the state of Ohio to the Ohio supreme court for suspension of a license to practice law.

OCS has adopted the following rules:

Adopted RuleAdopted Rule TitleEffective Date of Adopted Rule
5101:12‑55‑25License Suspension.5/1/2012
This rule describes when a child support enforcement agency (CSEA) may, as an enforcement technique, submit an obligor to a licensing entity to suspend, refuse, or deny to renew a professional, driver's, or recreational license.
Changes from the rescinded rule include: an expanded list of case requirements which must be met before an obligor may be considered for license suspension, the requirement for a CSEA to utilize a specific pre-suspension notification form, and removal of reinstatement criteria which has been moved into new rule 5101:12‑55‑25.1. This rule replaces part of rescinded rule 5101:12‑55‑25.
This rule is authorized by ORC sections 3125.25 and 3123.63; and amplifies sections 3123.41 to 3123.50, 3123.53 to 3123.60, 3123.62, and 3123.63. Prior Effective Dates: 10/1/96, 1/1/98, 6/2/01, 10/14/01, 1/1/06, 6/15/2008.
5101:12‑55‑25.1License Reinstatement.5/1/2012
This new rule describes the process and required criteria a child support enforcement agency (CSEA) shall use to reinstate a professional, recreational, or driver's license that has been suspended.
This rule replaces part of rescinded rule 5101:12‑55‑25.
This rule is authorized by ORC sections 3125.25 and 3123.63; and amplifies sections 3123.41 to 3123.50, 3123.53 to 3123.60, 3123.62, and 3123.63.
5101:12‑55‑25.2Driver's License Abstract.5/1/2012
This new rule describes the process and criterion a child support enforcement agency (CSEA) shall use to direct the registrar of motor vehicles to eliminate from the abstract maintained by the bureau of motor vehicles (BMV) any reference of a previous license suspension.
This rule is authorized by ORC sections 3125.25 and 3123.63; and amplifies section 3123.63.
5101:12‑55‑26Suspension and reinstatement of license to practice law.5/1/2012
This rule describes when a child support enforcement agency (CSEA) may, as an enforcement technique, refer an obligor who is licensed to practice law in the state of Ohio to the Ohio supreme court for suspension of a license to practice law.
Changes from the rescinded rule include: an expanded list of case requirements which must be met before an obligor may be considered for license suspension, and the requirement for a CSEA to utilize a specific pre-suspension notification form, and describes the process and criteria a child support enforcement agency (CSEA) shall use to reinstate a license that has been suspended.
This rule is authorized by ORC section 3125.25; and amplifies sections 3125.03 and 4705.021. Prior Effective Dates: 1/1/06, 6/15/08.

OCS has rescinded the following forms:

Rescinded FormRescinded Form TitlePrior Effective Date of FormEffective Date of Rescission
JFS 07229Notice to Obligor: Proposed Action to Suspend Driver's License.11/20055/1/2012
JFS 07232Notice to Obligor: Proposed Action to Suspend Professional or Recreation License.11/20055/1/2012
JFS 04039Suspension Notification for a Professional, Motor Vehicle Operator, and/or Recreational License.2/20065/1/2012

OCS has adopted the following forms:

Adopted FormAdopted Form TitleEffective Date of Form
JFS 04016Notice to Expunge a Driver's Abstract.3/1/2012
This form is used to notify the bureau of motor vehicles that a case specific reference to a previous license suspension on an obligors abstract should be expunged.
JFS 04024Advance Notice to Suspend Professional, Recreational, and/or Driver's License.3/1/2012
This notice informs an obligor of the potential for their professional, recreational, and/or drivers licenses to be suspended. The form includes information about the effect a suspension may have and steps the obligor may take to prevent such an action from occurring.

OCS has revised the following forms:

Revised FormRevised Form TitlePrior Effective Date of FormEffective Date of Revision
JFS 07230Advance Notice to Suspend License to Practice Law.11/20053/1/2012
This notice informs an obligor of the potential for their law license to be suspended. The form includes information about the effect a suspension may have and steps the obligor may take to prevent such an action from occurring.

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 amended rule will be inserted and the previous version will be moved to the OAC Archive section of the eManuals.
  • An adopted rule will be inserted.
  • A revised form will be replaced with the amended form.
  • A no change rule will continue with the same effective date.

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 InnerWeb page at:

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

or on the ODJFS Forms Central Internet page at:

http://www.odjfs.state.oh.us/forms/inter.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 and amended rules contained in this CSPMTL to determine whether they require the CSEA to update its internal procedural handbook. The CSEA should give particular care when reviewing the rules as they contain new or modified requirements with which the CSEA must comply.