(A) This rule
describes the process a child support enforcement agency (CSEA) shall use to
reinstate a professional, recreational, or driver's license that has been
suspended.
(B) A CSEA shall
send an electronic notice through the support
enforcement tracking system (SETS) or,
when an electronic notice is not available, a JFS 04042, "Notice to Reinstate/Reissue
a License" (effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code), to the licensing entity to which it
sent a JFS 04041, "Notice to Suspend Professional, Motor Vehicle Operator
and Recreational License" (effective or revised effective date as
identified in rule 5101:12-55-99 of the Administrative Code), within seven days
of one of the following:
(1) There has been
a determination that the obligor is no longer in default; or
(2) The court or
CSEA that issued a warrant or subpoena removes the warrant or determines that
the obligor has complied with the subpoena in accordance with section 3123.46
of the Revised Code; or
(3) The following
occurs:
(a) The obligor
pays the full arrears balance owed as of the date of the payment; or
(b) When paragraph
(B)(3)(a) of this rule is not possible, the obligor presents evidence of
employment or a financial institution account and the agency has confirmed said
employment or financial institution account as described in paragraph (C) of
this rule; or
(c) When
paragraphs (B)(3)(a) and (B)(3)(b) of this rule are not possible, the obligor
presents evidence that the obligor is unable to work due to circumstances
beyond the obligor's control and it is accepted as such by the agency; or
(d) When
paragraphs (B)(3)(a) to (B)(3)(c) of this rule are not possible, the obligor
complies with a written agreement to complete a family support program
administered or approved by the agency, or a program that will establish
compliance with a seek work order; or
(e) When
paragraphs (B)(3)(a) to (B)(3)(d) of this rule are not possible, the obligor
pays the balance of the total monthly obligation due for the ninety-day period
preceding the date the agency sent the pre-suspension notice.
(C) Confirming
employment status or financial institution account information.
When the obligor requests reinstatement of a license based upon
paragraph (B)(3)(b) of this rule, the CSEA shall proceed as follows:
(1) Upon receipt
of evidence from the obligor of employment or of an account at a financial
institution, the CSEA shall confirm the information provided and reinstate the
obligor's license as described in paragraph (B) of this rule after an income
withholding has been issued to that employer or financial institution.
(2) When
information previously provided by the obligor, which resulted in a
reinstatement under paragraph (B)(3)(b) of this rule did not result in a
payment being received from that payor, any subsequent reinstatement requests
based upon paragraph (B)(3)(b) of this rule shall only be granted once a
payment has been received via withholding from the payor.
(3) When the CSEA
determines that an obligor has a history of frequently changing employment or
financial institution accounts, a reinstatement request based upon paragraph
(B)(3)(b) of this rule shall only be granted once one full month's obligation
has been received via withholding from the provided payor.
(D) When the CSEA
submits an obligor in error to a licensing entity for the suspension or refusal
of or denial to renew a license, the CSEA shall immediately issue an electronic
notice through SETS or, when an electronic notice is not available, a JFS
04038, "Notice of Correction of a License
Suspension" (effective or revised effective date as identified in rule
5101:12-55-99 of the Administrative Code), to the licensing entity to which it
sent the JFS 04041.
Effective: 08/01/2017
Five Year Review (FYR) Dates: 04/25/2017 and 08/01/2022
Certification: CERTIFIED ELECTRONICALLY
Date: 07/06/2017
Promulgated Under: 119.03
Statutory Authority: 3123.63, 3125.25
Rule Amplifies: 3123.41 to 3123.50, 3123.53 to 3123.60, 3123.62,
3123.63
Prior Effective Dates: 10/1/96, 1/1/98, 6/2/01, 10/14/01,
1/1/06, 6/15/08, 5/1/12, 2/1/16