(A) In accordance
with division (B) of section 4705.021 of the Revised Code, 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.
(B) The CSEA may
elect to submit an obligor to the Ohio supreme court to suspend, refuse, or
deny to renew a license to practice law when:
(1) A court or
agency has determined that an individual has failed to comply with a warrant or
subpoena issued by a court or agency with respect to a proceeding to enforce a
child support order, and the CSEA has issued a pre-suspension notice as
outlined in paragraph (C) of this rule at least ten days prior to submission of
an obligor to a licensing entity; or
(2) At least a
ninety-day period has elapsed since a final and enforceable determination of
default has been made and a JFS 04049, "Notice to
Obligor of Default and Potential Action" (effective or revised
effective date as identified in rule 5101:12-55-99 of the Administrative Code),
has been issued to the obligor. Unless the obligor files a mistake of fact
objection to the JFS 04049, the CSEA shall count at least ninety days from the
most recent issuance of the JFS 04049. If the obligor objects, default is considered
final and enforceable on the date established in a CSEA mistake of fact
determination under section 3123.04 of the Revised Code or the court mistake of
fact determination under section 3123.05 of the Revised Code. If the agency or
court mistake of fact determination is silent as to the date of default, the
CSEA shall use the date of issuance of the JFS 04049. Additionally, the CSEA
shall have issued a pre-suspension notice as outlined in paragraph (C) of this
rule at least ten days prior to submission of an obligor to a licensing entity.
(C) The CSEA shall
only send a pre-suspension notice when the CSEA determines that in the
ninety-day period preceding a decision to issue a pre-suspension notice, the
obligor has paid less than fifty per cent of the total monthly ordered
obligation due for that ninety-day period, excluding any state or federal tax
offset amounts received during that ninety-day period. A "ninety-day
period" includes the three full months preceding the month in which the
CSEA is considering sending the pre-suspension notice.
When the CSEA elects to refer an obligor for the suspension of a
license to practice law, the CSEA shall send to the obligor's last known
address by ordinary, first class mail a JFS 07230, "Proposed Action to Deny, Withhold, or Advance Notice to Suspend License to Practice Law"
(effective or revised effective date as identified in rule 5101:12-55-99 of the
Administrative Code).
(D) When the CSEA
elects to proceed with the referral for suspension, the CSEA shall:
(1) Ensure that at
least ten days, but no more than ninety days have elapsed since the issuance of
the pre-suspension notice as described in paragraph (C) of this rule. When more
than ninety days have elapsed a new notice shall be sent to the obligor if the
CSEA still intends to submit an obligor for suspension; and
(2) Send to the
secretary of the board of commissioners on grievances and discipline of the
supreme court and to either the disciplinary counsel or the president,
secretary, and chairperson of each certified grievance committee the following:
(a) A notice
listing the name and social security number or other identification number of
the obligor and requesting the suspension of the obligor's license to practice
law; and
(b) A certified
copy of the court or agency determination of default.
(E) License
reinstatement
(1) The CSEA shall
send 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 secretary of the board of commissioners on
grievances and discipline of the supreme court and to either the disciplinary
counsel or the president, secretary, and chairperson of each certified
grievance committee to which it sent a notice described in paragraph (C) of
this rule, within seven days of one of the following:
(a) There has been
a determination that the obligor is no longer in default; or
(b) 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
(c) The following
occurs:
(i) The obligor
pays the full arrears balance owed as of the date of the payment; or
(ii) When
paragraph (E)(1)(c)(i) 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 (E)(2) of this rule; or
(iii) When
paragraphs (E)(1)(c)(i) and (E)(1)(c)(ii) 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
(iv) When
paragraphs (E)(1)(c)(i) to (E)(1)(c)(iii) 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
(v) When
paragraphs (E)(1)(c)(i) to (E)(1)(c)(iv) of this rule are not possible, the
individual pays the balance of the total monthly obligation due for the
ninety-day period preceding the date the agency sent the pre-suspension notice.
When the court made the determination of default, the CSEA shall
include with the electronic notice or JFS 04042 a certified copy of the
judgment entry reversing the determination of default.
(2) Confirming
employment status or financial institution account information.
When the obligor requests reinstatement of a license based upon
paragraph (E)(1)(c)(ii) of this rule, the CSEA shall proceed as follows:
(a) 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 (E) of this rule after an income
withholding has been issued to that employer or financial institution.
(b) When
information previously provided by the obligor, which resulted in a
reinstatement under paragraph (E)(1)(c)(ii) of this rule did not result in a
payment being received from that payor, any subsequent reinstatement requests
based upon paragraph (E)(1)(c)(ii) of this rule shall only be granted once a
payment has been received via withholding from the payor.
(c) When the CSEA
determines that an obligor has a history of frequently changing employment or
financial institution accounts, a reinstatement request based upon paragraph
(E)(1)(c)(ii) of this rule shall only be granted once one full month's
obligation has been received via withholding from the provided payor.
(3) When the CSEA
determines that the referral for the suspension of a license to practice law
was issued in error, the CSEA shall immediately issue 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 secretary of the board of commissioners on
grievances and discipline of the supreme court and to either the disciplinary
counsel or the president, secretary, and chairperson of each certified
grievance committee.
(F) The CSEA shall
describe the procedures used to submit an obligor to the Ohio supreme court to
suspend, refuse, or deny to renew a license to practice law and to reinstate a
license to practice law in the CSEA's procedural manual.
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: 3125.25
Rule Amplifies: 3125.03, 4705.021
Prior Effective Dates: 1/1/06, 6/15/08, 5/1/12, 2/1/16