CSSB 109(L&C): "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; and providing for an effective date."
00CS FOR SENATE BILL NO. 109(L&C) 01 "An Act relating to certain licenses and applications for licenses for persons who 02 are not in substantial compliance with orders, judgments, or payment schedules 03 for child support; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 25.27 is amended by adding new sections to read: 06 Sec. 25.27.244. ADVERSE ACTION AGAINST DELINQUENT OBLIGOR'S 07 OCCUPATIONAL LICENSE. (a) The agency shall compile and maintain a list of 08 obligors who are not in substantial compliance with a support order or payment 09 schedule negotiated under (g)(1) of this section. The list must include the names, 10 social security numbers, dates of birth, and last known addresses of the obligors. The 11 list shall be updated by the agency on a monthly basis. 12 (b) The agency shall, on a monthly basis, provide a copy of the list to each 13 licensing entity through a computer-readable magnetic medium. A licensing entity 14 subject to this section shall implement procedures to accept and process the list.
01 Notwithstanding any other law to the contrary, a licensing entity may not issue or 02 renew a license for a person on the list except as provided in this section. 03 (c) Promptly after receiving an application from an applicant and before 04 issuing or renewing a license, a licensing entity shall determine whether the applicant 05 is on the most recent list provided by the agency. If the applicant is on the list, the 06 licensing entity shall immediately serve notice under (e) of this section of the licensing 07 entity's intent to withhold issuance or renewal of the license. The notice shall be 08 considered given when delivered personally to the obligor or deposited in the U.S. mail 09 addressed to the applicant's last known mailing address on file with the licensing 10 entity. 11 (d) A licensing entity shall issue a temporary license valid for a period of 150 12 days to an applicant whose name is on the list if the applicant is otherwise eligible for 13 a license. The temporary license may not be extended. Only one temporary license 14 may be issued during a regular license term and its validity shall coincide with the first 15 150 days of that license term. A license for the full or remainder of the license term 16 may be issued or renewed only upon compliance with this section. If a license or 17 application is denied under this section, funds paid by the applicant or licensee shall 18 be refunded by the licensing entity after retention of the temporary license fee, if any. 19 (e) Notices for use under (c) of this section shall be developed by each 20 licensing entity under guidelines provided by the agency and are subject to approval 21 by the agency. The notice must include the address and telephone number of the 22 agency and shall emphasize the necessity of obtaining a release from the agency as a 23 condition for the issuance or renewal of a license. The notice must inform an 24 applicant whose license is governed by (d) of this section that the licensing entity shall 25 issue a temporary license for 150 calendar days under (d) of this section if the 26 applicant is otherwise eligible and that, upon expiration of that time period, the license 27 will be denied unless the licensing entity has received a release from the agency. The 28 agency shall also develop a form that the applicant may use to request a review by the 29 agency. A copy of this form shall be included with each notice sent under (c) of this 30 section. 31 (f) The agency shall establish review procedures consistent with this section
01 to allow an applicant to have the underlying arrearage and relevant defenses 02 investigated, to provide an applicant information on the process of obtaining a 03 modification of a support order, or to provide an applicant assistance in the 04 establishment of a payment schedule on arrearages if the circumstances warrant. 05 (g) If the applicant wishes to challenge being included on the list, the applicant 06 shall submit to the agency a written request for review within 30 days after receiving 07 the notice under (c) of this section by using the form developed under (e) of this 08 section. Within 30 days after receiving a written request for review, the agency shall 09 inform the applicant in writing of the agency's findings. The agency shall immediately 10 send a release to the appropriate licensing entity and the applicant if any of the 11 following conditions is met: 12 (1) the applicant is found to be in substantial compliance with each 13 support order applicable to the applicant or has negotiated an agreement with the 14 agency for a payment schedule on arrearages and is in substantial compliance with the 15 negotiated agreement; if the applicant fails to be in substantial compliance with an 16 agreement negotiated under this paragraph, the agency shall send to the appropriate 17 licensing entity a revocation of any release previously sent to the entity for that 18 applicant; 19 (2) the applicant has submitted a timely request for review to the 20 agency, but the agency will be unable to complete the review and send notice of 21 findings to the applicant in sufficient time for the applicant to file a timely request for 22 judicial relief within the 150-day period during which the applicant's temporary license 23 is valid under (d) of this section; this paragraph applies only if the delay in completing 24 the review process is not the result of the applicant's failure to act in a reasonable, 25 timely, and diligent manner upon receiving notice from the licensing entity that the 26 applicant's name is on the list; 27 (3) the applicant has, within 30 days after receiving the agency's 28 findings following a request for review under (2) of this subsection, filed and served 29 a request for judicial relief under this section, but a resolution of that relief will not 30 be made within the 150-day period of the temporary license under (d) of this section; 31 this paragraph applies only if the delay in completing the judicial relief process is not
01 the result of the applicant's failure to act in a reasonable, timely, and diligent manner 02 upon receiving the agency's notice of findings; or 03 (4) the applicant has obtained a judicial finding of substantial 04 compliance. 05 (h) An applicant is required to act with diligence in responding to notices from 06 the licensing entity and the agency with the recognition that the temporary license 07 granted under (d) of this section will lapse after 150 days and that the agency and, 08 where appropriate, the court must have time to act within that 150-day period. An 09 applicant's delay in acting, without good cause, that directly results in the inability of 10 the agency to complete a review of the applicant's request or the court to hear the 11 request for judicial relief within the required period does not constitute the diligence 12 required under this section that would justify the issuance of a release. 13 (i) Except as otherwise provided in this section, the agency may not issue a 14 release if the applicant is not in substantial compliance with the order for support or 15 is not in substantial compliance with an agreement negotiated under (g)(1) of this 16 section. The agency shall notify the applicant in writing that the applicant may request 17 any or all of the following: (1) judicial relief from the agency's decision not to issue 18 a release or the agency's decision to revoke a release under (g)(1) of this section; (2) 19 a judicial determination of substantial compliance; (3) a modification of the support 20 order. The notice must also contain the name and address of the court in which the 21 applicant may file the request for relief and inform the applicant that the applicant's 22 name shall remain on the list if the applicant does not request judicial relief within 30 23 days after receiving the notice. The applicant shall comply with all statutes and rules 24 of court implementing this section. This section does not limit an applicant's authority 25 under other law to request an order to show cause or notice of motion to modify a 26 support order or to fix a payment schedule on arrearages accruing under a support 27 order or to obtain a court finding of substantial compliance with a support order. 28 (j) A request for judicial relief from the agency's decision must state the 29 grounds on which relief is requested and the judicial action shall be limited to those 30 stated grounds. Judicial relief under this subsection is not an appeal, and shall be 31 governed by court rules adopted to implement this section. Unless otherwise provided
01 by court rule, the court shall hold an evidentiary hearing within 20 calendar days of 02 the filing of service on the opposing party. The court's decision shall be limited to a 03 determination of each of the following issues: 04 (1) whether there is a support order or a payment schedule on 05 arrearages; 06 (2) whether the petitioner is the obligor covered by the support order; 07 and 08 (3) whether the obligor is in substantial compliance with the support 09 order or payment schedule. 10 (k) If the court finds that the obligor is in substantial compliance with the 11 support order or payment schedule, the agency shall immediately send a release under 12 (g) of this section to the appropriate licensing entity and the applicant. 13 (l) When the obligor is in substantial compliance with a support order or 14 payment schedule, the agency shall mail to the applicant and the appropriate licensing 15 entity a release stating that the applicant is in substantial compliance. The receipt of 16 a release shall serve to notify the applicant and the licensing entity that, for the 17 purposes of this section, the applicant is in substantial compliance with the support 18 order or payment schedule unless the agency, under (a) of this section, certifies 19 subsequent to the issuance of a release that the applicant is once again not in 20 substantial compliance with a support order or payment schedule. 21 (m) The agency may enter into interagency agreements with the state agencies 22 that have responsibility for the administration of licensing entities as necessary to 23 implement this section to the extent that it is cost effective to implement the 24 interagency agreements. The agreements shall provide for the receipt by the other 25 state agencies and licensing entities of federal funds to cover that portion of costs 26 allowable in federal law and regulation and incurred by the state agencies and licensing 27 entities in implementing this section. 28 (n) Notwithstanding any other provision of law, the licensing entities subject 29 to this section shall assess a fee for issuance of a temporary license under this section. 30 The licensing entity shall set the amount of the fee so that the fees collected under this 31 section cover the costs of implementing and administering this section.
01 (o) The process described in (g) of this section is the sole administrative 02 remedy for contesting the issuance to the applicant of a temporary license or the denial 03 of a license under this section. The procedures specified in AS 44.62.330 - 44.62.630 04 (Administrative Procedure Act) do not apply to the denial or failure to issue or renew 05 a license under this section. 06 (p) The agency and licensing entities, as appropriate, shall adopt regulations 07 necessary to implement this section. 08 (q) In this section, 09 (1) "applicant" means a person applying for issuance or renewal of a 10 license; 11 (2) "license" 12 (A) means, except as provided in (B) of this paragraph, a 13 license, certificate, permit, registration, or other authorization that, at the time 14 of issuance, will be valid for more than 150 days that may be acquired from 15 a state agency to perform an occupation, including the following: 16 (i) license relating to boxing or wrestling under 17 AS 05.10; 18 (ii) authorization to perform an occupation regulated 19 under AS 08; 20 (iii) teacher certificate under AS 14.20; 21 (iv) authorization under AS 18.08 to perform emergency 22 medical services; 23 (v) asbestos worker certification under AS 18.31; 24 (vi) boiler operator's license under AS 18.60.395; 25 (vii) certificate of fitness under AS 18.62; 26 (viii) hazardous painting certification under AS 18.63; 27 (ix) security guard license under AS 18.65.400 - 28 18.65.490; 29 (x) license relating to insurance under AS 21.27; 30 (xi) employment agency permit under AS 23.15.330 - 31 23.15.520;
01 (xii) registration as a broker-dealer, agent, or investment 02 adviser under AS 45.55.030; 03 (xiii) certification as a pesticide applicator under 04 AS 46.03.320; 05 (xiv) certification as a storage tank worker or contractor 06 under AS 46.03.375; and 07 (xv) certification as a water and wastewater works 08 operator under AS 46.30; 09 (B) does not include 10 (i) a vessel license issued under AS 16.05.490 or 11 16.05.530; 12 (ii) a commercial fishing license under AS 16.05.480, 13 including a crewmember fishing license; 14 (iii) an entry permit or interim-use permit issued under 15 AS 16.43; 16 (iv) a license issued under AS 47.35; 17 (v) a business license issued under AS 43.70; or 18 (vi) a driver's license issued under AS 28.15; 19 (3) "licensee" means a person holding a license or applying to renew 20 a license; 21 (4) "licensing entity" means the state agency that issues or renews a 22 license; in the case of a license issued or renewed by the Department of Commerce 23 and Economic Development after an applicant's qualifications are determined by 24 another agency, "licensing entity" means the department; 25 (5) "list" means the list of obligors compiled and maintained under (a) 26 of this section; 27 (6) "substantial compliance with a support order or payment schedule" 28 means that, with respect to a support order or a negotiated payment schedule under (g) 29 of this section, whichever is applicable, the obligor has no more than $2,500 past due 30 and has cumulatively paid an amount equal to or greater than the amount due for eight 31 months during the past 12 months; with respect to a support order or payment schedule
01 that has been in effect for less than one year, "substantial compliance" means that the 02 obligor has no more than $2,500 past due and has cumulatively paid an amount equal 03 to or greater than 67 percent of the amount due during the period the support order or 04 payment schedule has been in effect. 05 Sec. 25.27.246. ADVERSE ACTION AGAINST DELINQUENT OBLIGOR'S 06 DRIVER'S LICENSE. (a) The agency shall compile and maintain a list of obligors 07 who have a driver's license and are not in substantial compliance with a support order 08 or payment schedule negotiated under (f)(1) of this section. The list must include the 09 names, social security numbers, dates of birth, and last known addresses of the 10 obligors. The list shall be updated by the agency on a monthly basis. 11 (b) The agency shall serve notice under (d) of this section to each person on 12 the list that the person's driver's license will be suspended in 150 days, and will not 13 be reissued or renewed the next time it is applied for if the person's name is on the list 14 at the time of the subsequent application, unless the licensee receives a release from 15 the agency. The notice shall be considered given when delivered personally to the 16 obligor or deposited in the U.S. mail addressed to the obligor's last known mailing 17 address on file with the agency. 18 (c) If the licensee fails to obtain a release during the 150-day period following 19 notice under (b) and (d) of this section, the agency shall notify the department that the 20 licensee's driver's license should be suspended and further renewals or applications 21 should be denied until the agency sends the department a release for the licensee. 22 Upon receiving the agency's notice under this subsection, the department shall suspend 23 the licensee's driver's license and may not issue or renew a driver's license for the 24 licensee until the department receives a release to do so from the agency. If a license 25 or application is suspended or denied under this section, funds paid by the applicant 26 or licensee may not be refunded by the department. 27 (d) The notice under (b) of this section must include the address and telephone 28 number of the agency and shall emphasize the necessity of obtaining a release from 29 the agency as a condition for avoiding suspension or denial of the person's driver's 30 license. The notice must also inform the licensee that, if a license or application is 31 suspended or denied under this section, funds paid by the licensee will not be refunded
01 by the department. The agency shall also develop a form that the licensee may use 02 to request a review by the agency. A copy of this form shall be included with each 03 notice sent under (b) of this section. 04 (e) The agency shall establish review procedures consistent with this section 05 to allow a licensee to have the underlying arrearage and relevant defenses investigated, 06 to provide a licensee with information on the process of obtaining a modification of 07 a support order, or to provide a licensee with assistance in the establishment of a 08 payment schedule on arrearages if the circumstances warrant. 09 (f) If a licensee wishes to challenge being included on the list, the licensee 10 shall submit to the agency a written request for review within 30 days after the notice 11 under (b) of this section was personally delivered or postmarked by using the form 12 developed under (d) of this section. Within 30 days after receiving a written request 13 for review, the agency shall inform the licensee in writing of the agency's findings. 14 The agency shall immediately send a release to the department and the licensee if any 15 of the following conditions is met: 16 (1) the licensee is found to be in substantial compliance with each 17 support order applicable to the licensee or has negotiated an agreement with the agency 18 for a payment schedule on arrearages and is in substantial compliance with the 19 negotiated agreement; if the licensee fails to be in substantial compliance with an 20 agreement negotiated under this paragraph, the agency shall send to the department a 21 revocation of any release previously sent to the entity for that licensee; 22 (2) the licensee has submitted a timely request for review to the 23 agency, but the agency will be unable to complete the review and send notice of 24 findings to the licensee in sufficient time for the licensee to file a timely request for 25 judicial relief within the 150-day period before the licensee's license will be suspended 26 under (c) of this section; this paragraph applies only if the delay in completing the 27 review process is not the result of the licensee's failure to act in a reasonable, timely, 28 and diligent manner upon receiving notice from the agency that the licensee's driver's 29 license will be suspended in 150 days; 30 (3) the licensee has, within 30 days after receiving the agency's findings 31 following a request for review under (2) of this subsection, filed and served a request
01 for judicial relief under this section, but a resolution of that relief will not be made 02 within the 150-day period before license suspension under (c) of this section; this 03 paragraph applies only if the delay in completing the judicial relief process is not the 04 result of the licensee's failure to act in a reasonable, timely, and diligent manner upon 05 receiving the agency's notice of findings; or 06 (4) the licensee has obtained a judicial finding of substantial 07 compliance. 08 (g) A licensee is required to act with diligence in responding to notices from 09 the agency with the recognition that the person's driver's license will be suspended 10 after 150 days or that a subsequent license will not be issued and that the agency and, 11 where appropriate, the court must have time to act within that 150-day period or before 12 the subsequent license is needed, as applicable. A licensee's delay in acting, without 13 good cause, that directly results in the inability of the agency to complete a review of 14 the licensee's request or the court to hear the request for judicial relief within the 15 required period does not constitute the diligence required under this section that would 16 justify the issuance of a release. 17 (h) Except as otherwise provided in this section, the agency may not issue a 18 release if the applicant is not in substantial compliance with the order for support or 19 is not in substantial compliance with an agreement negotiated under (f)(1) of this 20 section. The agency shall notify the licensee in writing that the licensee may request 21 any or all of the following: (1) judicial relief from the agency's decision not to issue 22 a release or the agency's decision to revoke a release under (f)(1) of this section; (2) 23 a judicial determination of substantial compliance; (3) a modification of the support 24 order. The notice must also contain the name and address of the court in which the 25 licensee may file the request for relief and inform the licensee that the licensee's name 26 shall remain on the list if the licensee does not request judicial relief within 30 days 27 after receiving the notice. The licensee shall comply with all statutes and rules of 28 court implementing this section. This section does not limit a licensee's authority 29 under other law to request an order to show cause or notice of motion to modify a 30 support order or to fix a payment schedule on arrearages accruing under a support 31 order or to obtain a court finding of substantial compliance with a support order.
01 (i) A request for judicial relief from the agency's decision must state the 02 grounds on which relief is requested and the judicial action shall be limited to those 03 stated grounds. Judicial relief under this subsection is not an appeal, and shall be 04 governed by court rules adopted to implement this section. Unless otherwise provided 05 by court rule, the court shall hold an evidentiary hearing within 20 calendar days of 06 the filing of service on the opposing party. The court's decision shall be limited to a 07 determination of each of the following issues: 08 (1) whether there is a support order or a payment schedule on 09 arrearages; 10 (2) whether the petitioner is the obligor covered by the support order; 11 and 12 (3) whether the obligor is in substantial compliance with the support 13 order or payment schedule. 14 (j) If the court finds that the obligor is in substantial compliance with the 15 support order or payment schedule, the agency shall immediately send a release under 16 (f) of this section to the department and the licensee. 17 (k) When the obligor is in substantial compliance with a support order or 18 payment schedule, the agency shall mail to the applicant and the department a release 19 stating that the licensee is in substantial compliance. The receipt of a release shall 20 serve to notify the licensee and the department that, for the purposes of this section, 21 the applicant is in substantial compliance with the support order or payment schedule 22 unless the agency, under (a) of this section, certifies subsequent to the issuance of a 23 release that the licensee is once again not in substantial compliance with a support 24 order or payment schedule. 25 (l) The process described in (f) of this section is the sole administrative 26 remedy for contesting the suspension or the denial of a driver's license under this 27 section. The procedures specified in AS 28 or AS 44.62.330 - 44.62.630 28 (Administrative Procedure Act) do not apply to the suspension or failure to issue or 29 renew a license under this section. 30 (m) The agency and department, as appropriate, shall adopt regulations 31 necessary to implement this section.
01 (n) In this section, 02 (1) "department" means the Department of Public Safety; 03 (2) "driver's license" or "license" means a driver's license, as defined 04 in AS 28.40.100; 05 (3) "licensee" means a person holding or requesting a driver's license; 06 (4) "list" means the list of obligors compiled and maintained under (a) 07 of this section; 08 (5) "substantial compliance with a support order or payment schedule" 09 means that, with respect to a support order or a negotiated payment schedule under (f) 10 of this section, whichever is applicable, the obligor has no more than $2,500 past due 11 and has cumulatively paid an amount equal to or greater than the amount due for eight 12 months during the past 12 months; with respect to a support order or payment schedule 13 that has been in effect for less than one year, "substantial compliance" means that the 14 obligor has no more than $2,500 past due and has cumulatively paid an amount equal 15 to or greater than 67 percent of the amount due during the period the support order or 16 payment schedule has been in effect. 17 * Sec. 2. REPORT. (a) In furtherance of the public policy of increasing child support 18 enforcement and collections, on or before January 1, 1998, the child support enforcement 19 agency shall make a report to the legislature and the governor based on data collected by the 20 licensing entities and the agency in a format prescribed by the agency. The report must 21 contain 22 (1) the number of delinquent obligors on the lists maintained by the agency 23 under AS 25.27.244 - 25.27.246; 24 (2) the number of delinquent obligors who also were applicants or licensees 25 subject to AS 25.27.244 - 25.27.246; 26 (3) the number of new licenses and renewals that were delayed or denied and 27 temporary licenses issued subject to AS 25.27.244 and the number of new licenses and 28 renewals granted following receipt by licensing entities of releases under AS 25.27.244 by 29 July 1, 1997; 30 (4) the number of licenses under AS 28.15 that were suspended under 31 AS 25.27.246 and the number of licenses under AS 28.15 that were reinstated following
01 receipt by the Department of Public Safety of releases under AS 25.27.246 by July 1, 1997; 02 and 03 (5) the costs incurred in the implementation and enforcement of AS 25.27.244 04 - 25.27.246. 05 (b) A licensing entity receiving an inquiry from the agency under (a) of this section 06 shall cooperate with the agency. When queried as to the licensed status of an applicant who 07 has had a license denied or suspended under AS 25.27.244 or 25.27.246 or has been granted 08 a temporary license under AS 25.27.244, the licensing entity shall respond only that the 09 license was denied or suspended or that the temporary license was issued. 10 * Sec. 3. This Act takes effect January 1, 1996.