Oklahoma § 43-139.1 - Revocation, suspension, nonissuance, or nonrenewal of

§ 43-139.1. Revocation, suspension, nonissuance, or nonrenewal of

license or placement of obligor on probation as remedy for

noncompliance with support order.

A. As used in this section and Section 6-201.1 of Title 47 of

the Oklahoma Statutes:

1. "Licensing board" means any bureau, department, division,

board, agency or commission of this state or of a municipality in

this state that issues a license;

2. "Noncompliance with an order for support" means that the

obligor has failed to make child support payments required by a

child support order in an amount equal to the child support payable

for at least ninety (90) days or has failed to make full payments

pursuant to a court-ordered payment plan for at least ninety (90)

days or has failed to obtain or maintain health insurance coverage

as required by an order for support for at least ninety (90) days or

has failed, after receiving appropriate notice to comply with

subpoenas or orders relating to paternity or child support

proceedings or has failed to comply with an order to submit to

genetic testing to determine paternity;

3. "Order for support" means any judgment or order for the

support of dependent children or an order to submit to genetic

testing to determine paternity issued by any court of this state or

other state or any judgment or order issued in accordance with an

administrative procedure established by state law that affords

substantial due process and is subject to judicial review;

Oklahoma Statutes - Title 43. Marriage and Family

4. "License" means any recreational license or permit

including, but not limited to, a hunting and fishing license or

other authorization issued pursuant to the Oklahoma Wildlife

Conservation Code, or certificates of title for vessels and motors

and other licenses or registrations issued pursuant to the Oklahoma

Vessel and Motor Registration Act;

5. "Obligor" means the person who is required to make payments

or comply with other provisions of an order for support;

6. "Oklahoma Child Support Services (OCSS)" means the state

agency designated to administer a statewide plan for child support

pursuant to Section 237 of Title 56 of the Oklahoma Statutes;

7. "Person entitled" means:

a.

a person to whom a support debt or support obligation

is owed,

b.

the OCSS or a public agency of another state that has

the right to receive current or accrued support

payments or that is providing support enforcement

services, or

c.

a person designated in a support order or as otherwise

specified by the court; and

8. "Payment plan" includes, but is not limited to, a plan

approved by the court that provides sufficient security to ensure

compliance with a support order and/or that incorporates voluntary

or involuntary income assignment or a similar plan for periodic

payment on an arrearage and, if applicable, current and future

support.

B. 1. Except as otherwise provided by this subsection, the

district courts of this state are hereby authorized to order the

revocation, suspension, nonissuance or nonrenewal of a license or

the placement of the obligor on probation who is in noncompliance

with an order for support.

2. The remedy under this section is in addition to any other

enforcement remedy available to the court.

C. 1. At any hearing involving the support of a child, if the

district court finds evidence presented at the hearing that an

obligor is in noncompliance with an order for support and the

obligor is licensed by any licensing board, the court, in addition

to any other enforcement action available, may suspend or revoke the

license of the obligor who is in noncompliance with the order of

support or place the obligor on probation pursuant to paragraph 2 of

this subsection.

2.

a.

To be placed on probation, the obligor shall agree to

a payment plan to:

(1) make all future child support payments as

required by the current order during the period

of probation, and

(2) pay the full amount of the arrearage:

Oklahoma Statutes - Title 43. Marriage and Family

(a)

by lump sum by a date certain, if the court

determines the obligor has the ability, or

(b) by making monthly payments in addition to

the monthly child support amount pursuant to

Section 137 of this title.

b.

The payments required to be made pursuant to this

section shall continue until the child support

arrearage and interest which was the subject of the

license revocation action have been paid in full.

3. If the court orders probation, the appropriate licensing

board shall not be notified and no action is required of that board.

4. Probation shall be conditioned upon full compliance with the

order. If the court grants probation, the probationary period shall

not exceed three (3) years.

5. If the obligor is placed on probation, the obligee or OCSS

may request a hearing at any time to review the status of the

obligor's compliance with the payment plan and to request immediate

suspension or revocation of the obligor's license. The obligor

shall be served with notice of the hearing by regular mail to the

obligor's address of record pursuant to Section 112A of this title.

6. If, by the completion of time allotted for the probationary

period, the obligor has failed to fully comply with the terms of

probation, the licenses of the obligor shall be automatically

suspended or revoked without further hearing. If the licenses of

the obligor are suspended or revoked, the obligor may thereafter

apply for reinstatement in compliance with subsection D or E of this

section.

D. When all support due is paid in full and the obligor has

complied with all other provisions of the order for support, the

obligor, the obligee or OCSS may file a motion with the court for

reinstatement of the obligor's licenses or termination of probation

and the motion shall be set for hearing. If the court finds the

obligor has paid all support due in full and has complied with all

other provisions of the order for support, the court shall reinstate

the obligor's licenses or terminate the probation.

E. 1. An obligor whose licenses have been suspended or revoked

may file a motion with the court for reinstatement of the licenses

of the obligor prior to payment in full of all support due and the

motion shall be set for hearing.

2. The court may reinstate the licenses of the obligor if the

obligor has:

a.

paid the current child support and the monthly

arrearage payments each month for the current month

and two (2) months immediately preceding, or paid an

amount equivalent to three (3) months of child support

and arrearage payments which satisfies the current

child support and monthly arrearage payments for the

Oklahoma Statutes - Title 43. Marriage and Family

current month and two (2) months immediately

preceding,

b.

disclosed all information regarding health insurance

availability and obtained and maintained health

insurance coverage required by an order for support,

c.

complied with all subpoenas and orders relating to

paternity or child support proceedings,

d.

complied with all orders to submit to genetic testing

to determine paternity, and

e.

disclosed all employment and address information.

3. If the court terminates the order of suspension, revocation,

nonissuance or nonrenewal, it shall place the obligor on probation,

conditioned upon compliance with any payment plan and the provisions

of the order for support.

4. If the obligor fails to comply with the terms of probation,

the court may refuse to reinstate the licenses of the obligor unless

the obligor makes additional payments in an amount determined by the

court to be sufficient to ensure future compliance, and the obligor

complies with the other terms set by the court.

F. The obligor shall serve on the custodian or the state a copy

of the motion for reinstatement of the licenses of the obligor and

notice of hearing pursuant to Section 2005 of Title 12 of the

Oklahoma Statutes, or if there is an address of record, by regular

mail to the address of record on file with the central case registry

pursuant to Section 112A of this title. When child support services

are being provided pursuant to Section 237 of Title 56 of the

Oklahoma Statutes, the obligor shall serve a copy of the motion for

reinstatement of the licenses of the obligor on OCSS.

G. If the court orders termination of the order of suspension

or revocation, the obligor shall send a copy of the order

reinstating the licenses of the obligor to the licensing board, the

custodian and OCSS when child support services are being provided

pursuant to Section 237 of Title 56 of the Oklahoma Statutes.

H. Entry of this order does not limit the ability of the court

to issue a new order requiring the licensing board to revoke or

suspend the license of the same obligor in the event of another

delinquency or failure to comply.

I. Upon receipt of a court order to suspend or revoke the

license of an obligor, the licensing board shall comply with the

order by:

1. Determining if the licensing board has issued a license to

the individual whose name appears on the order for support;

2. Notifying the obligor of the suspension or revocation;

3. Demanding surrender of the license, if required;

4. Entering the suspension or revocation of the license on the

appropriate records; and

Oklahoma Statutes - Title 43. Marriage and Family

5. Reporting the suspension or revocation of the license as

appropriate.

J. Upon receipt of a court order to not issue or not renew the

license of an obligor, the licensing board shall implement by:

1. Determining if the licensing board has received an

application for issuance or renewal of a license from the individual

whose name appears on the order of support;

2. Notifying the obligor of the nonissuance or nonrenewal; and

3. Entering the nonissuance or nonrenewal of the license as

appropriate.

K. An order, issued by the court, directing the licensing board

to suspend, revoke, not issue or not renew the license of the

obligor shall be processed and implemented by the licensing board

without any additional review or hearing and shall continue until

the court or appellate court advises the licensing board by order

that the suspension, revocation, nonissuance or nonrenewal is

terminated.

L. The licensing board has no jurisdiction to modify, remand,

reverse, vacate, or stay the order of the court for the suspension,

revocation, nonissuance or nonrenewal of a license.

M. In the event of suspension, revocation, nonissuance or

nonrenewal of a license, any funds paid by the obligor to the

licensing board for costs related to issuance, renewal, or

maintenance of a license shall not be refunded to the obligor.

N. A licensing board may charge the obligor a fee to cover the

administrative costs incurred by the licensing board to administer

the provisions of this section. Fees collected pursuant to this

section by a licensing board which has an agency revolving fund

shall be deposited in the agency revolving fund for the use by the

licensing board to pay the costs of administering this section.

Otherwise, the administrative costs shall be deposited in the

General Revenue Fund of the state.

O. Each licensing board shall promulgate rules necessary for

the implementation and administration of this section.

P. The licensing board is exempt from liability to the obligor

for activities conducted in compliance with Section 139 et seq. of

this title.

Q. A final order entered pursuant to this section may be

appealed to the Supreme Court of Oklahoma pursuant to Section 990A

of Title 12 of the Oklahoma Statutes.

Added by Laws 1995, c. 354, § 2, eff. Nov. 1, 1995. Amended by Laws

1996, c. 97, § 18, eff. Nov. 1, 1996; Laws 1997, c. 402, § 17, eff.

July 1, 1997; Laws 2004, c. 124, § 1, eff. Nov. 1, 2004; Laws 2009,

c. 446, § 1, eff. Nov. 1, 2009; Laws 2014, c. 38, § 1, eff. Nov. 1,

2014; Laws 2020, c. 111, § 2, eff. Nov. 1, 2020.

Oklahoma Statutes - Title 43. Marriage and Family