§ 15-11.1-3. Notice.
(a) The department may serve notice upon a support obligor who is not in compliance with a court order of support that informs the obligor of the department’s intention to submit the obligor’s name to any appropriate board, state agency, or department as a licensee who is not in compliance with a court order of support.
(b) The notice shall include the address and telephone number of the department’s support enforcement office that issues the notice and a statement of the need to obtain a release from that office as provided in § 15-11.1-7. The department shall attach a copy or facsimile of the obligor’s court order of support to the notice. Service of the notice must be made by first class mail. The notice must inform the obligor that:
(1) The obligor may request a family court hearing to contest the issue of compliance;
(2) A request for a hearing must be made in writing and must be received by the department within thirty (30) days of the date of the notice;
(3) If the obligor requests a hearing within thirty (30) days of the date of the notice, the department shall stay action to certify the obligor to any board for noncompliance with a court order of support pending a decision after a hearing;
(4) If the obligor does not request a hearing within thirty (30) days of the date of the notice and is not in compliance with a court order of support, the department shall certify the obligor to the appropriate board, state agency, or department for noncompliance with a court order of support;
(5) If the department certifies the obligor to a board for noncompliance with a court order of support, the board, state agency, or department shall suspend the obligor’s license and refuse to issue or reissue a license until the obligor provides the board with a release from the department that states the obligor is in compliance with the obligor’s support order. A suspension by an agency or a refusal by an agency to reissue, renew, or otherwise extend the license or certificate of authority shall be deemed a final determination;
(6) If the obligor files a motion to modify support with the family court and duly serves the department with notice of the motion to modify, the department shall stay action to certify the obligor to any board for noncompliance with a court order of support; and
(7) The obligor may restore compliance with a court order of support by:
(i) Paying current support; and
(ii) Paying all past due support or, if unable to pay all past due support and a periodic payment for past due support has not been ordered by the court, by making periodic payments in accordance with a written payment agreement with the department which agreement shall then be filed with the family court; and/or
(iii) Meeting the obligor’s health insurance obligation.
[See § 12-1-15 of the General Laws.]
History of Section.
P.L. 1995, ch. 370, art. 29, § 6; P.L. 1995, ch. 374, § 6; P.L. 1997, ch. 170, § 5.