Ala. Admin. Code r. 660-3-9-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-3-9-.05 - Reinstatement

(a) The NCP's license will remain withheld, restricted, suspended or revoked until the Department sends notice requesting reinstatement of the license to the licensing authority. While the license is suspended or revoked, the licensing authority may not issue, reissue or renew the NCP's license. Notice to the licensing authority to reinstate the license shall not limit the Department to issue a new decision and notice in the event of another delinquency.

(b) Withheld, restricted, or suspended License

1. After withholding, restricted use, or suspension, the NCP may either pay the arrearage and interest in full; or enter into a satisfactory payment plan with the Department. Refer to Rule 660-3-9-.03 concerning the Payment Plan.

2. Good faith must be shown before the Department will notify the licensing authority to reinstate a license. Good faith means the support debt or support obligation has been paid in full or a satisfactory payment plan has been negotiated. If the NCP pays the total debt or enters into a payment plan approved by the Department, upon the request of the NCP, the Department shall notify the licensing authority to reinstate the NCP's license.

3. If the NCP subsequently becomes delinquent in support payments according to the payment plan, a new notice of withholding, restricted use, or suspension may be sent to the NCP.

(c) Revoked License

1. After the NCP's license has been revoked, the NCP may request reinstatement of the license. The NCP may obtain a new license if:

(1) The Department makes a determination that the obligation is paid in full; or

(2) a satisfactory payment plan is in place and the NCP is complying with the plan. Refer to Rule 660-3-9-.03 concerning the Payment Plan.

2. At the request of the NCP, the Department should determine if one of the above conditions is met. If so, the Department should notify the licensing authority to issue a new license pursuant to the statutes or regulations governing reissuance of a license.

Ala. Admin. Code r. 660-3-9-.05

New Rule: Filed June 4, 1997; effective July 9, 1997. Amended: Filed September 4, 2002; effective October 9, 2002.

Author: Clifford Smith

Statutory Authority:P.L. 93-647; 42 U.S.C. 651 et seq.; Section 9 of P.L. 96-611; 42 U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306; Section 2640 of P.L. 98-369; Section 171(a)(3) of P.L. 97-248; Section 2333(c) of P.L. 97-35; P.L. 98-378; ALABAMA STATE PLAN -CHILD SUPPORT ENFORCEMENT PROGRAM; Code of Ala. 1975, as amended, §§ 30-4-80 through -98, 38-2-6, 38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 30-3-170 through 30-3-179.