10- 144 C.M.R. ch. 351, § 21-13

Current through 2024-51, December 18, 2024
Section 144-351-21-13 - NOTICE; EFFECT OF NONCOMPLIANCE
A.Notice. Upon receipt of the information provided pursuant to section 12, the Division may issue a written notice to each licensee who is a support obligor who is not in compliance with a support order. The notice must inform the obligor that:
1. The obligor may request an administrative hearing to contest the issue of compliance;
2. A request for hearing must be made in writing and must be received by the Division within 20 days of the date the notice is sent;
3. If the obligor requests a hearing within 20 days of receipt of the notice the Division shall stay action to certify the obligor to the appropriate board for noncompliance with a support order pending a decision after hearing;
4. If the obligor does not request a hearing within 20 days of receipt of the notice and is not in compliance with a support order the Division may certify the obligor to the appropriate board for noncompliance with a support order;
5. If the Division certifies the obligor to a board for noncompliance with a support order the board must refuse to renew, issue or reissue a license until the obligor provides the board with a written statement issued by the Division that confirms the obligor is in compliance with the obligor's support order. And that a refusal by an agency or board to reissue, renew or otherwise extend the obligor's license or certificate of authority is deemed a final determination within the meaning of 5 M.R.S.A. §10002; and
6.(Not in use)
7. The obligor can come into compliance with a court order of support by:
i. Paying current support;
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 agreement; and
iii. Meeting the obligor's health insurance obligation.

The notice must include the address and telephone number of the Division's support enforcement office that issues the notice and a statement of the need for the obligor to obtain written confirmation of compliance from the Division as provided in section 9. For purposes of identifying the order of support, the notice must state when the order was issued. The notice also must state the name of the licensing board that reported the obligor as a licensee and the type of license. The Division shall send the notice to the obligor at the obligor's most recent address as evidenced by the Division's records. A notice sent to the obligor's address of record is deemed adequate notice of the Division's action. The Division need not prove at hearing that the obligor actually received the notice.

B.Certification. The Division may certify to the appropriate boards all licensees who are not in compliance with a support order in accordance with the requirements of section°7. For each obligor certified by the Division, the Division shall provide the appropriate board with the obligor's name, address, social security number and any other information mutually agreed upon between the Division and the board. The Division shall provide the boards with the name, address and telephone number of the Division's designee for implementing this section.

10- 144 C.M.R. ch. 351, § 21-13