Section 851.155 - Actions Following Certain Notifications Regarding Child Support Delinquency(a) In accordance with the Family Code Chapter 232, on receipt of a final order from a court or the Title IV-D agency suspending a license, the Board staff shall immediately determine if the TBPG has issued a license to the individual named on the order and, if a license has been issued, Board staff shall suspend the license and record the suspension of the license in the TBPG's licensing records. (b) Board staff shall implement the terms of a final order suspending license without additional review or hearing. Board staff shall provide notice of the suspension to the license holder and to any employers on record with the TBPG. (c) A licensee whose license has been suspended under this section is not entitled to a refund for any fee paid to the licensing authority. (d) On receipt of an order from a court or the Title IV-D agency vacating or staying an order suspending a license, Board staff shall promptly reinstate the suspended license. If the reinstated license is expired, Board staff shall provide a renewal notice to the licensee and provide for the license to be renewable online. Board staff shall provide notice of the reinstatement to the license holder's employers on record with the TBPG, upon a written request and payment of a license verification fee. (e) In accordance with the Family Code Chapter 232, on receipt of a notice from a child support agency, as defined by Texas Family Code, § 101.004 concerning an obligor who has failed to pay child support under a support order for six months or more that requests the authority to refuse to approve an application for issuance of a license to the obligor or renewal of an existing license of the obligor, Board staff shall refuse to approve an application for issuance of a license to the obligor or renewal of an existing license of the obligor until the authority is notified by the child support agency that the obligor has: (1) paid all child support arrearages; (2) made an immediate payment of not less than $200 toward child support arrearages owed and established with the agency a satisfactory repayment schedule for the remainder or is in compliance with a court order for payment of the arrearages; (3) been granted an exemption from this subsection as part of a court-supervised plan to improve the obligor's earnings and child support payments; or (4) successfully contested the denial of issuance or renewal of license under Texas Family Code § 232.1035(d). (f) Board staff shall provide notice of the request to refuse to approve an application to the applicant or licensee. (g) Upon receipt of a notice from a child support agency, as defined by Texas Family Code, § 101.004, that a request to refuse to act on an application has been withdrawn, upon receipt of a notice that a court has ordered that a request be withdrawn, or upon the receipt of any other legal action has been taken that would warrant it, Board staff shall notify the applicant or licensee and take up the review of an application held by the process described in this section and process the application, as appropriate.22 Tex. Admin. Code § 851.155
Adopted by Texas Register, Volume 40, Number 11, March 13, 2015, TexReg 1386, eff. 3/18/2015