CS 828

ENFORCEMENT OF SUPPORT OBLIGATION

CS 845P Driver License Suspension ‒ Overview

New 06/30/08 Revised 05/09/25 Training Completed 05/23/25 Last Reviewed 06/09/25

Utah Code 26B-9-501, 26B-9-502, 53-3-102, 53-3-221, 53-3-221.5, 26B-9-301, 501 through 503, 81-6-101, R527-260

Overview of Driver License Suspension Statute

Utah Code 26B-9-501 et seq., the Administrative License Suspension for Child Support Enforcement, amends the Utah Health and Human Services Code to establish a procedure for the Office of Recovery Services to order an administrative suspension of an individual’s driver license when the person is in arrears on a child support obligation. The statute became effective July 1, 2008. Highlights of the statute are:

1. Defines terms – Utah Code 26B-9-501. For more information, refer to the law or subsection Definitions below;

2. Establishes a procedure for the Office of Recovery Services/ Child Support Services (ORS/CSS) to order, and the Driver License Division, to recognize and impose, a suspension of a person’s driving privileges when the person is at least 60 days in arrears on a child support obligation – Utah Code 26B-9-502. For more information, refer to the law and other sections of the driver license policy;

3. Describes the circumstances under which an order to suspend a person’s driving privileges may not be made, or under which an order to suspend a person’s driving privileges will be rescinded – Utah Code 26B-9-502 states:

“(6) The office may not order the suspension of a person's driver license if the person:

(a) pays the full amount that the person is in arrears on the person's child support obligation;

(b) subject to Subsection (8):

(i) enters into a payment agreement with the office for the payment of the person's current child support obligation and all arrears; and

(ii) complies with the agreement described in Subsection (6)(b)(i) for any initial compliance period required by the agreement;

(d) is not currently delinquent on a child support obligation.

(7) The office shall rescind an order made by the office to suspend a driver license if the person:

(a) pays the full amount that the person is in arrears on the person's child support obligation;

(b) subject to Subsection (8):

(i) enters into a payment agreement with the office for the payment of the person's current child support obligation and all arrears; and

(ii) complies with the agreement described in Subsection (7)(b)(i) for any initial compliance period required by the agreement;

(d) is not currently delinquent on a child support obligation.”

4. Provides that, if the office seeks a driver license suspension of a person who is not delinquent, the office shall refund any noncustodial parent (NCP) income withholding fee that was collected during the alleged delinquency, unless the person is otherwise in arrears on a child support obligation – Utah Code 26B-9-502:

“(9)(a) If, after the office seeks to suspend a person's driver license under this section, it is determined that the person is not delinquent, the office shall refund to the person any noncustodial parent income withholding fee that was collected from the person during the erroneously alleged delinquency.”

5. Grants rulemaking authority to the Office of Recovery Services – Utah Code 26B-9-502:

“(11) The office may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

(a) implement the provisions of this part; and

(b) determine when the arrears described in Subsections (6) and (7) are considered paid.”

6. Requires that CSS provide notice of an order, or the rescinding of an order, suspending a person’s driving privileges, to the person to whom the suspension applies and to the Driver License Division:

a. Utah Code 26B-9-502:

“(2) Before ordering a suspension of a person's driver license, the office shall serve the person with a "notice of intent to suspend driver license. . ." and,

b. Utah Code 26B-9-502:

“(10). . .(c) If the office determines, under Subsection (10)(b), that an order to suspend a person's license should be rescinded, the office shall immediately rescind the order.

(d) If the office determines, under Subsection (10)(b), that an order to suspend a person's license should not be rescinded:

(i) the office shall, as part of the response described in Subsection (10)(b), notify the person, in writing, of the reasons for that determination; and

(ii) the person described in this Subsection (10)(d) may, within 15 days after the day on which the office sends the response described in Subsection (10)(b), appeal the determination of the office to district court.”

Provisions within the Public Safety Code (Utah Code 53-3-221 and 221.5) have been updated to provide further requirements and procedures between ORS/CSS and the Driver License Division as well and notification requirements to the NCP.

· Requires that the Driver License Division, upon application, issue a temporary limited driver license to a person whose driver license is suspended if the person needs a driver license for employment, education, or child visitation – Utah Code 53-3-221(6)(d)(i):

“If the division suspends an individual’s license under this Subsection (6), the division shall, upon application, issue a temporary limited driver license to the individual if that individual needs a driver license for employment, education, or child visitation.”

· Provides that a suspension will remain in effect until the Office of Recovery Services rescinds the order of suspension – Utah Code 53-3-221(6)(b):

“A suspension under Subsection (6)(a) shall remain in effect until the division receives notice from the Office of Recovery Services that the Office of Recovery Services has rescinded the order of suspension.”

· Provides that the suspension of a person’s driving privileges will not be included in the person’s driving record after the order of suspension is rescinded – Utah Code 53-3-221(6)(c):

“After an order of suspension is rescinded under Subsection (6)(b), a report authorized by Section 53-3-104 may not contain any evidence of the suspension.”

· Requires the Driver License Division to disclose to the Office of Recovery Services the name and identifying information of each person to whom a license has been issued or whose driving privileges have been suspended, revoked, or reinstated – Utah Code 53-3-221.5(1):

“The division shall disclose to the Office of Recovery Services the name, address, and other identifying information of each person:

(a) to whom a license has been issued; or

(b) whose driving privileges have been suspended, revoked, or reinstated.”

· Provides that the information received by the Office of Recovery Services under the preceding paragraph is subject to the Government Records Access and Management Act (GRAMA) – Utah Code 53-3-221.5(2):

“All information received by the Office of Recovery Services under this section is subject to Title 63G, Chapter 2, Government Records Access and Management Act.”

Additional Section

For additional information on license suspension and procedures, refer to the following policy section listed below:

1. CS 845P-1 Driver License Suspension – Criteria.

Definitions

1. Child Support (as defined in Section 81-6-101(8)) -

“(a) ‘Child support’ means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child.

(b) ‘Child support’ includes current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs.”

2. Delinquent on a child support obligation (as defined by U.C. A. 26B-9-501) –

“(3) ‘Delinquent on a child support obligation’ means that a person:

(a)(i) made no payment for 60 days on a current child support obligation as set forth in an administrative or court order;

(ii) after the 60-day period described in Subsection (3)(a)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the order; and

(iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears; or

(b)(i) made no payment for 60 days on an arrearage obligation of child support as set forth in:

(A) a payment schedule;

(B) a written agreement with the office; or

(ii) after the 60-day period described in Subsection (3)(b)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the payment schedule, agreement, or order; and

(iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears.”

3. Division (as defined by Utah Code 53-3-102) –

“(12) ‘Division’ means the Driver License Division of the department created in Section 53-3-103.”

4. Driver (as defined by Utah Code 53-3-102) –

“(15)(a) ‘Driver’ means an individual who drives, or is in actual physical control of a motor vehicle in any location open to the general public for purposes of vehicular traffic.

(b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or federal law.”

5. Driver license (as defined by Utah Code 26B-9-501) –

“(4) ‘Driver license’ means a license, as defined in Section 53-3-102.”

6. Driver License Division (as defined by Utah Code 26B-9-501) –

“(5) ‘Driver License Division’ means the Driver License Division of the 'Department of Public Safety created in Section 53-3-103.”

7. License (as defined by Utah Code 53-3-102) –

“(24) ‘License’ means the privilege to drive a motor vehicle.”

8. License certificate (as defined by Utah Code 53-3-102) –

“(25)(a) ‘License certificate’ means the evidence of the privilege issued under this chapter to drive a motor vehicle.”

9. Office (as defined by Utah Code 26B-9-501) –

“(6) ‘Office’ means the Office of Recovery Services.”

10. Office of Recovery Services (as defined by Utah Code 53-3-102) –

“(33) ‘Office of Recovery Services’ means the Office of Recovery Services, created in Section 26B-9-103.”

11. Suspension (as defined by Utah Code 53-3-102) –

“(45) ‘Suspension’ means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle.”

12. Supervisory Review Panel (SRP) (as defined by R527-260-5) –

“(1) The ORS Supervisory Review Panel consists of the ORS director and child support program administrators statewide as designated by the ORS director.

(2) The panel is responsible to review the case and determine if it is appropriate to proceed with suspension of the obligor's driver license.”

Forms Overview

1. Payment Schedule Notice to Obligor. Give this form to the NCP if the NCP is NOT able to make payments via income withholding.

2. Arrears Assessment Computation. This form is used along with the Post Order Financial Statement form to assess the NCP’s ability to pay arrearages, when appropriate.

3. Post-Order Financial Statement. This form is sent to the NCP with the Notice of Agency Action: Intent to Suspend Driver License. The NCP must complete the form if s/he is unable to pay the debt in full and wishes to make monthly payments.

4. Cover Sheet for Driver License Order Sent to Driver License Division. This form is sent to the Driver’s License Division along with the Order to Suspend Driver License or Order to Rescind Driver License Suspension.

5. Courtesy Copy of NAA: Intent to Suspend Driver License. This is a cover letter that is sent to the out-of-state agency or the NCP’s attorney with a copy of the Notice of Agency Action: Intent to Suspend Driver License.

6. Cover Letter for Driver License Suspension Order. This is a cover letter that is sent to the NCP with the Order to Suspend Driver License.

7. Cover Letter for Driver License Rescind-Reinstate Order. This is a cover letter that is sent to the NCP with the Order for Rescission of Driver License Suspension and Reinstatement of Driver License.

8. Notice of Agency Action: Intent to Suspend Driver License. Send this notice to the NCP to initiate proceedings to suspend his/her driver license.

9. Dismissal of: Notice of Agency Action. This form is issued by the Presiding Officer when it is appropriate to dismiss the Notice of Agency Action: Intent to Suspend Driver License.

10. Decision and Order: Adjudicative Proceeding, Driver License Suspension. The Presiding Officer issues this order after s/he has reviewed the case facts based on a request for reconsideration.

11. Decision and Order Cover Letter: Driver License. This is a cover letter to the NCP and it is sent with the Decision and Order: Adjudicative Proceeding, Driver License Suspension.

12. Order to Suspend Driver License. After the NCP’s case(s) meets the criteria for CSS to administratively suspend the NCP’s driver license and the Supervisory Review Panel (SRP) has approved the suspension, this document is generated and sent to the NCP and the Driver License Division.

13. Order: Request for Reconsideration Denied – RAA. CSS sends this document to the NCP when a request for reconsideration is denied.

14. Order for Rescission of Driver License Suspension and Reinstatement of Driver License. After the NCP’s case(s) meets the criteria for CSS to administratively rescind/reinstate the Order to Suspend Driver License, the SRP will generate the document and send it to the NCP and the Driver License Division.

15. Order Based on Reconsideration: NMSN/Payment Schedule/Request for Info/Driver License Suspension. This order is issued when there is a change to the original order based on a request for reconsideration review.

16. Order: Request for Reconsideration Granted – RAA. CSS sends this document to the NCP when a request for reconsideration is granted.

17. Request for Review Appointment Letter. Send this letter to the NCP to notify him/her of the date and time of the informal review.

18. Written Request for Review, Driver License Suspension. This form is sent to the NCP with the Notice of Agency Action: Intent to Suspend Driver License. The form allows the NCP to request an informal adjudicative proceeding.

19. Written Request for Rescission of Order to Suspend Driver License. This form is sent to the NCP with the Order to Suspend Driver License. The form allows the NCP to request rescission of the Order to Suspend Driver License.

20. Supervisory Review Panel Recommendation Letter: Driver License Suspension. The Supervisory Review Panel sends this letter to the referring Presiding Officer after they have reviewed a case for driver license suspension. The letter directs the Presiding Officer to take an additional action(s) on the case prior to proceeding with suspension of the NCP’s driver license.

21. Driver License Suspension Checklist. The agent assigned to the case must complete this form prior to sending the case to the Team Manager to review and present to the Regional Director for review of the NCP’s driver license suspension proceedings.

22. Response to NCP’s Request for Administrative Review: Notice of Agency Action: Driver’s License Suspension. This letter is sent to the NCP after the Presiding Officer has conducted an informal adjudicative hearing to address the NCP’s child support delinquency.

23. Response to NCP’s Request for Administrative Review: Order to Suspend Driver License. This letter is sent to the NCP after the Presiding Officer has conducted a review based on a request for a rescission/reinstatement of driver license suspension. This letter should be sent along with the Written Request for Rescission of Order to Suspend Driver License.