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§47-6-201.1.
§47-6-201.1.
A. In addition to other qualifications and conditions established by
law, the driving privilege of an individual is subject to the
requirements of this section.
B. Upon receipt of an order from a court or from the Office of
Administrative Hearings: Child Support of the Department of Human
Services, hereinafter referred to as "OAH", that a person obligated to
pay child support who owns or operates a motor vehicle is not in
compliance with an order for support, the Commissioner of Public
Safety shall revoke the person's driving privilege.
C. 1. Whenever a court or the OAH finds that a person is not in
compliance with an order of child support, the court or the OAH, as
applicable, shall require the person to surrender to it the driver
license held by the person and shall forward to the Department of
Public Safety an order to revoke the driving privilege of the person,
together with any driver license surrendered to the court or OAH. An
order of the court or the OAH, as applicable, to revoke a person's
driving privilege for noncompliance with an order of support shall be
upon a Notification of Revocation form prescribed by the Department of
Public Safety. The Department of Public Safety shall prepare and
distribute the Notification form to be used by the courts and the OAH.
2. In addition to the Department of Public Safety, the court or the
OAH, as applicable, shall send a copy of the Notification of
Revocation to the person obligated to pay child support by first
class, postage prepaid mail. The Notification shall:
a. include the name, address, date of birth, physical description and,
if known, the driver license number of the person,
b. require the Department to revoke the driving privilege of the
person required to pay child support,
c. require the Department to not reinstate the person's driving
privilege until:
(1) the court or the OAH issues a release that states such person is
in compliance with the order of support or until a court or the OAH
otherwise authorizes reinstatement of the person's driving privilege,
and
2. the person has paid to the Department the fees required by Section
6-212 of this title and has met all other statutory requirements
for reinstatement of the person's driving privilege;
d. specify the reason and statutory ground for the revocation and the
effective date of the revocation;
e. inform the person that in order to apply for reinstatement of the
person's driving privilege, the person must obtain a release from the
OAH or the court, as applicable; and
f. inform the person that the person may file a petition for judicial
review of the Notification of Revocation in district court within
thirty (30) days after receipt of the Notification.
D. Upon receipt of the Notification of Revocation from a court or the
OAH, as applicable, that a person obligated to pay child support is
not in compliance with an order of support, the Department shall, in
addition to any other authority to withdraw driving privileges, revoke
the driving privilege of the person named in the Notification without
hearing.
E. 1. The court or the OAH may modify the revocation order in cases of
extreme and unusual hardship when it is determined by the court or the
OAH, as applicable, that no other adequate means of transportation
exists for the person whose driving privilege has been revoked to
allow driving in any or all of the following situations:
a. to and from a place of employment or in search of employment,
b. to and from a child care facility, providing the person is a parent
or legal guardian with no other means of transporting the child so the
parent or legal guardian can maintain employment,
c. to and from a medical facility in the event of an emergency,
d. in the course of employment,
e. to and from an educational institution for the purpose of attending
classes if the person is enrolled and regularly attending classes at
such institution, or
f. to permit the person to comply with any existing court order.
2. The modification order shall state the circumstances under which
driving is permitted.
3. Upon receipt of a written modification order from the court or the
OAH, as applicable, and the payment to the Department of a
modification fee of One Hundred Dollars ($100.00), the Department
shall modify the revocation order as provided in the modification
order. In the modification order, the Department of Public Safety
shall specify the specific times of the day or night based on the
circumstances set out in the order, that the person owing child
support may drive. Upon the application of such person and upon a
showing of good cause, such times may be modified due to employment,
course of employment or other reason authorized by the Department of
Public Safety.
F. If the court or the OAH, as applicable, is unable to secure the
surrender to it of the driver license held by the person found to be
in noncompliance with an order of support, the Department, upon
revoking the driving privilege of the person, shall require that the
driver license held by the person be surrendered to the Department.
Upon reinstatement of the person's driving privileges, as provided for
by law, the person's valid and lawful driver license shall be returned
to the person by the Department if the person is otherwise eligible.
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