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47-6-201.1.
§47-6-201.1.
A. In addition to other qualifications and conditions
established by law, the privilege of an individual to hold a driver
license issued by this state 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 suspend such person's driver license and right to
operate a vehicle.
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 Title 47 of the
Oklahoma Statutes and any fee authorized by
subsection I of this section and has met all other
statutory requirements for reinstatement of the
person's driving privilege;
3. Specify the reason and statutory ground for the revocation
and the effective date of the revocation;
4. 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
5. 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 or suspended 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.
G. The Commissioner shall promulgate rules to implement and
enforce the requirements of this section.
H. The Commissioner and the Department of Human Services shall
enter into an agreement to carry out the requirements of this
section.
I. The Commissioner may charge a fee to the person whose driving
privilege has been revoked for noncompliance with an order of support
in order to cover administrative costs incurred by the Department
pursuant to the provisions of this section.
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