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- Alaska Statutes.
- Title 25. Marital and Domestic Relations
- Chapter 27. Child Support Services Agency
- Section 246. Adverse Action Against Delinquent Obligor's Driver's License.
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Section 244. Adverse Action Against Delinquent Obligor's Occupational License.
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Section 250. Order to Withhold and Deliver.
AS 25.27.246. Adverse Action Against Delinquent Obligor's Driver's License.
- (a) The agency shall compile and maintain a list of obligors who have a driver's license, and either (1) are not in
substantial compliance with a support order, or (2) whose names are required to be placed on the list under (p)(2) of
this section. The agency may not include an obligor on the list unless the agency has sent to the obligor, at the
obligor's most recent address on file with the agency, written notice of the arrearages at least 60 days before
placement on the list. The list must include the names, social security numbers, dates of birth, and last known
addresses of the persons. The list shall be updated by the agency on a monthly basis.
- (b) The agency shall serve notice under (d) of this section to each person on the list that the person's driver's license
will be suspended in 150 days, and will not be reissued or renewed the next time it is applied for if the person's name
is on the list at the time of the subsequent application, unless the licensee receives a release from the agency. The
notice shall be considered given when delivered personally to the person or deposited in the United States mail
addressed to the person's last known mailing address on file with the agency.
- (c) If the licensee fails to obtain a release during the 150-day period following notice under (b) and (d) of this section
or if the agency revokes a release of a person's license under (n) or (o) of this section, the agency shall notify the
department that the licensee's driver's license should be suspended and further renewals or applications should be
denied until the agency sends the department a release for the licensee. Upon receiving the agency's notice under this
subsection, the department shall suspend the licensee's driver's license and may not issue or renew a driver's license
for the licensee until the department receives a release to do so from the agency. If a license is suspended or an
application is denied under this section, money paid by the applicant or licensee may not be refunded by the
department.
- (d) The notice under (b) of this section must include the address and telephone number of the agency and shall emphasize
the necessity of obtaining a release from the agency as a condition for avoiding suspension or denial of the person's
driver's license. The notice must also inform the licensee that, if a license is suspended or an application is denied
under this section, money paid by the licensee will not be refunded by the department. The agency shall also develop a
form that the licensee may use to request a review by the agency. A copy of this form shall be included with each
notice sent under (b) of this section.
- (e) The agency shall establish review procedures consistent with this section to allow a licensee to have the underlying
arrearages and relevant defenses investigated, to provide a licensee with information on the process of obtaining a
modification of a support order, or to provide a licensee with assistance in the establishment of a payment schedule on
arrearages if the circumstances warrant.
- (f) If a licensee wishes to challenge being included on the list, the licensee shall submit to the agency a written
request for review within 30 days after the notice under (b) of this section was personally delivered or postmarked by
using the form developed under (d) of this section. Within 30 days after receiving a written request for review, the
agency shall inform the licensee in writing of the agency's findings. The agency shall immediately send a release to
the department and the licensee if any of the following conditions is met:
- (1) the licensee is found to be in substantial compliance with each support order applicable to the licensee or has
negotiated an agreement with the agency for a payment schedule on arrearages and is in substantial compliance with the
negotiated agreement;
- (2) the licensee has submitted a timely request for review to the agency, but the agency will be unable to complete the
review and send notice of findings to the licensee in sufficient time for the licensee to file a timely request for
judicial relief within the 150-day period before the licensee's license will be suspended under (c) of this section;
this paragraph applies only if the delay in completing the review process is not the result of the licensee's failure
to act in a reasonable, timely, and diligent manner upon receiving notice from the agency that the licensee's driver's
license will be suspended in 150 days;
- (3) the licensee has, within 30 days after receiving the agency's findings following a request for review under (2) of
this subsection, filed and served a request for judicial relief under this section, but a resolution of that relief
will not be made within the 150-day period before license suspension under (c) of this section; this paragraph applies
only if the delay in completing the judicial relief process is not the result of the licensee's failure to act in a
reasonable, timely, and diligent manner upon receiving the agency's notice of findings; or
- (4) the licensee has obtained a judicial finding of substantial compliance.
- (g) A licensee is required to act with diligence in responding to notices from the agency with the recognition that the
person's driver's license will be suspended after 150 days or that a subsequent license will not be issued and that the
agency and, where appropriate, the court must have time to act within that 150-day period or before the subsequent
license is needed, as applicable. A licensee's delay in acting, without good cause, that directly results in the
inability of the agency to complete a review of the licensee's request or the court to hear the request for judicial
relief within the required period does not constitute the diligence required under this section that would justify the
issuance of a release.
- (h) If the agency refuses to release the license under (f) of this section or the agency revokes a release under (n) or
(o) of this section, the agency shall notify the licensee in writing that the licensee may request any or all of the
following: (1) judicial relief from the agency's decision not to issue a release or the agency's decision to revoke a
release under (n) or (o) of this section; (2) a judicial determination of substantial compliance; (3) a modification of
the support order. The notice must also contain the name and address of the court in which the licensee may file the
request for relief. The licensee shall comply with all statutes and rules of court implementing this section. This
section does not limit a licensee's authority under other law to request an order to show cause or notice of motion to
modify a support order or to fix a payment schedule on arrearages accruing under a support order or to obtain a court
finding of substantial compliance with a support order.
- (i) A request for judicial relief from the agency's decision not to issue a release under (f) of this section or from the
agency's decision to revoke a release under (n) or (o) of this section must state the grounds on which relief is
requested, and the judicial action shall be limited to those stated grounds. Judicial relief under this subsection is
not an appeal and shall be governed by court rules adopted to implement this section. Unless otherwise provided by
court rule, the court shall hold an evidentiary hearing within 20 calendar days after the filing of service on the
opposing party. The court's decision shall be limited to a determination of each of the following issues, as
applicable:
- (1) whether there is a support order or a payment schedule on arrearages;
- (2) whether the petitioner is the obligor covered by the support order; and
- (3) whether the obligor is in substantial compliance with the support order or payment schedule.
- (j) If the court finds that the person requesting relief is in substantial compliance with the support order or payment
schedule, the agency shall immediately send a release under (f) of this section to the department and the licensee.
- (k) If a licensee is in substantial compliance with a support order or payment schedule, the agency shall mail to the
licensee and the department a release stating that the licensee is in substantial compliance. The receipt of a release
shall serve to notify the licensee and the department that, for the purposes of this section, the licensee is in
substantial compliance with the support order or payment schedule unless the agency
- (1) under (a) of this section, certifies subsequent to the issuance of a release that the licensee is once again not in
substantial compliance with a support order; or
- (2) under (n), (o), or (p) of this section, revokes a release because the licensee is not in substantial compliance with a
payment schedule negotiated under this section.
- (l) The process described in (f) of this section is the sole administrative remedy for contesting the suspension or the
denial of a driver's license under this section. The procedures specified in AS 28 or AS 44.62.330
- 44.62.630 do not apply to the suspension or failure
to issue or renew a license under this section.
- (m) The agency and department, as appropriate, shall adopt regulations necessary to implement this section.
- (n) If the agency releases a license under (f)(2) or (3) of this section because the review could not be completed within
the 150-day period, the review process, including any request for judicial relief, may be completed after the 150-day
period. If, at the completion of the review process, the licensee is found not to be in substantial compliance with
each support order applicable to the licensee and has not entered into a payment schedule under this section, the
agency shall send to the department a revocation of the release previously sent to the department for that licensee.
The agency shall send notice of the revocation to the licensee as provided in (h) of this section.
- (o) Except as provided in (p) of this section, if the licensee fails to be in substantial compliance with a payment
schedule negotiated under this section, the agency shall send to the department a revocation of any release previously
sent to the department for that licensee. The agency shall send notice of the revocation to the licensee as provided in
(h) of this section.
- (p) If a licensee fails to be in substantial compliance with a payment schedule negotiated under this section but paid the
monthly obligation under the payment schedule for at least two years immediately after the schedule was negotiated, the
agency shall
- (1) revoke the release previously granted to the licensee under this section and notify the department and licensee that
the release has been revoked; the licensee may not challenge the revocation of this release; upon receiving the
agency's notice under this paragraph, the department may not suspend the licensee's driver's license or refuse to issue
or renew a driver's license for the licensee unless the department subsequently receives a new notice to do so from the
agency under (c) of this section;
- (2) initiate new proceedings against the licensee under this section by placing the licensee's name on the list compiled
under (a) of this section after following the procedures required under (a) of this section;
- (3) follow the procedures of this section with respect to the licensee as if it were the first time that the licensee's
name had been placed on the list compiled under (a) of this section, except that the agency may either negotiate a new
payment schedule under (f)(1) of this section or seek to enforce the previously negotiated payment schedule.
- (q) In this section,
- (1) "department" means the Department of Administration;
- (2) "driver's license" or "license" means a driver's license, as defined in AS 28.90.990
;
- (3) "licensee" means a person holding or requesting a driver's license;
- (4) "list" means the list of obligors and other persons compiled and maintained under (a) of this section;
- (5) "substantial compliance" regarding a support order or payment schedule means that, with respect to periodic payments
required under a support order or a negotiated payment schedule under (f) of this section, whichever is applicable, the
obligor has
- (A) no arrearage;
- (B) an arrearage in an amount that is not more than four times the monthly obligation under the support order or payment
schedule; or
- (C) been determined by a court to be making the best efforts possible under the obligor's circumstances to have no
arrearages under any support order that requires periodic payments or under a negotiated payment schedule relating to
child support.
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