PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Improve the Child Support Collection Process
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §2202, sub-§2, ¶E, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
 
E. If the commissioner certifies the obligor to the Secretary of State, the Secretary of State must suspend any motor vehicle operator's licenses that the obligor holds and the obligor's right to apply for or obtain a motor vehicle operator's license. The commissioner may direct the Secretary of State to issue a work-restricted license to operate a motor vehicle between a residence and a place of employment, in the scope of employment, or both, as determined by the Secretary of State;
Sec. 2. 19-A MRSA §2202, sub-§§3 to 5, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, are amended to read:
 
3. Administrative hearing.   An obligor may request an administrative hearing within 20 days of service of the notice described in subsection 2. The request for hearing must be in writing and must be received by the department within 20 days. The departmentSecretary of State shall conduct the hearing consistent with the procedures in Title 29-A, chapter 23, subchapter 3, article 3 and in accordance with the requirements of Title 5, chapter 375, subchapter IV4. The issues that may be determined at hearing are limited to whether the obligor is required to pay child support under an order of support and whether the obligor is in compliance with an order of support, although the obligor may raise additional issues, including the reasonableness of a payment agreement in light of the obligor's current circumstances, to be preserved for appeal.
 
4. Decision after hearing.   The departmentadministrative hearing officer shall render a decision after a hearing under subsection 3 without undue delay as to whether the obligor is in compliance with the obligor's order of support. The decision must be based on the hearing record and rules adopted by the commissioner. The decision must inform the obligor that the obligor may file a petition for judicial review of the decision within 30 days of the date of the decision. The administrative hearing officer shall submit the complete hearing record, the decision and the reasons for the decision to the department immediately upon the making of the decision. The department shall send an attested copy of the decision to the obligor by regular mail to the obligor's most recent address of record.
 
5. Appeal to Superior Court.   If the obligor appeals the department'sadministrative hearing officer's decision under subsection 4, the Superior Court may hear and determine issues raised at the hearing, including the reasonableness of a payment agreement in light of the obligor's current circumstances.
Sec. 3. 19-A MRSA §2603-A, as enacted by PL 1997, c. 466, §26 and affected by §28, is amended by adding at the end a new paragraph to read:
When suspending the obligor's driver's license or licenses and right to operate a motor vehicle, or upon petition of the obligor, the court may direct the Secretary of State to issue a work-restricted license to operate a motor vehicle between a residence and a place of employment, in the scope of employment, or both, as determined by the Secretary of State.
 
SUMMARY
This bill improves the child support collection process associated with the suspension and revocation of a child support obligor's driver's license by allowing the Commissioner of Health and Human Services and the court to order that the Secretary of State issue a work-restricted license.
The bill separates the determination of nonsupport from the administrative hearing on the question of noncompliance. The bill requires that, when an obligor requests a hearing on noncompliance with an order of support, an administrative hearing officer within the Department of the Secretary of State conduct the hearing and report the decision back to the Department of Health and Human Services for issuance.