Title 19, Chapter 11, Section 9.3
(a) As used in this Code section, the term:
(1) "Agency" means the agency within the Department of Human
Resources which is responsible for enforcing orders for child
support pursuant to this article.
(2) "Applicant" means any person applying for issuance or renewal
of a license.
(3) "Certified list" means a list provided by the agency of the
names of support obligors found to be not in compliance with an
order for child support in a case being enforced under this
(4) "Compliance with an order for child support" means, as set
forth in a court order, administrative order, or contempt order
for child support, the obligor is not more than 60 calendar days
in arrears in making payments in full for current support,
periodic payments on a support arrearage, or periodic payments on
a reimbursement for public assistance.
(5) "Delinquent obligor" means any obligor who is not in
compliance with an order for child support and who appears on the
agency's certified list.
(6) "Department" means the Department of Human Resources.
(7) "License" means a certificate, permit, registration, or any
other authorization issued by any licensing entity that allows a
person to operate a motor vehicle or to engage in a profession,
business, or occupation.
(8) "Licensee" means any person holding a license.
(9) "Licensing entity" means any state agency, department, or
board of this state which issues or renews any license,
certificate, permit, or registration to authorize a person to
drive a motor vehicle, or to engage in a profession, business, or
occupation including those under Article 3 of Chapter 7 of Title
2, the "Georgia Pesticide Use and Application Act of 1976";
Article 13 of Chapter 1 of Title 7, relating to mortgage lenders
and mortgage brokers; Chapter 5 of Title 10, the "Georgia
Securities Act of 1973," relating to securities salespersons and
investment adviser representatives; Part 2 of Article 1 of Chapter
6 of Title 12, relating to foresters; Chapter 4 of Title 26,
relating to pharmacists; Chapter 23 of Title 33, relating to
insurance agents, counselors, and other personnel; Chapter 1 of
Title 43, relating to professions and businesses; Chapter 39A of
Title 43, relating to real estate appraisers; or Chapter 40 of
Title 43, relating to real estate brokers and salespersons.
(b) The agency shall maintain a state-wide certified list of those
persons included in any case enforced under this article for whom an
order for child support has been rendered and who are not in
compliance with that order. The certified list must be updated on a
monthly basis. The agency shall submit to each licensing entity a
certified list with the name, social security number, if known, date
of birth, and last known address of each person on the list.
(c) On or before January 1, 1997, all licensing entities shall
implement procedures to accept and process the list provided by the
agency in accordance with this Code section.
(d) Promptly after receiving the certified list from the agency, all
licensing entities shall determine whether an applicant or licensee
is on the most recent certified list. If an applicant or licensee
is on the certified list, the licensing entity shall immediately
notify the agency. That notification shall include the applicant's
or licensee's last known mailing address on file with the licensing
(e) After receiving notice from a licensing entity of applicants or
licensees who are on the certified list, the agency shall
immediately notify those individuals as specified in subsection (f)
of this Code section of the agency's intent to request that all
pertinent licensing entities suspend all licenses or withhold
issuance or renewal of any license.
(f) Notice for purposes of this Code section shall be initiated by
the department. Notice to the delinquent obligor shall include the
address and telephone number of the agency and shall inform the
delinquent obligor of the agency's intent to submit the obligor's
name to relevant licensing entities and to request that the
licensing entities withhold issuance or renewal of the license, or
suspend the license. Notice shall be sent by first class mail and
receipt by the delinquent obligor may be presumed if the mailing is
not returned to the department within 30 days from the date of
mailing. The notice must also inform the delinquent obligor of the
(1) The delinquent obligor has 20 days from the date of mailing to
come into compliance with the order or to reach an agreement to
pay the delinquency with the agency. If an agreement cannot be
reached within that time or if the delinquent obligor does not
respond within that time, the agency will send notice to the
licensing entities requesting that the licenses be suspended or
the licensure applications be denied;
(2) The obligor may request an administrative hearing and judicial
review of that hearing under subsection (g) of this Code section.
A request for a hearing must be made in writing and must be
received by the agency within 20 days of service of notice; and
(3) If the delinquent obligor requests a hearing within 20 days of
service, the department shall stay all action pending the hearing
and any appeals.
(g) If no response is received from the delinquent obligor by the
department within 30 days from the date of mailing of the notice and
the delinquent obligor is still shown as delinquent on the next
month's list prepared pursuant to subsection (b) of this Code
section, the department shall request one or more licensing entities
to deny or suspend a license of the delinquent obligor. Each
licensing entity shall notify the delinquent obligor by certified
mail or statutory overnight delivery of the date that the license
has been denied or suspended.
(h) All delinquent obligors subject to the sanctions imposed in this
Code section shall have the right to a hearing before an
administrative law judge of the Office of State Administrative
Hearings pursuant to Article 2 of Chapter 13 of Title 50. A
delinquent obligor who requests a hearing within the time prescribed
in subsection (f) of this Code section shall have the right to a
hearing. The hearing shall be conducted as provided in Article 2 of
Chapter 13 of Title 50 within 45 days after such demand is received.
The only issues at the hearing will be the following:
(1) Whether there is an order for child support being enforced
pursuant to this article;
(2) Whether the licensee or applicant is the obligor covered by
(3) Whether the support obligor is or is not in compliance with
the order for child support;
(4) Whether the support obligor shall be entitled to pay past due
child support in periodic payments; and
(5) Whether the support obligor has been able and willing to
comply with such order for support.
With respect to the issues listed in this subsection, evidence
relating to the ability and willingness of an obligor to comply with
such order for support shall be considered in making the decision to
either suspend a license or deny the issuance or renewal of a
license under this Code section. The administrative law judge shall
be authorized to enter into an agreement or enter an order requiring
such periodic payments and, in each event, the administrative law
judge shall be authorized to issue a release for the obligor to
obtain each license or licenses. Such an agreement will not act to
modify an existing child support order, but rather only affects the
payment of the arrearage.
(i) The decision at the hearing shall be subject to appeal and
judicial review pursuant to Article 2 of Chapter 13 of Title 50 but
only as to those issues referred to in subsection (h) of this Code
section. Notwithstanding any hearing requirements for suspension and
denials within each licensing entity, the hearing and appeal
procedures outlined in this Code section shall be the only hearing
required to suspend a license or deny the issuance or renewal of a
license under this Code section.
(j) The department shall prescribe release forms for use by the
agency. When the obligor is determined to be in compliance with an
order for child support or is determined to be not in compliance
with such order but has been determined in a hearing pursuant to
subsection (h) of this Code section to be unable to comply with the
order or to be not willfully out of compliance with such order, the
agency shall mail to the delinquent obligor and the appropriate
licensing entity a notice of release stating such determination.
The receipt of a notice of release shall serve to notify the
delinquent obligor and the licensing entity that, for the purpose of
this Code section, he or she is in compliance with an order for
child support, and the licensing entity shall promptly thereafter
issue or reinstate the license, unless the agency, pursuant to
subsection (b) of this Code section, certifies subsequent to the
issuance of a notice of release that the delinquent obligor is once
again not in compliance with an order for child support.
(k) Any payments received by the department on behalf of a child
support recipient under this Code section shall be forwarded to such
recipient within 15 days after any such payment is received by the
(l) The department may enter into interagency agreements with state
agencies that have responsibility for the administration of
licensing entities as necessary to implement this Code section.
Those agreements shall provide for the receipt by other state
agencies and boards of federal funds to cover that portion of costs
allowable under federal law and regulation and incurred by state
agencies and boards in implementing this Code section.
(m) In furtherance of the public policy of increasing child support
enforcement and collections, on or before January 1, 1998, the
department shall make a report to the General Assembly and the
Governor based on data collected by the boards and the department in
a format prescribed by the department. The report shall contain all
of the following:
(1) The number of delinquent obligors certified by the agency
under this Code section;
(2) The number of delinquent obligors who also were applicants for
issuance or renewal of a license or licensees subject to this Code
(3) The number of new licenses and renewals that were denied
subject to this Code section and the number of new licenses issued
and renewals granted following a licensing entity's receipt of
(4) The number of licenses suspended subject to this Code section,
and the number of licenses reissued following the licensing
entity's receipt of releases; and
(5) The amount of revenue collected by the department after
sending notices pursuant to this Code section.
(n) Any licensing entity receiving an inquiry as to the license
status of an applicant who has had an application for issuance or
renewal of a license denied under this Code section shall respond
only that the license was suspended or the licensure application was
denied pursuant to this Code section.
(o) The department shall, and the licensing entities as appropriate
may, adopt regulations necessary to implement this Code section.