Okla. Stat. tit. 56, § 56-240.15

noncompliance with support order or order for genetic testing to

determine paternity.

A. 1. Except as otherwise provided by this section, the

Department of Human Services, the “Department”, is authorized to

initiate proceedings for the suspension or revocation of a license

and driving privileges or placement of an obligor on probation who

is not in compliance with an order for support.

2. The Department of Human Services, Office of Administrative

Hearings: Child Support, the “OAH”, is authorized to order the

suspension or revocation of a license, or placement of the obligor

who is in noncompliance with an order for support on probation.

Additionally, the OAH is authorized pursuant to Section 6-201.1 of

Title 47 of the Oklahoma Statutes to order the suspension or

revocation of a driver license or driving privileges of an obligor

who is in noncompliance with an order for support.

3. If the obligor is a licensed attorney, the Department may

report the matter to the State Bar Association to suspend or revoke

Oklahoma Statutes - Title 56. Poor Persons Page 159

the professional license of the obligor or other appropriate action

in accordance with the rules of professional conduct and

disciplinary proceedings.

4. The remedy under this section is in addition to any other

enforcement remedy available to the Department.

B. 1. Whenever the Department of Human Services determines

that an obligor may be in noncompliance with an order for support,

before proceeding with suspension, revocation, nonissuance or

nonrenewal of a license of an obligor or placing the obligor on

probation, the Department of Human Services shall issue a notice of

intent of suspension, revocation, nonissuance, or nonrenewal of the

license of the obligor or placing the obligor on probation.

2. The notice shall be served upon the obligor pursuant to

Section 2005 of Title 12 of the Oklahoma Statutes; or, if there is

an address of record, the notice provided in this section may be

served by regular mail to the address of record on file with the

central case registry as provided for in Section 112A of Title 43 of

the Oklahoma Statutes.

3. The notice shall state that the obligor’s license will be

suspended or revoked or the obligor placed on probation twenty (20)

days after service unless within that time the obligor:

a. pays the entire past-due support as stated in the

notice, or enters into a payment plan approved by the

Department,

b. obtains and maintains health insurance coverage as

required by an order of support,

c. complies with all subpoenas and orders relating to

paternity or child support proceedings, and

d. complies with all orders to submit to genetic testing

to determine paternity.

C. A written request for a hearing may be made within twenty
notice, or enters into a payment plan approved by the

Department,

b. obtains and maintains health insurance coverage as

required by an order of support,

c. complies with all subpoenas and orders relating to

paternity or child support proceedings, and

d. complies with all orders to submit to genetic testing

to determine paternity.

C. A written request for a hearing may be made within twenty

(20) days after the date of service of the notice.

D. Upon receipt of a request for hearing from an obligor, the

Department shall schedule a hearing for the purpose of determining

if suspension or revocation of the obligor’s license, or probation,

is appropriate.

E. At a hearing under this section, the OAH shall determine

whether the obligor is in noncompliance with an order for support

and whether suspension or revocation of a license, or probation, is

appropriate.

1. If the obligor enters into a payment plan for the past due

support and is complying with the order for support, the OAH may

order probation pursuant to Section 240.16 of this title.

2. If the OAH determines the obligor is in noncompliance with

an order for support and has not entered into a payment plan for

past due support, the OAH shall issue an order for suspension or

revocation of the obligor’s licenses and driving privileges.

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F. If an obligor fails to respond to a notice issued under this

section, fails to request a timely hearing, or fails to appear at a

scheduled hearing, the obligor’s defenses, objections or request for

a payment plan shall be considered without merit and the OAH shall

enter an order of suspension, revocation, nonissuance or nonrenewal

of a license to the licensing board and to the obligor. If the OAH

orders probation, the appropriate licensing board shall not be

notified and no action is required of that board.

G. The determinations of the OAH pursuant to this section are a

final agency decision and are subject to judicial review pursuant to

Section 240.3 of this title. Judicial review shall be confined to

the record of the administrative proceedings.

H. A determination made by the OAH pursuant to this section is

independent of any proceeding of the licensing board to suspend,

revoke, deny, terminate, or renew a license.

I. The OAH has the authority to order the suspension or

revocation of a license and driving privileges or the placement of

an obligor on probation without any action by the licensing board.

The licensing board shall, upon receipt of an order issued by the

OAH, revoke, suspend, or refuse to renew or reissue the license and

driving privileges of the named individual.

J. For purposes of this section and Sections 240.16 through

240.21 of this title and Section 6-201.1 of Title 47 of the Oklahoma

Statutes, the term “noncompliance with an order for support” means

that the obligor has failed to make child support payments required

by a child support order in an amount equal to the child support

payable for at least ninety (90) days, has failed to make full

payments pursuant to a court-ordered payment plan for at least

ninety (90) days, has failed to obtain or maintain health insurance

coverage for at least ninety (90) days as required by a support

order, has failed to comply with subpoenas or orders relating to

paternity or child support proceedings, or has failed to comply with

an order to submit to genetic testing to determine paternity.

K. The provisions of this section may be used to suspend,

revoke, not issue or not renew the licenses of the custodian of a

child who fails to comply with an order to submit to genetic testing

to determine paternity.