Section 161-B:11 Revocation and Denial of Licenses.

NEW HAMPSHIRE STATUTES AND CODES

Section 161-B:11 Revocation and Denial of Licenses.

   I. The department shall be authorized to certify that an obligor is not in compliance with a legal order of support, or that any party has failed, after receiving notice, to comply with subpoenas or orders relating to paternity or child support proceedings, to any licensing board for the purpose of suspending, revoking, or denying the issuance or renewal of any appropriate license or licenses held by the obligor or party.
   II. The department shall give notice to an obligor who is not in compliance with a legal order of support, informing the obligor of the department's intention to certify the obligor to any appropriate licensing board. Service of such notice shall be deemed sufficient if provided in accordance with RSA 161-B:9 and RSA 161-B:10 or as otherwise provided by law. Notice of the department's intention to certify the obligor to any appropriate licensing board shall include:
      (a) A statement of the terms of the order, including the names of the dependent children.
      (b) A statement of the accrued arrearage which indicates that the obligor is not in compliance with a legal order for support.
      (c) A statement indicating that certification of the obligor to a licensing board for noncompliance with a legal order of support shall result in the licensing board revoking any appropriate license or licenses held by the obligor, or refusing to issue or reissue any appropriate license or licenses.
      (d) A statement of the procedures available to the obligor for contesting certification to a licensing board which shall include notice of the process available to the obligor for administrative and judicial review.
   III. The department may certify in writing to any appropriate board that an obligor is not in compliance with a legal order of support 21 days after issuing notice pursuant to paragraph II. If the obligor contests the certification under subparagraphs (a) or (b)(2), the department shall stay the certification action in accordance with this section. The obligor may contest certification as follows:
      (a) The obligor may request a supervisory review to contest the certification. A request for supervisory review must be made in writing and received by the department within 21 days of service of the notice of noncompliance pursuant to paragraph II. The issues that may be considered on review are limited to mistake of fact and whether the obligor is in compliance with the legal order of support. Within 20 days of the supervisory review, the person conducting the review shall issue a written decision and forward the decision to the obligor.
      (b) If the obligor does not request a supervisory review within 21 days of service and is not in compliance with the legal order of support, the department may certify the obligor to any appropriate board for the purpose of suspending, revoking, or denying the issuance or renewal of any appropriate license or licenses, unless:
         (1) The obligor comes into compliance with the legal order of support; or
         (2) A motion to modify is pending at the time of certification, or the obligor has filed a motion with the court to modify the legal order of support, within 21 days of the service of the notice of noncompliance, pursuant to which the court could change the obligor's support obligation, amount of arrearage owed, or the amount of the payment toward the arrearage. The motion to modify may request that the court make a determination of good cause without the need to request a supervisory review, provided such claim is made within 21 days of the service of the notice of noncompliance.
      (c) Within 30 days of the written decision pursuant to the supervisory review, the obligor may request an administrative hearing to contest the issue of compliance. A request for hearing must be received by the department within 30 days of the written decision pursuant to the supervisory review. The hearing shall be conducted by a hearings officer in accordance with rules for fair hearings adopted by the commissioner pursuant to RSA 541-A. The issues that may be considered at hearing are limited to mistake of fact and whether the obligor is in compliance with a legal order of support. The hearings officer shall issue a written decision within 20 days of the hearing and forward the decision to the obligor.
      (d) Within 30 days of the written decision pursuant to the administrative hearing, the obligor may appeal to the superior court. Such appeal shall be restricted to a review of the record. Upon review of the record, the court in its discretion may request the submission of additional evidence and order a hearing on the additional evidence.
   IV. Within 10 days of certification, the appropriate board shall notify the obligor that the obligor's license or licenses have been revoked due to such certification.
   V. Once the department certifies to a licensing board that an obligor is not in compliance with a legal order of support or a license has been revoked pursuant to this chapter, the board shall refuse to issue or reissue a license until the obligor provides the board with a release from the department which states that the obligor is in compliance with the legal order of support. The obligor shall not be permitted to challenge the certification before any licensing board.
   VI. When an obligor, after certification, subsequently complies with the legal order of support, the department shall provide the obligor with a written release indicating that the obligor is in compliance with the legal order of support. Upon the obligor providing the appropriate board with a copy of the release, the board shall grant, reissue, or renew the license or licenses of the obligor in accordance with the issuing authority of the licensing board and subject to administrative costs and fees of the licensing board, if any, unless such license has otherwise been revoked.
   VI-a. The social security number of any applicant for a professional license, commercial driver's license, occupational license, or marriage license shall be recorded on the application, provided that if the use of a number other than the social security number is allowed, the applicant shall be so advised. Any application required by this section to contain a social security number shall be confidential and not subject to the right to know law. The use of such number shall be limited to proceedings or actions to establish paternity or to establish or enforce support and shall only be provided to or entered in any out-of-state or federal data base for those cases for which the department is providing services.
   VII. The commissioner is authorized to enter into agreements with the various licensing boards as necessary to implement this chapter.