DOC

Ch 7 - 29-250

By Diana Ferguson,2014-05-07 17:09
14 views 0
Ch 7 - 29-250

29-250 DEPARTMENT OF THE SECRETARY OF STATE

     BUREAU OF MOTOR VEHICLES

Chapter 7: RULES FOR THE SUSPENSION OF LICENSES FOR FAILURE TO

    COMPLY WITH CHILD SUPPORT ORDERS

    Summary: These rules implement the provisions of 19 MRSA ?? 305 - 307 and 29 MRSA ? 791 which require the Secretary of State to suspend the driver's and business licenses of an individual

    whom the Commissioner of Human Services certifies is not in compliance with a court order of

    child support.

1. Purposes. The purpose of these rules is to implement the provisions of 19 MRSA ?? 305 -

    307 and 29 MRSA ? 791 which require the Secretary of State to suspend the driver's and

    business licenses of individuals whom the Commissioner of Human Services certifies are

    not in compliance with court orders of child support. The rules establish license suspension

    and restoration requirements and set conditions for the issuance of temporary driver's

    licenses.

2. Definitions. For the purpose of these rules the following definitions apply:

     A. Commissioner of Human Services means the Commissioner of Human Services, a

    designee or an authorized representative.

     B. Business license means a license granting authority to engage in a profession,

    occupation, business or industry.

     C. Compliance with a court order of support has the same meaning as found in

    section 2(B) of Title 19, Maine Revised Statutes Annotated.

     D. Court order of support has the same meaning as found in section 2(C) of Title 19,

    Maine Revised Statutes Annotated.

     E. Driver's license has the same meaning as license as defined in section 1(3-G) of

    Title 29, Maine Revised Statutes Annotated.

     F. Secretary of State means the Secretary of State, a designee or an authorized

    representative.

    29-250 Chapter 7 page 2

    3. Compliance with child support orders. The privilege of an individual to possess or

    apply for a driver's or business license is conditioned on compliance with court orders of

    child support.

4. Certification of noncompliance with child support orders

     The Secretary of State shall suspend the driver's and business license or privilege to apply

    for such a license of any individual whom the Commissioner of Human Services certifies,

    in writing, is not in compliance with a court order of support. An individual whose

    driver's license is suspended may file a petition for review with the Superior Court within

    30 days from receipt of the notice of driver's license suspension to challenge the action.

5. License reinstatement. Unless the driver's or business license suspension is rescinded by

    a court, the Secretary of State may terminate the suspension upon receipt of a written

    release from the Commissioner of Human Services stating that the individual is in

    compliance with a court order of support; the individual's license is not suspended for any

    other reason; and the individual pays any applicable reinstatement fees to the Secretary of

    State.

6. Temporary Driver's License

     A. Conditional release. The Secretary of State may issue a temporary driver's license

    with or without restrictions, which may not exceed 120 days, to an individual

    whose driver's license is suspended upon receipt of a conditional release from the

    Commissioner of Human Services.

     B. Relevant Information. In deciding whether to issue a temporary driver's license the

    Secretary of State may consider relevant factors, including but not limited to: the

    hardship resulting from the driver's license suspension, the existence of alternative

    means of transportation, the needs of the individual, the past driving record of the

    individual and the public safety. Application for a temporary driver's license must

    be made on a form provided or approved by the Secretary of State.

     C. Hearing. If a temporary driver's license is not granted, the individual may make a

    written request for an administrative hearing before the Secretary of State to show

    cause why a temporary license should be issued.

    29-250 Chapter 7 page 3

    There will be no fiscal impact to municipalities as the result of the adoption of this rule.

STATUTORY AUTHORITY: 29 MRSA Section 791(5).

EFFECTIVE DATE:

     March 14, 1994

EFFECTIVE DATE (ELECTRONIC CONVERSION):

     May 4, 1996

NON-SUBSTANTIVE CORRECTION:

     December 14, 2000 - converted to MS Word, formatting

Report this document

For any questions or suggestions please email
cust-service@docsford.com