CHAPTER 1.2. EFFECT OF DELINQUENCY IN CHILD SUPPORT PAYMENTS ON LICENSED OR REGISTERED PERSONS
IC 25-1-1.2
Chapter 1.2. Effect of Delinquency in Child Support Payments onLicensed or Registered Persons
IC 25-1-1.2-1
"Applicant" defined
Sec. 1. As used in this chapter, "applicant" means a person whoapplies for:
(1) an unlimited license, certificate, registration, or permit;
(2) a limited or probationary license, certificate, registration, orpermit;
(3) a temporary license, certificate, registration, or permit; or
(4) an intern permit;
issued by a board regulating a profession or an occupation.
As added by P.L.133-1995, SEC.19.
IC 25-1-1.2-2
"Board" defined
Sec. 2. As used in this chapter, "board" means an entity thatregulates occupations or professions under this title and thedepartment of education as established by IC 20-19-3-1.
As added by P.L.133-1995, SEC.19. Amended by P.L.1-2005,SEC.191; P.L.246-2005, SEC.210.
IC 25-1-1.2-3
"Bureau" defined
Sec. 3. As used in this chapter, "bureau" means the child supportbureau established by IC 31-25-3-1.
As added by P.L.133-1995, SEC.19. Amended by P.L.145-2006,SEC.157.
IC 25-1-1.2-4
"Delinquent" defined
Sec. 4. As used in this chapter, "delinquent" means at least:
(1) two thousand dollars ($2,000); or
(2) three (3) months;
past due on payment of court ordered child support.
As added by P.L.133-1995, SEC.19. Amended by P.L.23-1996,SEC.18.
IC 25-1-1.2-5
"License" defined
Sec. 5. As used in this chapter, "license" has the meaning set forthin IC 25-1-2-6.
As added by P.L.133-1995, SEC.19.
IC 25-1-1.2-6
"Practitioner" defined
Sec. 6. As used in this chapter, "practitioner" means a person thatholds: (1) an unlimited license, certificate, registration, or permit;
(2) a limited or probationary license, certificate, registration, orpermit;
(3) a temporary license, certificate, registration, or permit; or
(4) an intern permit;
issued by a board regulating a profession or an occupation.
As added by P.L.133-1995, SEC.19.
IC 25-1-1.2-7
Order for suspension or denial of license; notice to practitioner;contents; reinstatement
Sec. 7. (a) Upon receiving an order of a court issued underIC 31-14-12-5 or IC 31-16-12-8 (or IC 31-1-11.5-13(k) orIC 31-6-6.1-16(k) before their repeal), the board shall:
(1) suspend the license of the practitioner; or
(2) deny the application of the applicant;
who is the subject of the order.
(b) Upon receiving an order of a court issued under IC 31-14-12-5or IC 31-16-12-8 (or IC 31-1-11.5-13(k) or IC 31-6-6.1-16(k) beforetheir repeal), the board shall promptly mail a notice to the last knownaddress of the person who is the subject of the order, stating thefollowing:
(1) That the practitioner's license has been suspended,beginning five (5) business days after the date the notice ismailed, and that the suspension will terminate ten (10) businessdays after the board receives an order allowing reinstatementfrom the court that issued the suspension order.
(2) That the practitioner has the right to petition forreinstatement of the practitioner's license to the court that issuedthe order for suspension.
(c) The board may not reinstate a license suspended under thissection until the board receives an order allowing reinstatement fromthe court that issued the order for suspension.
As added by P.L.133-1995, SEC.19. Amended by P.L.23-1996,SEC.19; P.L.1-1997, SEC.109.
IC 25-1-1.2-8
Notice of delinquency; contents; delinquency finding; probationarystatus; suspension; reinstatement
Sec. 8. (a) The board shall, upon receiving an order from thebureau under IC 31-25-4-32(e), send a notice to the practitioneridentified by the bureau that includes the following:
(1) Specifies that the practitioner is delinquent and is subject toan order placing the practitioner on probationary status.
(2) Describes the amount of child support that the practitioneris in arrears.
(3) Explains that unless the practitioner contacts the bureau and:
(A) pays the practitioner's child support arrearage in full;
(B) establishes a payment plan with the bureau to pay thearrearage, which must include an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; or
(C) requests a hearing under IC 31-25-4-33;
within twenty (20) days after the date the notice is mailed, theboard shall place the practitioner on probationary status.
(4) Explains that the practitioner may contest the bureau'sdetermination that the practitioner is delinquent and subject toan order placing the practitioner on probationary status bymaking written application to the bureau within twenty (20)days after the date the notice is mailed.
(5) Explains that the only basis for contesting the bureau'sdetermination that the practitioner is delinquent and subject toan order placing the practitioner on probationary status is amistake of fact.
(6) Explains the procedures to:
(A) pay the practitioner's child support arrearage in full;
(B) establish a payment plan with the bureau to pay thearrearage, which must include an income withholding orderunder IC 31-16-15-2 or IC 31-16-15-2.5; and
(C) request a hearing under IC 31-25-4-33.
(7) Explains that the probation will terminate ten (10) businessdays after the board receives a notice from the bureau that thepractitioner has:
(A) paid the practitioner's child support arrearage in full; or
(B) established a payment plan with the bureau to pay thearrearage, which includes an income withholding orderunder IC 31-16-15-2 or IC 31-16-15-2.5.
(b) If the board is advised by the bureau that the practitioner eitherrequested a hearing and failed to appear or appeared and was foundto be delinquent, the board shall promptly mail a notice to thepractitioner who is the subject of the order stating the following:
(1) That the practitioner's license has been placed onprobationary status, beginning five (5) business days after thedate the notice is mailed, and that the probation will terminateten (10) business days after the board receives a notice from thebureau that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay thearrearage, which includes an income withholding orderunder IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That if the board is advised by the bureau that thepractitioner whose license has been placed on probationarystatus has failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay thearrearage, which includes an income withholding orderunder IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, theboard shall suspend the practitioner's license.
(c) If the board is advised by the bureau that the practitionerwhose license has been placed on probationary status has failed to: (1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay thearrearage, which includes an income withholding order underIC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, the boardshall suspend the practitioner's license.
(d) The board may not reinstate a license or permit placed onprobation or suspended under this section until the board receives anotice from the bureau that the person has:
(1) paid the person's child support arrearage in full; or
(2) established a payment plan with the bureau to pay thearrearage, which includes an income withholding order underIC 31-16-15-2 or IC 31-16-15-2.5.
As added by P.L.133-1995, SEC.19. Amended by P.L.23-1996,SEC.20; P.L.1-1997, SEC.110; P.L.145-2006, SEC.158;P.L.103-2007, SEC.7.
IC 25-1-1.2-9
Repealed
(Repealed by P.L.23-1996, SEC.33.)
IC 25-1-1.2-10
Repealed
(Repealed by P.L.23-1996, SEC.33.)