CHAPTER 3. LICENSURE AND REGISTRATION
IC 27-10-3
Chapter 3. Licensure and Registration
IC 27-10-3-1
Bail agent and recovery agent; licenses; qualifications
Sec. 1. (a) A person may not act in the capacity of a bail agent orrecovery agent or perform any of the functions, duties, or powersprescribed for bail agents or recovery agents under this article unlessthe person is qualified and licensed as provided in this article.However, none of the terms of this section shall prohibit anyindividual or individuals from:
(1) pledging real or other property as security for a bail bond injudicial proceedings and where the individual does not receive,or is not promised, money or other things of value; or
(2) executing any bail bond for an insurer, pursuant to a bailbond service agreement entered into between the insurer andany automobile club or association, financing institution,insurance company, or other organization or association, and onbehalf of a person required to furnish bail in connection withany violation of law arising out of the use of a motor vehicle.
(b) A license:
(1) may not be issued except in compliance with this article;and
(2) may only be issued to an individual.
However, upon an affirmative showing to the commissioner inwriting by an individual that the individual is an all lines fire andcasualty insurance producer, a surety bail agent license shall beissued to the individual without further qualification or fee torepresent an insurer the individual is licensed to represent. Theindividual shall be subject to and governed by laws and rules relatingto bail agents when engaged in the activities of a bail agent.
(c) A firm, a partnership, an association, a limited liabilitycompany, or a corporation may not be licensed.
(d) The applicant must apply in writing, on forms prepared andsupplied by the commissioner, and the commissioner may propoundany reasonable interrogatories to an applicant for a license under thisarticle or on any renewal of a license relating to the applicant'squalifications, residence, prospective place of business, and anyother matters which, in the opinion of the commissioner, are deemednecessary or expedient in order to protect the public and ascertain thequalifications of the applicant. The commissioner may also conductany reasonable inquiry or investigation the commissioner sees fit,relative to the determination of the applicant's fitness to be licensedor to continue to be licensed.
(e) The failure of the applicant to secure approval of thecommissioner shall not preclude the applicant from applying as manytimes as the applicant desires. However, an applicant's applicationmay not be considered by the commissioner within one (1) yearsubsequent to the date upon which the commissioner denied theapplicant's last application.As added by P.L.261-1985, SEC.1. Amended by P.L.8-1993,SEC.434; P.L.224-1993, SEC.12; P.L.1-1994, SEC.140;P.L.178-2003, SEC.81.
IC 27-10-3-2
Expiration of licenses; renewal; reinstatement
Sec. 2. (a) All licenses issued expire two (2) years after the end ofthe month of issue based on the schedule set forth in subsection (b)unless the licensee is on probation or the licensee's license wasrevoked or suspended before that date by the commissioner or uponnotice served upon the commissioner that the insurer or employer ofany recovery agent has canceled the licensee's authority to act for theinsurer or employer.
(b) A license must be renewed under this article according to thefollowing schedule:
(1) A licensee whose last name commences with the letters Athrough H shall renew a license before the last day of Augustevery other calendar year beginning August 1993.
(2) A licensee whose last name commences with the letters Ithrough R shall renew a license before the last day ofSeptember every other calendar year beginning September1993.
(3) A licensee whose last name commences with the letters Sthrough Z shall renew a license before the last day of Octoberevery other calendar year beginning October 1993.
(c) A licensee who is issued a new license with not more than one(1) year remaining shall pay fifty percent (50%) of the fee set forthin section 4 of this chapter.
(d) A license that has expired may be reinstated if:
(1) the licensee:
(A) applies for reinstatement not more than ninety (90) daysafter the expiration date;
(B) is not on probation;
(C) has not previously been denied a license;
(D) pays:
(i) a pro rata part of the license fee required under section7 of this chapter based on the renewal schedule set forth insubsection (b); plus
(ii) to the commissioner a license reinstatement fee of onehundred dollars ($100); and
(E) meets all other requirements for licensure; and
(2) the license was not revoked or suspended at the time that thelicense expired.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.13; P.L.1-1994, SEC.141; P.L.102-2005, SEC.1.
IC 27-10-3-3
Applications; qualifications
Sec. 3. (a) The application for license, in addition to the mattersset out in section 1 of this chapter, to serve as a bail agent must
affirmatively show that:
(1) the applicant is at least eighteen (18) years of age and is ofgood moral character;
(2) the applicant has never been convicted of a disqualifyingoffense, notwithstanding IC 25-1-1.1, or:
(A) in the case of a felony conviction, at least ten (10) yearshave passed since the date of the applicant's conviction orrelease from imprisonment, parole, or probation, whicheveris later; or
(B) in the case of a misdemeanor disqualifying offense, atleast five (5) years have passed since the date of theapplicant's conviction or release from imprisonment, parole,or probation, whichever is later;
(3) the applicant has knowledge or experience in the bail bondbusiness, or has held a valid all lines fire and casualty insuranceproducer's license for one (1) year within the last five (5) years,or has been employed by a company engaged in writing bailbonds in which field the applicant has actively engaged for atleast one (1) year of the last five (5) years; and
(4) the applicant has completed at least twelve (12) hours ofinstruction in courses approved by the commissioner undersection 7.1 of this chapter that pertain to the duties andresponsibilities of a bail agent or recovery agent, includinginstruction in the laws that relate to the conduct of a bail agentor recovery agent.
(b) The application must affirmatively show that the applicant hasbeen a bona fide resident of Indiana for one (1) year immediatelypreceding the date of application. However, the commissioner maywaive this requirement.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.14; P.L.178-2003, SEC.82; P.L.102-2005, SEC.2.
IC 27-10-3-4
Examination; fees; fingerprints and photographs
Sec. 4. (a) A license fee of six hundred fifty dollars ($650) and anexamination fee of one hundred dollars ($100) must be submitted tothe commissioner with each application for the issuance of a bailagent's license.
(b) An applicant for a bail agent's license must also furnish withthe application a complete set of the applicant's fingerprints and arecent credential-size full face photograph of the applicant. Theapplicant's fingerprints must be certified by an authorized lawenforcement officer.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.15.
IC 27-10-3-5
Recovery agent; additional licensing requirements; fees;fingerprints and photographs
Sec. 5. In addition to the requirements prescribed in section 1 of
this chapter, an applicant for a license to serve as a recovery agentmust affirmatively show that:
(1) the applicant is at least eighteen (18) years of age;
(2) the applicant is a citizen of the United States and has beena bona fide resident of this state for more than six (6) monthsimmediately preceding the date of application;
(3) the applicant has never been convicted of a disqualifyingoffense, notwithstanding IC 25-1-1.1, or:
(A) in the case of a felony conviction, at least ten (10) yearshave passed since the date of the applicant's conviction orrelease from imprisonment, parole, or probation, whicheveris later; or
(B) in the case of a misdemeanor disqualifying offense, atleast five (5) years have passed since the date of theapplicant's conviction or release from imprisonment, parole,or probation, whichever is later; and
(4) the applicant has completed at least twelve (12) hours ofinstruction in courses approved by the commissioner undersection 7.1 of this chapter that pertain to the duties andresponsibilities of a bail agent or recovery agent, includinginstruction in the laws that relate to the conduct of a bail agentor recovery agent.
A license fee of three hundred dollars ($300) and an examination feeof one hundred dollars ($100) shall be submitted to the commissionerwith each application, together with the applicant's fingerprints andphotograph.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.16; P.L.102-2005, SEC.3.
IC 27-10-3-6
Examination; application
Sec. 6. (a) The applicant for a bail agent's or recovery agent'slicense shall be required to appear in person and take a writtenexamination prepared by the commissioner testing the applicant'sability and qualifications to be a bail agent or recovery agent.
(b) An applicant is eligible for examination after the date theapplication is received by the commissioner, if the commissioner issatisfied as to the applicant's fitness to take the examination.Examinations shall be held at times and places designated by thecommissioner, and an applicant shall be given notice of a time andplace not less than fifteen (15) days prior to taking the examination.
(c) The failure of an applicant to pass an examination may notpreclude the applicant from taking subsequent examinations.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.17; P.L.348-1995, SEC.4.
IC 27-10-3-7
Renewal; fees; continuing education
Sec. 7. (a) A renewal license shall be issued by the commissionerto a licensee who: (1) has continuously maintained a license in effect;
(2) pays a renewal fee of:
(A) six hundred fifty dollars ($650) for bail agents; and
(B) three hundred dollars ($300) for recovery agents;
(3) has fulfilled the continuing education requirement asrequired under subsection (b);
(4) satisfactorily completes a renewal examination if requiredby the commissioner; and
(5) has in all other respects complied with and been subject tothis article.
(b) A licensee shall complete at least six (6) hours of continuingeducation courses that:
(1) are approved under section 7.1 of this chapter; and
(2) apply to the licensee's particular license, includinginstruction in the laws that relate to the conduct of a bail agentor recovery agent;
during each license period. A continuing education course that isused to fulfill the continuing education requirements for an insuranceproducer license under IC 27-1-15.7 may not be used to satisfy thecontinuing education requirement set forth in this section.
(c) After the receipt of the licensee's application for renewal, thecurrent license continues in effect until the renewal license is issued,suspended, or denied for cause.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.18; P.L.102-2005, SEC.4.
IC 27-10-3-7.1
Continuing education course approval; fees; criteria
Sec. 7.1. (a) A provider of courses required for licensure undersections 3 and 5 of this chapter or license renewal under section 7 ofthis chapter:
(1) shall obtain from the commissioner approval of the coursesand instructors before the courses are conducted;
(2) shall annually pay to the commissioner a reasonable fee, asdetermined by the commissioner; and
(3) shall comply with any other requirements established by thecommissioner.
(b) A provider described in subsection (a) may charge areasonable fee for attendance at an approved course.
(c) A fee paid under subsection (a)(2) must be:
(1) deposited in the bail bond enforcement and administrationfund created under IC 27-10-5-1; and
(2) used to implement this article.
(d) The commissioner shall:
(1) establish criteria for approval or disapproval of instructorsand courses required for:
(A) licensure under sections 3 and 5 of this chapter; and
(B) license renewal under section 7 of this chapter; and
(2) approve or disapprove instructors and courses specified insubdivision (1);that pertain to the duties and responsibilities of a bail agent andrecovery agent, including instruction concerning the laws that relateto the conduct of a bail agent and recovery agent.
As added by P.L.102-2005, SEC.5.
IC 27-10-3-8
Denial, suspension, or revocation of licenses; refusal to renew
Sec. 8. (a) The commissioner shall deny, suspend, revoke, orrefuse to renew any license issued under this article for any of thefollowing causes:
(1) Any cause for which issuance of the license could have beenrefused had it then existed and been known to thecommissioner.
(2) Violation of any laws of this state in the course of dealingsunder any license issued the licensee by the commissioner.
(3) Material misstatement, misrepresentation, or fraud inobtaining the license.
(4) Misappropriation, conversion, or unlawful withholding ofmoney belonging to insurers or others and received in theconduct of business under any license issued to the licensee bythe commissioner.
(5) Fraudulent or dishonest practices in the conduct of businessunder any license issued to the licensee by the commissioner.
(6) Willful failure to comply with or willful violation of anyproper order or rule of the commissioner.
(7) When, in the judgment of the commissioner, the licenseehas, in the conduct of affairs under the license, demonstrated:
(A) incompetency or untrustworthiness;
(B) conduct or practices rendering the licensee unfit to carryon the bail bond business or making the licensee'scontinuance in such business detrimental to the publicinterest;
(C) that the licensee is no longer in good faith carrying onthe bail bond business; or
(D) that the licensee is guilty of rebating, or offering torebate, or unlawfully dividing, or offering to divide, thelicensee's commissions in the case of limited surety agents;
and for such reasons is found by the commissioner to be asource of detriment, injury, or loss to the public.
(8) The listing of the name of the applicant or licensee on themost recent tax warrant list supplied to the commissioner by thedepartment of state revenue.
(b) The commissioner shall refuse to:
(1) issue a license; or
(2) renew a license issued;
under this chapter to a person who is the subject of an order issuedby a court under IC 31-14-12-7 or IC 31-16-12-10 (orIC 31-1-11.5-13(m) or IC 31-6-6.1-16(m) before their repeal).
(c) The commissioner may also levy a civil penalty of not morethan ten thousand dollars ($10,000) for any of the causes listed in
subsection (a). Any civil penalty levied under this subsection may beenforced in the same manner as a civil judgment.
(d) When a person who holds a license under this chapter entersa plea of guilty to a disqualifying offense, the commissioner,immediately upon the court's acceptance of the plea, shall revoke theperson's license. The commissioner shall revoke the license of anyperson who is convicted of a disqualifying offense immediately uponconviction. The pending of sentencing or the pending of an appeal ofa conviction of a disqualifying offense does not stay the revocationof a license under this subsection. A person convicted of a felony isnot eligible to reapply for a license until ten (10) years from the dateof conviction or release from imprisonment, parole, or probation,whichever is later. A person convicted of a misdemeanordisqualifying offense is not eligible to reapply for a license until five(5) years from the date of conviction or release from imprisonment,parole, or probation, whichever is later.
As added by P.L.261-1985, SEC.1. Amended by P.L.29-1987, SEC.5;P.L.185-1996, SEC.16; P.L.23-1996, SEC.28; P.L.1-1997, SEC.114.
IC 27-10-3-9
Suspension or revocation of licenses; hearings; witnesses;attorneys; penalty
Sec. 9. (a) If, after investigation, the commissioner determinesthat a licensed bail agent or recovery agent has been guilty ofviolating any of the laws of this state relating to bail bonds or hascommitted any disqualifying offense, the commissioner shall, uponten (10) days notice in writing to:
(1) the bail agent or recovery agent; and
(2) the insurer represented by the bail agent if a surety bailagent;
accompanied by a copy of the charges of the unlawful conduct of thebail agent or the recovery agent, suspend the license of the bail agentor the recovery agent, unless on or before the expiration of the ten(10) days the bail agent or the recovery agent makes a writtenresponse to the commissioner concerning the charges.
(b) If, after the expiration of ten (10) days and within twenty (20)days after the expiration of the ten (10) days, the bail agent or therecovery agent fails to make a written response to the charges, thecommissioner shall suspend or revoke the license of the bail agent orthe recovery agent. If, however, the bail agent or the recovery agentfiles a written response denying the charges within the timespecified, the commissioner shall call a hearing within a reasonabletime for the purpose of taking testimony and evidence on any issueof facts made by the charges and answer.
(c) The commissioner shall give notice to:
(1) the bail agent or the recovery agent; and
(2) the insurer represented by the bail agent if a surety bailagent;
of the time and place of the hearing. The parties may producewitnesses and appear personally with or without representation by
counsel.
(d) If, following the hearing, the commissioner determines by apreponderance of the evidence that the bail agent or the recoveryagent is guilty as alleged in the charges, whether or not convicted incourt, the commissioner shall publish the determination not later thanthirty (30) days after the conclusion of the hearing and shall:
(1) revoke the license of the bail agent or the recovery agent; or
(2) suspend the bail agent for a definite period of time to befixed in the order of suspension.
The commissioner may also levy a civil penalty against the bail agentor the recovery agent that is not more than ten thousand dollars($10,000).
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.19; P.L.102-2005, SEC.6.
IC 27-10-3-10
Suspension or revocation of licenses; appeals
Sec. 10. An applicant for license as a bail agent or recovery agentwhose:
(1) application has been denied; or
(2) license has been suspended, revoked, or denied renewal bythe commissioner;
may appeal to the circuit court of the county from which the bailagent or recovery agent applied for the license. The appeal shall beheard de novo.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.20.
IC 27-10-3-11
Surety bail agents; terminating appointment; premiums owed;remedies
Sec. 11. (a) An insurer who appoints a surety bail agent in Indianashall give notice of the appointment to the commissioner along witha written application for license for the bail agent. All appointmentsare subject to the issuance of a license to the surety bail agent.
(b) If an insurer appoints a surety bail agent under subsection (a),not later than sixty (60) days after the appointment, the appointeeshall submit to the commissioner an affidavit:
(1) on a form prescribed by the commissioner;
(2) signed by the appointee; and
(3) that states:
(A) whether the appointee owes premiums to a formerinsurer or an agency to which the appointee reported onbehalf of a former insurer;
(B) to whom the appointee owes a premium;
(C) the amount of the premium owed; and
(D) whether there is a dispute concerning the premium.
(c) An appointee shall provide a copy of an affidavit submittedunder subsection (b) by certified mail to each of the appointee'sformer insurers or agents to which the appointee reported on behalf
of a former insurer in the six (6) years immediately preceding theappointee's appointment under subsection (a).
(d) Not more than one hundred eighty (180) days after receivinga copy of an appointee's affidavit provided under subsection (c), aformer insurer or agent that has knowledge that the affidavit is untruemay file a petition with the commissioner stating that the appointeestill owes a premium to the insurer or agent in violation ofIC 27-10-4-7 and requesting relief. At the same time that the insureror agent files the petition with the commissioner, the insurer or agentshall mail a copy of the petition to the appointee by certified mail.The appointee may file a response with the commissioner not laterthan ten (10) days after the appointee receives the petition.
(e) Upon receipt of the petition and response, if filed, undersubsection (d), the commissioner may conduct an investigation andinstitute proceedings in accordance with section 9 of this chapter.
(f) The remedies provided in this section are not the exclusiveremedies available to an insurer or agent. The election of an insureror agent to seek a remedy under this section does not preclude theinsurer or agent from seeking other remedies available at law or inequity, and is not a prerequisite for an insurer or agent to seek otherremedies available at law or in equity.
(g) An insurer that terminates the appointment of a surety bailagent shall file written notice of the termination with thecommissioner together with a statement that the insurer has given ormailed notice to the surety bail agent. The notice filed with thecommissioner must state the reasons, if any, for the termination.Information furnished to the commissioner is confidential and maynot be used as evidence in or a basis for any action against theinsurer or any of the insurer's representatives.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.21; P.L.348-1995, SEC.5; P.L.102-2005, SEC.7.
IC 27-10-3-12
Deposits in accounts of insurers or agents; reports
Sec. 12. All insurers or general agents requiring bail bond agentsto post deposits pursuant to their bail bond writing authority mustmaintain those deposits in a bank, savings association, or creditunion in this state. Each insurer or general agent shall report to thecommissioner the location of each agent's account at the time of theagent's license issuance or renewal. Any change in the location of anagent's account shall be reported by the insurer or general agent tothe commissioner within thirty (30) days of the change of location.
As added by P.L.261-1985, SEC.1. Amended by P.L.79-1998,SEC.33.
IC 27-10-3-13
Discontinuing business; return of license
Sec. 13. A bail agent who discontinues writing bail bonds duringthe period for which the bail agent is licensed shall:
(1) notify the clerks of the circuit court and the sheriffs with
whom the bail agent is registered; and
(2) return the bail agent's license to the commissioner forcancellation;
within thirty (30) days after the discontinuance.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.22.
IC 27-10-3-14
Recovery agent; use of licensed persons; list
Sec. 14. A person who is licensed as a bail agent may use as arecovery agent any person who holds a valid recovery agent's license.A bail agent must, on or before October 1 of each year, furnish to thecommissioner, on a form supplied by the commissioner, a list of allrecovery agents used by the bail agent during the preceding year.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.23.
IC 27-10-3-15
Insurers; deposits; engaging in bail bond business
Sec. 15. All insurers must deposit with the commissioner cash,United States treasury notes, or bonds in bearer form with couponsattached having a par value of at least seventy-five thousand dollars($75,000) in order to obtain a license to engage in the bail bondbusiness, out of which the commissioner shall satisfy judgment on allforfeitures which have not been paid. Such deposit shall be subjectto all laws and rules as are deposits by domestic insurancecompanies.
As added by P.L.261-1985, SEC.1. Amended by P.L.255-1995,SEC.12.
IC 27-10-3-16
Repealed
(Repealed by P.L.224-1993, SEC.32.)
IC 27-10-3-17
Registration of licenses; power of attorney
Sec. 17. (a) A bail agent may not become a surety on anundertaking unless the bail agent has registered the bail agent'slicense in the office of the sheriff and with the clerk of the circuitcourt in the county in which the bail agent resides. The bail agentmay then become a surety on an undertaking in any other countyupon filing a copy of the bail agent's license in the office of thesheriff and with the clerk of the circuit court in the other county. Asurety bail agent must also file an original qualifying power ofattorney signed by the bail agent and attached to a specimen bailbond with the clerk of the circuit court and file a copy of thequalifying power of attorney with the office of the sheriff. The clerkof the circuit court and the sheriff may not permit the registration ofa bail agent unless the bail agent is currently licensed by thecommissioner under this article. (b) A recovery agent may not perform the recovery agent's dutiesunless the recovery agent has registered the recovery agent's licensewithin fifteen (15) days of issuance or any renewal in the office ofthe sheriff and with the clerk of the circuit court in the county wherethe recovery agent resides. The clerk of the circuit court and thesheriff may not permit a registration unless the recovery agent isproperly licensed by the commissioner under this article.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.24; P.L.348-1995, SEC.6.
IC 27-10-3-18
Access to jails
Sec. 18. A person who holds a valid bail agent's license issued bythe insurance commissioner and registered as required in section 17of this chapter may have equal access to the jails of this state for thepurpose of making bond, subject to this article and rules adoptedunder this article.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,SEC.25.
IC 27-10-3-19
Duty of commissioner upon receipt of support order; reinstatement
Sec. 19. (a) Upon receiving an order of a court issued underIC 31-14-12-7 or IC 31-16-12-10 (or IC 31-1-11.5-13(m) orIC 31-6-6.1-16(m) before their repeal), the commissioner shall:
(1) suspend a license issued under this chapter to any personwho is the subject of the order; and
(2) promptly mail a notice to the last known address of theperson who is the subject of the order, stating the following:
(A) That the person's license is suspended beginning five (5)business days after the date the notice is mailed, and that thesuspension will terminate not earlier than ten (10) businessdays after the commissioner receives an order allowingreinstatement from the court that issued the suspensionorder.
(B) That the person has the right to petition for reinstatementof a license issued under this chapter to the court that issuedthe order for suspension.
(b) The commissioner shall not reinstate a license suspendedunder subsection (a) until the commissioner receives an orderallowing reinstatement from the court that issued the order forsuspension.
As added by P.L.23-1996, SEC.29. Amended by P.L.1-1997,SEC.115.
IC 27-10-3-20
Notice; probationary status; appeal; reinstatement
Sec. 20. (a) Upon receiving an order from the bureau (Title IV-Dagency) under IC 31-25-4-32(i), the commissioner shall send to theperson who is the subject of the order a notice that does the
following:
(1) States that the person is delinquent and is subject to an orderplacing the person on probationary status.
(2) Explains that unless the person contacts the bureau and:
(A) pays the person's child support arrearage in full;
(B) establishes 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; or
(C) requests a hearing under IC 31-25-4-33;
within twenty (20) days after the date the notice is mailed, thecommissioner shall place the person on probationary status withrespect to any license issued to the person under this chapter.
(3) Explains that the person may contest the bureau'sdetermination that the person is delinquent and subject to anorder placing the person on probationary status by makingwritten application to the bureau within twenty (20) days afterthe date the notice is mailed.
(4) Explains that the only basis for contesting the bureau'sdetermination that the person is delinquent and subject to anorder placing the person on probationary status is a mistake offact.
(5) Explains the procedures to:
(A) pay the person'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.
(6) Explains that the probation will terminate ten (10) businessdays after the commissioner receives a notice from the bureauthat 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.
(b) Upon receiving an order from the bureau (Title IV-D agency)under IC 31-25-4-34(d), the commissioner shall send to the personwho is the subject of the order a notice that states the following:
(1) That a license issued to the person under this chapter hasbeen placed on probationary status, beginning five (5) businessdays after the date the notice is mailed, and that the probationwill terminate ten (10) business days after the commissionerreceives a notice from the bureau 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 commissioner is advised by the bureau that theperson whose license has been placed on probationary statushas 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, thecommissioner shall suspend the person's license.
(c) If the commissioner receives a notice from the bureau (TitleIV-D agency) under IC 31-25-4-32(i) that the person whose licensehas 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 notice required under subsection (b)is mailed, the commissioner shall suspend the person's license.
(d) The commissioner may not reinstate any license placed onprobation or suspended under this section until the commissionerreceives a notice 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.23-1996, SEC.30. Amended by P.L.1-1997,SEC.116; P.L.145-2006, SEC.167; P.L.103-2007, SEC.9.
IC 27-10-3-21
Rules
Sec. 21. The department may adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.102-2005, SEC.8.