IC 4-33-8.5
    Chapter 8.5. Suspension, Probation, and Denial of Licenses forFailure to Pay Child Support

IC 4-33-8.5-1
Inapplicability of IC 4-33-11-1
    Sec. 1. IC 4-33-11-1 does not apply to this chapter.
As added by P.L.23-1996, SEC.9.

IC 4-33-8.5-2
Duties of commission upon receipt of support order; reinstatement
    Sec. 2. (a) Upon receiving an order of a court issued underIC 31-14-12-6 or IC 31-16-12-9 (or IC 31-1-11.5-13(l) orIC 31-6-6.1-16(l) before their repeal) the commission shall:
        (1) suspend a license issued under this article to a person whois 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 commission 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 commission shall not reinstate a license suspended undersubsection (a) until the commission receives an order allowingreinstatement from the court that issued the order for suspension.
As added by P.L.23-1996, SEC.9. Amended by P.L.1-1997, SEC.27.

IC 4-33-8.5-3
Notice; probationary status; appeal; reinstatement
    Sec. 3. (a) Upon receiving an order from the bureau (Title IV-Dagency) under IC 31-25-4-32(h), the commission shall send to theperson who is the subject of the order a notice that does thefollowing:
        (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, thecommission 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's

determination 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 commission receives a notice from the bureau thatthe 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(c), the commission shall send to the person whois the subject of the order a notice that states the following:
        (1) That a license issued to the person under this article 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 commissionreceives 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 commission 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, thecommission shall suspend the person's license.
    (c) If a person whose license has been placed on probationarystatus fails 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 commission shall suspend the person's license.    (d) The commission may not reinstate a license placed onprobation or suspended under this section until the commissionreceives 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.9. Amended by P.L.1-1997, SEC.28;P.L.145-2006, SEC.9; P.L.103-2007, SEC.2.

IC 4-33-8.5-4
Sanctions and penalties for failure to withhold delinquent childsupport; immunity from liability
    Sec. 4. (a) A licensed owner, operating agent, or trustee that failsto comply with IC 4-33-4-27 is subject to penalties and sanctionsestablished by the commission under section 5 of this chapter.
    (b) A licensed owner, operating agent, or trustee that makes apayment of cash winnings to an obligor in violation of IC 4-33-4-27is not liable to a person to whom the obligor owes child support.
    (c) A licensed owner, operating agent, or trustee is immune fromcivil and criminal liability for acting in compliance withIC 4-33-4-27.
As added by P.L.80-2010, SEC.2.

IC 4-33-8.5-5
Sanctions and penalties for failure to withhold delinquent childsupport
    Sec. 5. (a) A licensed owner, operating agent, or trustee thatpersonally or through the act or omission of an employee,independent contractor, agent, or representative fails to withholddelinquent child support from the cash winnings of an obligor asrequired under IC 4-33-4-27 is subject to sanctions and penaltiesestablished by the commission under this section.
    (b) The commission may adopt rules under IC 4-22-2 to establishpenalties and sanctions for any licensed owner, operating agent, ortrustee who fails to withhold delinquent child support from cashwinnings as required by IC 4-33-4-27.
As added by P.L.80-2010, SEC.3.