IC 4-33-8.5
Chapter 8.5. Suspension, Probation, and Denial of Licenses for
Failure 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 under
IC 31-14-12-6 or IC 31-16-12-9 (or IC 31-1-11.5-13(l) or
IC 31-6-6.1-16(l) before their repeal) the commission shall:
(1) suspend a license issued under this article to a person who
is the subject of the order; and
(2) promptly mail a notice to the last known address of the
person 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 the
suspension will terminate not earlier than ten (10) business
days after the commission receives an order allowing
reinstatement from the court that issued the suspension
order.
(B) That the person has the right to petition for reinstatement
of a license issued under this chapter to the court that issued
the order for suspension.
(b) The commission shall not reinstate a license suspended under
subsection (a) until the commission receives an order allowing
reinstatement 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-D
agency) under IC 31-25-4-32(h), the commission shall send to the
person 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 order
placing 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 the
arrearage, 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, the
commission shall place the person on probationary status with
respect 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 an
order placing the person on probationary status by making
written application to the bureau within twenty (20) days after
the date the notice is mailed.
(4) Explains that the only basis for contesting the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status is a mistake of
fact.
(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 the
arrearage, which must include an income withholding order
under 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) business
days after the commission receives 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 the
arrearage, which includes an income withholding order
under 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 who
is the subject of the order a notice that states the following:
(1) That a license issued to the person under this article has
been placed on probationary status, beginning five (5) business
days after the date the notice is mailed, and that the probation
will terminate ten (10) business days after the commission
receives 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 the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That if the commission is advised by the bureau that the
person whose license has been placed on probationary status
has failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, the
commission shall suspend the person's license.
(c) If a person whose license has been placed on probationary
status fails to:
(1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 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 on
probation or suspended under this section until the commission
receives 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 the
arrearage, which includes an income withholding order under
IC 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 child
support; immunity from liability
Sec. 4. (a) A licensed owner, operating agent, or trustee that fails
to comply with IC 4-33-4-27 is subject to penalties and sanctions
established by the commission under section 5 of this chapter.
(b) A licensed owner, operating agent, or trustee that makes a
payment of cash winnings to an obligor in violation of IC 4-33-4-27
is not liable to a person to whom the obligor owes child support.
(c) A licensed owner, operating agent, or trustee is immune from
civil and criminal liability for acting in compliance with
IC 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 child
support
Sec. 5. (a) A licensed owner, operating agent, or trustee that
personally or through the act or omission of an employee,
independent contractor, agent, or representative fails to withhold
delinquent child support from the cash winnings of an obligor as
required under IC 4-33-4-27 is subject to sanctions and penalties
established by the commission under this section.
(b) The commission may adopt rules under IC 4-22-2 to establish
penalties and sanctions for any licensed owner, operating agent, or
trustee who fails to withhold delinquent child support from cash
winnings as required by IC 4-33-4-27. As added by P.L.80-2010, SEC.3.
IC 4-33-8.5
Chapter 8.5. Suspension, Probation, and Denial of Licenses for
Failure 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 under
IC 31-14-12-6 or IC 31-16-12-9 (or IC 31-1-11.5-13(l) or
IC 31-6-6.1-16(l) before their repeal) the commission shall:
(1) suspend a license issued under this article to a person who
is the subject of the order; and
(2) promptly mail a notice to the last known address of the
person 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 the
suspension will terminate not earlier than ten (10) business
days after the commission receives an order allowing
reinstatement from the court that issued the suspension
order.
(B) That the person has the right to petition for reinstatement
of a license issued under this chapter to the court that issued
the order for suspension.
(b) The commission shall not reinstate a license suspended under
subsection (a) until the commission receives an order allowing
reinstatement 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-D
agency) under IC 31-25-4-32(h), the commission shall send to the
person 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 order
placing 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 the
arrearage, 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, the
commission shall place the person on probationary status with
respect 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 an
order placing the person on probationary status by making
written application to the bureau within twenty (20) days after
the date the notice is mailed.
(4) Explains that the only basis for contesting the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status is a mistake of
fact.
(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 the
arrearage, which must include an income withholding order
under 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) business
days after the commission receives 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 the
arrearage, which includes an income withholding order
under 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 who
is the subject of the order a notice that states the following:
(1) That a license issued to the person under this article has
been placed on probationary status, beginning five (5) business
days after the date the notice is mailed, and that the probation
will terminate ten (10) business days after the commission
receives 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 the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That if the commission is advised by the bureau that the
person whose license has been placed on probationary status
has failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, the
commission shall suspend the person's license.
(c) If a person whose license has been placed on probationary
status fails to:
(1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 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 on
probation or suspended under this section until the commission
receives 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 the
arrearage, which includes an income withholding order under
IC 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 child
support; immunity from liability
Sec. 4. (a) A licensed owner, operating agent, or trustee that fails
to comply with IC 4-33-4-27 is subject to penalties and sanctions
established by the commission under section 5 of this chapter.
(b) A licensed owner, operating agent, or trustee that makes a
payment of cash winnings to an obligor in violation of IC 4-33-4-27
is not liable to a person to whom the obligor owes child support.
(c) A licensed owner, operating agent, or trustee is immune from
civil and criminal liability for acting in compliance with
IC 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 child
support
Sec. 5. (a) A licensed owner, operating agent, or trustee that
personally or through the act or omission of an employee,
independent contractor, agent, or representative fails to withhold
delinquent child support from the cash winnings of an obligor as
required under IC 4-33-4-27 is subject to sanctions and penalties
established by the commission under this section.
(b) The commission may adopt rules under IC 4-22-2 to establish
penalties and sanctions for any licensed owner, operating agent, or
trustee who fails to withhold delinquent child support from cash
winnings as required by IC 4-33-4-27. As added by P.L.80-2010, SEC.3.
IC 4-33-8.5
Chapter 8.5. Suspension, Probation, and Denial of Licenses for
Failure 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 under
IC 31-14-12-6 or IC 31-16-12-9 (or IC 31-1-11.5-13(l) or
IC 31-6-6.1-16(l) before their repeal) the commission shall:
(1) suspend a license issued under this article to a person who
is the subject of the order; and
(2) promptly mail a notice to the last known address of the
person 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 the
suspension will terminate not earlier than ten (10) business
days after the commission receives an order allowing
reinstatement from the court that issued the suspension
order.
(B) That the person has the right to petition for reinstatement
of a license issued under this chapter to the court that issued
the order for suspension.
(b) The commission shall not reinstate a license suspended under
subsection (a) until the commission receives an order allowing
reinstatement 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-D
agency) under IC 31-25-4-32(h), the commission shall send to the
person 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 order
placing 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 the
arrearage, 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, the
commission shall place the person on probationary status with
respect 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 an
order placing the person on probationary status by making
written application to the bureau within twenty (20) days after
the date the notice is mailed.
(4) Explains that the only basis for contesting the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status is a mistake of
fact.
(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 the
arrearage, which must include an income withholding order
under 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) business
days after the commission receives 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 the
arrearage, which includes an income withholding order
under 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 who
is the subject of the order a notice that states the following:
(1) That a license issued to the person under this article has
been placed on probationary status, beginning five (5) business
days after the date the notice is mailed, and that the probation
will terminate ten (10) business days after the commission
receives 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 the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That if the commission is advised by the bureau that the
person whose license has been placed on probationary status
has failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, the
commission shall suspend the person's license.
(c) If a person whose license has been placed on probationary
status fails to:
(1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 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 on
probation or suspended under this section until the commission
receives 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 the
arrearage, which includes an income withholding order under
IC 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 child
support; immunity from liability
Sec. 4. (a) A licensed owner, operating agent, or trustee that fails
to comply with IC 4-33-4-27 is subject to penalties and sanctions
established by the commission under section 5 of this chapter.
(b) A licensed owner, operating agent, or trustee that makes a
payment of cash winnings to an obligor in violation of IC 4-33-4-27
is not liable to a person to whom the obligor owes child support.
(c) A licensed owner, operating agent, or trustee is immune from
civil and criminal liability for acting in compliance with
IC 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 child
support
Sec. 5. (a) A licensed owner, operating agent, or trustee that
personally or through the act or omission of an employee,
independent contractor, agent, or representative fails to withhold
delinquent child support from the cash winnings of an obligor as
required under IC 4-33-4-27 is subject to sanctions and penalties
established by the commission under this section.
(b) The commission may adopt rules under IC 4-22-2 to establish
penalties and sanctions for any licensed owner, operating agent, or
trustee who fails to withhold delinquent child support from cash
winnings as required by IC 4-33-4-27. As added by P.L.80-2010, SEC.3.
