Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,155.Past due child support or failure tocomply with subpoena, restricted driving privileges; certification bysecretary; notice; hearing.(a) The secretary of revenue shall restrict a person'sdrivingprivileges pursuant to K.S.A. 8-255, and amendments thereto, uponrequest of the secretary of social and rehabilitation services ifthe secretary of social and rehabilitation services certifies, asprovided in this section, that the person owes past due supportor has failed to comply with a warrant or subpoena in a titleIV-D case. The secretary of social and rehabilitation servicesshall provide the secretary of revenue identifying informationabout each person so certified. When this section requires the division toplace restrictions on a person'sdriving privileges, the division shall restrict the person's driving privilegesonly under the circumstances provided by subsections (a)(1), (a)(2), (a)(3) and(a)(4)of K.S.A. 8-292, and amendments thereto.
(b) A restriction of driving privileges under this sectionshall continue until the secretary of social and rehabilitationservices decertifies the person and the person meets requirementsfor receiving a driver's license.
(c) The secretary of social and rehabilitation services isauthorized to certify a person to the secretary of revenue forrestriction of the person's driving privileges if:
(1) The person owes past due support in a title IV-D caseequal to or greater than $500 or has failed, after appropriatenotice, to comply with an outstanding warrant or subpoenadirected to the person in a title IV-D case; and
(2) at least 30 days have elapsed from the date writtennotice of the proposed certification was mailed to the person andno timely request for review has been made or such review hasbeen resolved in favor of the secretary of social andrehabilitation services.
(d) The secretary of social and rehabilitation servicesshall mail to the person a notice of the proposed certificationto restrict driving privileges by certified mail, return receiptrequested, addressed to the person at the person's last knownaddress. The notice shall describe the basis of the proposedcertification, compliance actions that the person may take toprevent certification, how the person may request a fair hearingpursuant to K.S.A. 75-3306, and amendments thereto,the time frame the person shall meet to prevent certification,how the person may be decertified once certification occurs andhow the person may obtain additional information.
(e) If, within the time frame stated in the notice, theperson demonstrates to the secretary of social and rehabilitationservices that the person has met applicable requirements ofsubsection (a) ofK.S.A. 2009 Supp.39-7,156, and amendments thereto, thesecretary shall not certify the person under this section so longas the person remains in compliance. Nothing in this subsectionshall be construed to prevent the secretary from issuing a newnotice of proposed certification if the person ceases to be incompliance, owes past due support equal to or greater than $500in a different title IV-D case or fails to comply with a different warrant orsubpoena in a title IV-D case.
(f) If a timely request for fair hearing pursuant to K.S.A.75-3306, and amendments thereto, is made,certification by the secretary of social and rehabilitationservices shall be stayed pending resolution of the fair hearing.
(g) As used in this section, "title IV-D case" means a case beingadministered bythe secretary of social and rehabilitation services pursuant topart D of title IV of the federal social security act (42 U.S.C.§651 et seq.).
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,155.Past due child support or failure tocomply with subpoena, restricted driving privileges; certification bysecretary; notice; hearing.(a) The secretary of revenue shall restrict a person'sdrivingprivileges pursuant to K.S.A. 8-255, and amendments thereto, uponrequest of the secretary of social and rehabilitation services ifthe secretary of social and rehabilitation services certifies, asprovided in this section, that the person owes past due supportor has failed to comply with a warrant or subpoena in a titleIV-D case. The secretary of social and rehabilitation servicesshall provide the secretary of revenue identifying informationabout each person so certified. When this section requires the division toplace restrictions on a person'sdriving privileges, the division shall restrict the person's driving privilegesonly under the circumstances provided by subsections (a)(1), (a)(2), (a)(3) and(a)(4)of K.S.A. 8-292, and amendments thereto.
(b) A restriction of driving privileges under this sectionshall continue until the secretary of social and rehabilitationservices decertifies the person and the person meets requirementsfor receiving a driver's license.
(c) The secretary of social and rehabilitation services isauthorized to certify a person to the secretary of revenue forrestriction of the person's driving privileges if:
(1) The person owes past due support in a title IV-D caseequal to or greater than $500 or has failed, after appropriatenotice, to comply with an outstanding warrant or subpoenadirected to the person in a title IV-D case; and
(2) at least 30 days have elapsed from the date writtennotice of the proposed certification was mailed to the person andno timely request for review has been made or such review hasbeen resolved in favor of the secretary of social andrehabilitation services.
(d) The secretary of social and rehabilitation servicesshall mail to the person a notice of the proposed certificationto restrict driving privileges by certified mail, return receiptrequested, addressed to the person at the person's last knownaddress. The notice shall describe the basis of the proposedcertification, compliance actions that the person may take toprevent certification, how the person may request a fair hearingpursuant to K.S.A. 75-3306, and amendments thereto,the time frame the person shall meet to prevent certification,how the person may be decertified once certification occurs andhow the person may obtain additional information.
(e) If, within the time frame stated in the notice, theperson demonstrates to the secretary of social and rehabilitationservices that the person has met applicable requirements ofsubsection (a) ofK.S.A. 2009 Supp.39-7,156, and amendments thereto, thesecretary shall not certify the person under this section so longas the person remains in compliance. Nothing in this subsectionshall be construed to prevent the secretary from issuing a newnotice of proposed certification if the person ceases to be incompliance, owes past due support equal to or greater than $500in a different title IV-D case or fails to comply with a different warrant orsubpoena in a title IV-D case.
(f) If a timely request for fair hearing pursuant to K.S.A.75-3306, and amendments thereto, is made,certification by the secretary of social and rehabilitationservices shall be stayed pending resolution of the fair hearing.
(g) As used in this section, "title IV-D case" means a case beingadministered bythe secretary of social and rehabilitation services pursuant topart D of title IV of the federal social security act (42 U.S.C.§651 et seq.).
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,155.Past due child support or failure tocomply with subpoena, restricted driving privileges; certification bysecretary; notice; hearing.(a) The secretary of revenue shall restrict a person'sdrivingprivileges pursuant to K.S.A. 8-255, and amendments thereto, uponrequest of the secretary of social and rehabilitation services ifthe secretary of social and rehabilitation services certifies, asprovided in this section, that the person owes past due supportor has failed to comply with a warrant or subpoena in a titleIV-D case. The secretary of social and rehabilitation servicesshall provide the secretary of revenue identifying informationabout each person so certified. When this section requires the division toplace restrictions on a person'sdriving privileges, the division shall restrict the person's driving privilegesonly under the circumstances provided by subsections (a)(1), (a)(2), (a)(3) and(a)(4)of K.S.A. 8-292, and amendments thereto.
(b) A restriction of driving privileges under this sectionshall continue until the secretary of social and rehabilitationservices decertifies the person and the person meets requirementsfor receiving a driver's license.
(c) The secretary of social and rehabilitation services isauthorized to certify a person to the secretary of revenue forrestriction of the person's driving privileges if:
(1) The person owes past due support in a title IV-D caseequal to or greater than $500 or has failed, after appropriatenotice, to comply with an outstanding warrant or subpoenadirected to the person in a title IV-D case; and
(2) at least 30 days have elapsed from the date writtennotice of the proposed certification was mailed to the person andno timely request for review has been made or such review hasbeen resolved in favor of the secretary of social andrehabilitation services.
(d) The secretary of social and rehabilitation servicesshall mail to the person a notice of the proposed certificationto restrict driving privileges by certified mail, return receiptrequested, addressed to the person at the person's last knownaddress. The notice shall describe the basis of the proposedcertification, compliance actions that the person may take toprevent certification, how the person may request a fair hearingpursuant to K.S.A. 75-3306, and amendments thereto,the time frame the person shall meet to prevent certification,how the person may be decertified once certification occurs andhow the person may obtain additional information.
(e) If, within the time frame stated in the notice, theperson demonstrates to the secretary of social and rehabilitationservices that the person has met applicable requirements ofsubsection (a) ofK.S.A. 2009 Supp.39-7,156, and amendments thereto, thesecretary shall not certify the person under this section so longas the person remains in compliance. Nothing in this subsectionshall be construed to prevent the secretary from issuing a newnotice of proposed certification if the person ceases to be incompliance, owes past due support equal to or greater than $500in a different title IV-D case or fails to comply with a different warrant orsubpoena in a title IV-D case.
(f) If a timely request for fair hearing pursuant to K.S.A.75-3306, and amendments thereto, is made,certification by the secretary of social and rehabilitationservices shall be stayed pending resolution of the fair hearing.
(g) As used in this section, "title IV-D case" means a case beingadministered bythe secretary of social and rehabilitation services pursuant topart D of title IV of the federal social security act (42 U.S.C.§651 et seq.).
