Montana Code 40-5-703. Hearing — order suspending license
40-5-703. Hearing — order suspending license. (1) To show cause why suspension of a license would not be appropriate, the obligor shall request a hearing from the support enforcement entity that issued the notice of intent to suspend the license. The request must be made within 60 days of the date of service of the notice.
Terms Used In Montana Code 40-5-703
- Delinquency: means a support debt or support obligation due under a support order in an amount greater than or equal to 6 months' support payments as of the date of service of a notice of intent to suspend a license. See Montana Code 40-5-701
- Department: means the department of public health and human services. See Montana Code 40-5-701
- License: means a license, certificate, registration, permit, or any other authorization issued by an agency of the state of Montana granting a person a right or privilege to engage in a business, occupation, profession, conservation activity, or any other privilege that is subject to suspension, revocation, forfeiture, termination, or a declaration of ineligibility to purchase by the licensing authority prior to its date of expiration. See Montana Code 40-5-701
- Licensing authority: means any department, division, board, agency, or instrumentality of this state that issues a license. See Montana Code 40-5-701
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Obligor: means a person who owes a duty of support or who is subject to a subpoena or warrant in a paternity or child support proceeding. See Montana Code 40-5-701
- Order suspending a license: means an order issued by a support enforcement entity to suspend a license. See Montana Code 40-5-701
- Payment plan: includes but is not limited to a plan approved by the support enforcement entity that provides sufficient security to ensure compliance with a support order and that incorporates voluntary or involuntary income withholding under part 3 or 4 of this chapter or a similar plan for periodic payment of a support debt and, if applicable, current and future support. See Montana Code 40-5-701
- Subpoena: means a writ or order issued by a court or the department in a proceeding or as part of an investigation related to the paternity or support of a child that commands a person to appear at a particular place and time to testify or produce documents or things under the person's control. See Montana Code 40-5-701
- Subpoena: A command to a witness to appear and give testimony.
- Support enforcement entity: means :
(a)in IV-D cases, the department; or
(b)in all other cases, the district court that entered the support order or a district court in which the support order is registered. See Montana Code 40-5-701
- Suspension: includes the withdrawal, withholding, revocation, forfeiture, or nonissuance of a license and license privileges. See Montana Code 40-5-701
- Warrant: means a bench warrant, a warrant to appear, an order to show cause, or any other order issued by a court relating to the appearance of a party in a paternity or child support proceeding. See Montana Code 40-5-701
- Writing: includes printing. See Montana Code 1-1-203
(2)Upon receipt of a request for hearing from an obligor, the support enforcement entity shall schedule a hearing for the purpose of determining if suspension of the obligor’s license is appropriate. A court hearing may be conducted by teleconferencing methods. A department hearing must initially be conducted by teleconferencing methods and is subject to the Montana Administrative Procedure Act. The support enforcement entity shall stay suspension of the license pending the outcome of the hearing.
(3)The only issues that may be determined in a hearing under this section are the amount of the support debt or support obligation, if any, whether or not a delinquency exists, whether or not the obligor has entered into a payment plan, and whether or not the obligor failed to comply with a subpoena or warrant.
(4)If an obligor fails to respond to a notice of intent to suspend a license, fails to timely request a hearing, or fails to appear at a regularly scheduled hearing, the obligor’s defenses, objections, or request for a payment plan must be considered to be without merit and the support enforcement entity shall enter a final decision and order accordingly.
(5)If the support enforcement entity determines that the obligor owes a delinquency and that the obligor has not entered into a payment plan or that the obligor failed to comply with a subpoena or warrant, the support enforcement entity shall issue an order suspending the obligor’s license and ordering the obligor to refrain from engaging in the licensed activity. The support enforcement entity shall send a copy of the order suspending a license to the obligor and shall notify the licensing authority in writing of the suspension. Notification to the licensing authority is not required if the support enforcement entity has previously suspended the license of the obligor and the suspension is still in effect.
(6)The determinations of the department under this section are a final agency decision and are subject to judicial review under 40-5-253 and the Montana Administrative Procedure Act.
(7)A determination made by the support enforcement entity under this part is independent of any proceeding of the licensing authority to suspend, revoke, deny, terminate, or renew a license.