(a)The department shall certify in writing or by electronic data exchange to each licensing authority that licenses the obligor that an obligor is not in compliance with an order of support if:

Terms Used In Tennessee Code 36-5-705

  • Department: means the department of human services. See Tennessee Code 36-5-701
  • License: means a license, certification, registration, permit, approval or other similar document issued to an individual evidencing admission to or granting authority to engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to operate any motor vehicle or other conveyance, but does not include a license to practice law unless the supreme court establishes guidelines pursuant to §. See Tennessee Code 36-5-701
  • Licensing authority: means the board, commission, or agency, including the department of safety, that has been established by statute or state regulation to oversee the issuance and regulation of any license. See Tennessee Code 36-5-701
  • Not in compliance with an order of support: means that the obligor is five hundred dollars ($500) or more in arrears and the arrears are ninety (90) days or more past due. See Tennessee Code 36-5-701
  • Obligor: means any individual owing a duty of support. See Tennessee Code 36-5-701
  • Order of support: means any judgment or order for the support of dependent children issued by any court of this state or another state, including an order in a final decree of divorce, or any order issued in accordance with an administrative procedure established by state law in this or another state that affords substantial due process and is subject to judicial review. See Tennessee Code 36-5-701
  • Restricted license: means a license that allows a person to operate a motor vehicle for the limited purposes of going to and from and working at the person's regular place of employment and going to and from the person's school and does not include a commercial driver license of any kind. See Tennessee Code 36-5-701
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) The obligor does not timely request a hearing upon service of notice issued under § 36-5-702 and is not in compliance with an order of support twenty-one (21) days after service of the notice provided for in § 36-5-702;
(2) The obligor has not entered into a written agreement satisfactory to the department for payment of the arrearage within twenty (20) days after service of the notice in § 36-5-702 or within such longer period as may be agreed to by the department, or having entered into such a written agreement has failed to comply with such agreement;
(3) The department issues a decision after a hearing that finds the obligor is not in compliance with an order of support; or
(4) A court, upon a petition for judicial review of the department’s decision after its issuance of a stay of that decision pending its ruling, enters a judgment that upholds the department’s finding that the obligor is not in compliance with an order of support.
(b) The department shall certify in writing or by electronic data exchange to the department of safety that an obligor is not in compliance with an order of support but is eligible for a restricted license if the department enters into an agreement that includes eligibility for a restricted license, pursuant to § 36-5-714.
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