(a) Notwithstanding any other law, rule or regulation to the contrary, the certification from the department under § 36-5-705 shall be a basis for the denial, suspension or revocation of a license, for refusal to issue or reinstate a license by a licensing authority or for the issuance of a restricted license.

Terms Used In Tennessee Code 36-5-706

  • Department: means the department of human services. See Tennessee Code 36-5-701
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Tennessee Code 36-5-2101
  • 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
(b) The licensing authority shall notify, without undue delay, by regular mail, an obligor certified from the department under § 36-5-705, that:

(1) The obligor’s application for the issuance, renewal or reinstatement of a license has been denied;
(2) The obligor’s current license has been suspended or revoked because the obligor’s name has been certified by the department as an obligor who is not in compliance with an order of support; or
(3) The obligor’s current driver license has been revoked because the obligor’s name has been certified by the department as an obligor who is not in compliance with an order of support but eligible for a restricted license. The notice shall include information on the process for obtaining a restricted license and paying any restricted license fee required by the department of human services.
(c) A notice of suspension must specify the reason and statutory grounds for the suspension and the effective date of the suspension and may include any other notices prescribed by the licensing authority. The notice must also inform the individual that in order to apply for issuance, renewal or reinstatement of the license, the individual must obtain a release from the department of human services in accordance with § 36-5-707.
(d) A notice to the obligor by the licensing authority to revoke, restrict, deny, suspend, or refuse to renew or reinstate a license after receipt of the notice of noncompliance from the department shall not be appealable under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
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