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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1637S.P. 654 In Senate, April 12, 2023
An Act to Prohibit the Revocation of a Professional or Occupational
License for Lapsed Child Support Payments
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin. (BY REQUEST)
Cosponsored by Representatives: BOYER of Poland, SAMPSON of Alfred. Page 1 - 131LR1952(01)
1
2
3 Pt. E, §2, is repealed.
4 as amended by PL 2003, c. 193, §2; c. 396, §§1 and 2;
5 and c. 689, Pt. B, §6, is further amended to read:
6
7 parental support obligations and suspensions
8
9 following terms have the following meanings.
10 A. "Board" means any bureau, board or commission listed in section 8001 or 8001‑A,
11 other licensors that are affiliated with or are a part of the department and the Board of
12 Overseers of the Bar.
13 B. "Compliance with a support order" means that the support obligor has obtained or
14 maintained health insurance coverage if required by a support order and is:
15 ( 1) No more than 60 days in arrears in making any of the following payments:
16 ( a) Payments in full for current support;
17 ( b) Periodic payments on a support arrearage pursuant to a written agreement
18 with the Department of Health and Human Services; and
19 ( c) Periodic payments as set forth in a support order; and
20 ( 2) No more than 30 days in arrears in making payments as described in
21 subparagraph (1) if the obligor has been in arrears for more than 30 days in making
22 payments as described in subparagraph (1) at least 2 times within the past 24
23 months.
24 C. "Support order" means a judgment, decree or order, whether temporary, final or
25 subject to modification, issued by a court or an administrative agency of competent
26 jurisdiction for the support and maintenance of a child, including a child who has
27 attained the age of majority under the law of the issuing state, or a child and the parent
28 with whom the child is living, that provides for monetary support, health care,
29 arrearages or reimbursement and may include related costs and fees, interest and
30 penalties, income withholding, attorney's fees and other relief.
31 D. "Court-ordered suspension" means a suspension by a court of the right of a licensee
32 to hold a professional license based on the contempt procedures pursuant to Title 14,
33 sections 3141 and 3142.
34 Noncompliance with a support order. An applicant for the issuance or renewal
35 of a license or an existing licensee regulated by a board who is not in compliance with a
36 support order is subject to the requirements of Title 19‑A, section 2201.
37
38 or an existing licensee regulated by a board who has not paid a court-ordered fine, court-
39 appointed attorney's fees or court-ordered restitution is subject to court suspension of all
40 licenses as provided in Title 14, sections 3141 and 3142. Page 2 - 131LR1952(01)
1 as amended by PL 1997, c. 537, §4 and affected by §62,
2 is repealed.
3 as amended by PL 2003, c. 396, §§3 and 4 and c. 689, Pt.
4 B, §6, is repealed.
5
6 amended to read:
7 E. A suspension authorized under section 6409 or 6410.
8 as amended by PL 2019, c. 642, §3, is repealed.
9 as amended by PL 2009, c. 158, §§1 to 3 and c. 290,
10 §22, is further amended by amending the section headnote to read:
11 Revocation of license; judicial review
12 as amended by PL 2009, c. 158, §§1 and 2
13 and c. 290, §22, is further amended to read:
14
15 compliance with an order of support that informs the obligor of the department's intention
16 to submit the obligor's name to the appropriate board Department of Inland Fisheries and
17 Wildlife as a licensee who is not in compliance with an order of support. The notice must
18 inform the obligor that:
19 A. The obligor may request an administrative hearing to contest the issue of
20 compliance;
21 B. A request for hearing must be made in writing and must be received by the
22 department within 20 days of service;
23 C. If the obligor requests a hearing within 20 days of service, the department shall stay
24 the action to certify the obligor to a board for noncompliance the Department of Inland
25 Fisheries and Wildlife with an order of support pending a decision after hearing;
26 D. If the obligor does not request a hearing within 20 days of service and is not in
27 compliance with an order of support, the department shall certify the obligor to the
28 appropriate board Department of Inland Fisheries and Wildlife for noncompliance with
29 an order of support;
30 E. If the department certifies the obligor to a board the Department of Inland Fisheries
31 and Wildlife for noncompliance with an order of support, the board Department of
32 Inland Fisheries and Wildlife must revoke the obligor's license and refuse to issue or
33 reissue a license until the obligor provides the board Department of Inland Fisheries
34 and Wildlife with a written confirmation of compliance from the department that states
35 the obligor is in compliance with the obligor's order of support. A revocation by an
36 agency the Department of Inland Fisheries and Wildlife or a refusal by an agency the
37 Department of Inland Fisheries and Wildlife to reissue, renew or otherwise extend the
38 license or certificate of authority is deemed a final determination within the meaning
39 of Title 5, section 10002; and
40 G. The obligor can comply with an order of support by:
41 (1) Paying current support; Page 3 - 131LR1952(01)
1 (2) Paying all past-due support or, if unable to pay all past-due support and a
2 periodic payment for past-due support has not been ordered by the court, by making
3 periodic payments in accordance with a written payment agreement with the
4 department; and
5 (3) Meeting the obligor's health insurance obligation.
6 The notice must include the address and telephone number of the department's support
7 enforcement office that issues the notice and a statement of the need to obtain a written
8 confirmation of compliance from that office as provided in subsection 8. The department
9 shall attach a copy of the obligor's order of support to the notice. Service of the notice must
10 be made in the manner provided for service of summons by the Maine Rules of Civil
11 Procedure, Rule 4. For purposes of this subsection, this must be deemed to be an action
12 pursuant to Chapter XIII of the Maine Rules of Civil Procedure. Personal service within
13 the State of the notice described in this subsection may be made by an authorized
14 representative of the commissioner.
15 as enacted by PL 1997, c. 466, §9 and
16 affected by §28, is amended to read:
17
18 payment agreement is grounds for license revocation under Title 12, chapter 913 unless the
19 obligor notifies the department that the obligor is unable to comply with the agreement and
20 provides the department with evidence of the obligor's current financial circumstances to
21 support the claim. The consequences of failing to comply with a written payment
22 agreement and the requirements to avoid license revocation, if the obligor can not cannot
23 comply with the agreement, must be stated in the agreement. If the obligor claims inability
24 to comply with a written payment agreement, the department, upon motion to the District
25 Court, may request the court to determine the obligor's ability to pay past-due support.
26 After notice and an opportunity for hearing, the court may make a finding of money due,
27 render judgment in that amount and order any relief provided under sections 2603 and
28 2603‑A. For purposes of this subsection, the commissioner may designate employees of
29 the department who are not attorneys to represent the department in District Court. The
30 commissioner shall ensure that appropriate training is provided to all employees designated
31 to represent the department under this subsection.
32 as enacted by PL 1995, c. 694, Pt. B, §2 and
33 affected by Pt. E, §2, is amended to read:
34
35 department may not certify the name of the obligor to a board the Department of Inland
36 Fisheries and Wildlife for noncompliance with an order of support until the department
37 issues a decision after hearing that finds the obligor is not in compliance with an order of
38 support.
39 as amended by PL 1997, c. 466, §§10 and
40 11 and affected by §28, is further amended to read:
41
42 appropriate board Department of Inland Fisheries and Wildlife that a support obligor is not
43 in compliance with an order of support if: Page 4 - 131LR1952(01)
1 A. The obligor does not timely request a hearing upon service of a notice issued under
2 subsection 1 and is not in compliance with an order of support 21 days after service of
3 the notice;
4 B. The department issues a decision after a hearing that finds the obligor is not in
5 compliance with an order of support and the obligor has not appealed the decision
6 within the 30-day appeal period provided in subsection 3;
7 C. The court enters a judgment on a petition for judicial review that finds the obligor
8 is not in compliance with a support order;
9 D. The obligor abandons a timely request for a hearing on the department's notice of
10 noncompliance and is not in compliance with the support order; or
11 E. The obligor fails to comply with a written payment agreement, does not notify the
12 department that the obligor is unable to comply with the agreement and does not
13 provide the department with evidence of the obligor's current financial circumstances.
14 The department shall send by regular mail a copy of a certification of noncompliance filed
15 with a board the Department of Inland Fisheries and Wildlife to the obligor at the obligor's
16 most recent address of record.
17 as enacted by PL 1995, c. 694, Pt. B, §2 and
18 affected by Pt. E, §2, is amended to read:
19 Department of Inland Fisheries and Wildlife. A board The
20 Department of Inland Fisheries and Wildlife shall notify an obligor certified by the
21 department under subsection 6, without undue delay, that the obligor's application for the
22 issuance or renewal of a license may not be granted or that the obligor's license has been
23 revoked because the obligor's name has been certified by the department as a support
24 obligor who is not in compliance with an order of support.
25 as enacted by PL 1995, c. 694, Pt. B, §2
26 and affected by Pt. E, §2, is amended to read:
27 Department of Inland
28 Fisheries and Wildlife shall enter into agreements that are necessary to carry out the
29 requirements of this section, but only to the extent the department determines it is cost-
30 effective.
31 as amended by PL 2001, c. 182, §6, is
32 further amended to read:
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34 at least annually, all boards subject to this section and the Department of Professional and
35 Financial Regulation, Division of Administrative Services Inland Fisheries and Wildlife
36 shall provide to the department specified information, on magnetic tape or other machine-
37 readable form, according to standards established by the department, about applicants for
38 licensure and all current licensees. The Department of Professional and Financial
39 Regulation, Office of Securities Inland Fisheries and Wildlife shall provide the specified
40 information for only those current licensees that are residents of this State. The information
41 to be provided must include all of the following information about the licensee:
42 A. Name; Page 5 - 131LR1952(01)
1 B. Address of record;
2 C. Federal employer identification number or social security number;
3 D. Type of license;
4 E. Effective date of license or renewal;
5 F. Expiration date of license; and
6 G. Active or inactive status.
7 as amended by PL 2007, c. 206, §4, is
8 further amended to read:
9
10 information referred to in subsection 12 and registration information referred to in
11 subsection 12‑A, shall identify and notify each board and the Department of Professional
12 and Financial Regulation, Division of Administrative Services, Inland Fisheries and
13 Wildlife of the names of their licensees and registrants who are support obligors subject to
14 this section. The notice must include the social security number and address of the support
15 obligor, the name, address and telephone number of the department's designee for
16 implementing this section and a certification by the department that it has verified that the
17 licensee or registrant is a support obligor subject to this section. When the department
18 notifies a board the Department of Inland Fisheries and Wildlife under this subsection, the
19 department shall provide adequate notice of its action to the obligor. The notice must
20 inform the obligor of the right to request a hearing on the issue of whether the obligor is in
21 compliance with an order of support. The board Department of Inland Fisheries and
22 Wildlife may not issue or renew a license or registration to a person whose name is on the
23 most recent list from the department until the board Department of Inland Fisheries and
24 Wildlife receives a copy of the written confirmation of compliance specified in subsection
25 8.
26 as enacted by PL 1995, c. 694, Pt. B, §2
27 and affected by Pt. E, §2, is amended to read:
28
29 The board Department of Inland Fisheries and Wildlife may reissue, renew or otherwise
30 extend the license or certificate of authority in accordance with the board's Department of
31 Inland Fisheries and Wildlife's rules after the board Department of Inland Fisheries and
32 Wildlife receives a copy of the written confirmation of compliance specified in subsection
33 8. A board The Department of Inland Fisheries and Wildlife may waive any applicable
34 requirement for reissuance, renewal or other extension if it determines that the imposition
35 of that requirement places an undue burden on the person and that waiver of the
36 requirement is consistent with the public interest.
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38 This bill removes the provisions of law requiring the revocation of a professional or
39 occupational license for nonpayment of child support.
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39