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Statutes Text

Article - Family Law




§10–119.3.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “License” means any license, certificate, registration, permit, or other authorization that:

            (i)    is issued by a licensing authority;

            (ii)    is subject to suspension, revocation, forfeiture, or termination by a licensing authority; and

            (iii)    is necessary for an individual to practice or engage in:

                1.    a particular business, occupation, or profession; or

                2.    recreational hunting or fishing.

        (3)    (i)    “Licensing authority” means a department, unit of a department, commission, board, office, or court of the State.

            (ii)    “Licensing authority” includes:

                1.    the Maryland Department of Labor;

                2.    the Maryland Department of Health;

                3.    the Department of Human Services;

                4.    the Department of Transportation;

                5.    the Department of the Environment;

                6.    the Comptroller of the Treasury;

                7.    the Department of Agriculture;

                8.    the Maryland Insurance Administration;

                9.    the Public Service Commission;

                10.    the Secretary of State;

                11.    the State Department of Education;

                12.    the Department of Natural Resources;

                13.    the Office of the Attorney General;

                14.    the clerks of the court that are authorized to issue a license or certificate for professional services or recreational uses; and

                15.    the Court of Appeals.

    (b)    (1)    Except as provided in paragraph (2) of this subsection, a licensing authority shall:

            (i)    require each applicant for a license to disclose the Social Security number of the applicant; and

            (ii)    record the applicant’s Social Security number on the application.

        (2)    The Department of Natural Resources shall:

            (i)    require an applicant for a recreational hunting or fishing license to disclose only the last four digits of the Social Security number of the applicant instead of the full Social Security number; and

            (ii)    record the applicant’s partial Social Security number on the application.

    (c)    (1)    To carry out its responsibility under State and federal law, the Administration may request from a licensing authority information concerning any obligor in arrears in paying child support through a support enforcement agency.

        (2)    A request for information by the Administration under paragraph (1) of this subsection:

            (i)    shall contain:

                1.    the full name of the obligor; and

                2.    the Social Security number or, as appropriate, the partial Social Security number of the obligor; and

            (ii)    may be transmitted to a licensing authority using an electronic format.

        (3)    A request for information may not be made by the Administration to a licensing authority more frequently than four times in each calendar year except with respect to an obligor whom the Administration has reason to believe is licensed by, or has applied for a license from, the licensing authority.

        (4)    In addition to requests for information under this subsection, the Administration may request a licensing authority to periodically share its licensing database with the Administration.

    (d)    (1)    Upon receipt of a request for information under subsection (c) of this section, a licensing authority shall submit the following information to the Administration with respect to each obligor who is licensed by, or has applied for a license from, the licensing authority:

            (i)    the full name of the obligor;

            (ii)    the address of the obligor, if known;

            (iii)    the Social Security number or, as appropriate, the partial Social Security number of the obligor, if known; and

            (iv)    a description of the license held by the obligor.

        (2)    The information may be transmitted to the Administration in an electronic format.

        (3)    Except as otherwise provided by law, any record compiled under this subsection shall be made available only to a person who has a right to the record in an official capacity.

    (e)    (1)    Except as provided in paragraph (3) of this subsection and subject to the provisions of subsection (f) of this section, the Administration may request a licensing authority to suspend or deny an individual’s license if:

            (i)    1.    the individual is 120 days or more out of compliance with the most recent order; and

                2.    A.    the Administration has accepted an assignment of support under § 5–312(b)(2) of the Human Services Article; or

                B.    the recipient of support payments has filed an application for support enforcement services with the Administration; or

            (ii)    the individual has failed to comply with a subpoena issued by the Administration under § 10–108.6 of this subtitle.

        (2)    Except as provided in paragraph (3) of this subsection, upon notification by the Administration under this section, a licensing authority shall:

            (i)    suspend an individual’s license; or

            (ii)    deny the license of an individual who is an applicant for a license from the licensing authority.

        (3)    (i)    This paragraph applies if the licensing authority is the Court of Appeals.

            (ii)    If an individual meets the criteria specified in paragraph (1) of this subsection, the Administration may make a referral to the Attorney Grievance Commission for proceedings in accordance with the Maryland Rules governing attorney discipline.

            (iii)    On recommendation of the Attorney Grievance Commission, the Court of Appeals may suspend an individual’s license or take other action against the individual as authorized by the Maryland Rules governing attorney discipline.

            (iv)    The Court of Appeals may adopt rules to implement the provisions of this paragraph.

    (f)    (1)    At least 30 days before requesting a licensing authority to suspend or deny a license or at least 30 days before making a referral under subsection (e)(3) of this section, the Administration shall:

            (i)    send written notice of the proposed action to the individual whose license is subject to suspension under this section, including notice of the individual’s right to request an investigation; and

            (ii)    give the individual a reasonable opportunity to contest the accuracy of the information.

        (2)    For a license necessary to practice or engage in a particular business, occupation, or profession, the notice shall include a statement that the obligor has the right to request an investigation on the following grounds:

            (i)    the reported arrearage is inaccurate;

            (ii)    1.    the suspension of the license would be an impediment to current or potential employment because the license is necessary for the primary source of income for the obligor; and

                2.    the obligor has made good faith payments toward the child support obligation; or

            (iii)    the suspension of the license would result in an undue hardship because:

                1.    the obligor has a documented disability resulting in a verified inability to work; or

                2.    the suspension of the license would result in the inability of the obligor to comply with the court order.

        (3)    (i)    Upon receipt of a request for investigation from an individual whose license is subject to suspension, the Administration shall conduct an investigation.

            (ii)    Upon completion of the investigation, the Administration shall notify the individual of the result of the investigation and the individual’s right to appeal to the Office of Administrative Hearings.

        (4)    (i)    An appeal under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

            (ii)    An appeal shall be made in writing and shall be received by the Office of Administrative Hearings within 30 days after the notice to the individual whose license is subject to suspension of the results of the investigation.

        (5)    If, after the investigation or appeal to the Office of Administrative Hearings, the Administration finds that it erred in making a decision or that one of the grounds under paragraph (2) of this subsection exists, the Administration may not send a notification about an individual to a licensing authority or make a referral under subsection (e)(3) of this section.

    (g)    The Administration may not send a notification about an individual to a licensing authority or make a referral under subsection (e)(3) of this section if:

        (1)    with respect to an individual with a child support arrearage:

            (i)    the Administration reaches an agreement with the individual regarding a scheduled payment of the child support arrearage or a court issues an order for a scheduled payment of the child support arrearage; and

            (ii)    the individual is complying with the agreement or court order; or

        (2)    with respect to an individual who failed to comply with a subpoena issued under § 10–108.5 of this subtitle, the individual has complied with the subpoena.

    (h)    (1)    Except as provided in paragraph (2) of this subsection, prior to the suspension or denial of a license under subsection (e) of this section, a licensing authority shall send written notice of the proposed action to the individual whose license is subject to suspension or denial, including notice of the individual’s right to contest the identity of the individual whose license or application is to be suspended or denied.

        (2)    If the licensing authority is the Court of Appeals, notice shall be as provided in the Maryland Rules governing attorney discipline.

    (i)    (1)    (i)    Except as provided in paragraph (2) of this subsection, an individual may appeal a decision of a licensing authority to suspend or deny the individual’s license in accordance with Title 10, Subtitle 2 of the State Government Article.

            (ii)    At a hearing under this paragraph, the issue shall be limited to whether the Administration has mistaken the identity of the individual whose license has been suspended or denied.

        (2)    If the licensing authority is the Court of Appeals, an individual may appeal a decision in accordance with the Maryland Rules governing attorney discipline.

    (j)    The Administration shall notify the licensing authority to reinstate any license suspended or denied under this section within 10 days after the occurrence of any of the following events:

        (1)    the Administration receives a court order to reinstate the suspended license;

        (2)    with respect to an individual with a child support arrearage, the individual has:

            (i)    paid the support arrearage in full;

            (ii)    demonstrated good faith by paying the ordered amount of support for 4 consecutive months;

            (iii)    paid a lump sum equal to four times the ordered amount of monthly support; or

            (iv)    cooperated with the Administration in entering into an enforceable wage withholding order with the maximum deduction permitted under federal law; or

        (3)    with respect to an individual whose license was suspended or denied because of a failure to comply with a subpoena issued under § 10–108.5 of this subtitle, the individual has complied with the subpoena.

    (k)    A licensing authority shall immediately reinstate any license suspended, or process an application for any license denied, under this section if:

        (1)    notified by the Administration that the license should be reinstated; and

        (2)    the individual otherwise qualifies for the license.



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