2006 Minnesota Statutes

518A.65 DRIVER'S LICENSE SUSPENSION.
(a) Upon motion of an obligee, which has been properly served on the obligor and upon
which there has been an opportunity for hearing, if a court finds that the obligor has been or may
be issued a driver's license by the commissioner of public safety and the obligor is in arrears in
court-ordered child support or maintenance payments, or both, in an amount equal to or greater
than three times the obligor's total monthly support and maintenance payments and is not in
compliance with a written payment agreement pursuant to section 518A.69 that is approved by the
court, a child support magistrate, or the public authority, the court shall order the commissioner of
public safety to suspend the obligor's driver's license. The court's order must be stayed for 90
days in order to allow the obligor to execute a written payment agreement pursuant to section
518A.69. The payment agreement must be approved by either the court or the public authority
responsible for child support enforcement. If the obligor has not executed or is not in compliance
with a written payment agreement pursuant to section 518A.69 after the 90 days expires, the
court's order becomes effective and the commissioner of public safety shall suspend the obligor's
driver's license. The remedy under this section is in addition to any other enforcement remedy
available to the court. An obligee may not bring a motion under this paragraph within 12 months
of a denial of a previous motion under this paragraph.
(b) If a public authority responsible for child support enforcement determines that the obligor
has been or may be issued a driver's license by the commissioner of public safety and the obligor
is in arrears in court-ordered child support or maintenance payments or both in an amount equal
to or greater than three times the obligor's total monthly support and maintenance payments and
not in compliance with a written payment agreement pursuant to section 518A.69 that is approved
by the court, a child support magistrate, or the public authority, the public authority shall direct
the commissioner of public safety to suspend the obligor's driver's license. The remedy under this
section is in addition to any other enforcement remedy available to the public authority.
(c) At least 90 days prior to notifying the commissioner of public safety according to
paragraph (b), the public authority must mail a written notice to the obligor at the obligor's last
known address, that it intends to seek suspension of the obligor's driver's license and that the
obligor must request a hearing within 30 days in order to contest the suspension. If the obligor
makes a written request for a hearing within 30 days of the date of the notice, a court hearing must
be held. Notwithstanding any law to the contrary, the obligor must be served with 14 days' notice
in writing specifying the time and place of the hearing and the allegations against the obligor.
The notice must include information that apprises the obligor of the requirement to develop a
written payment agreement that is approved by a court, a child support magistrate, or the public
authority responsible for child support enforcement regarding child support, maintenance, and
any arrearages in order to avoid license suspension. The notice may be served personally or by
mail. If the public authority does not receive a request for a hearing within 30 days of the date
of the notice, and the obligor does not execute a written payment agreement pursuant to section
518A.69 that is approved by the public authority within 90 days of the date of the notice, the
public authority shall direct the commissioner of public safety to suspend the obligor's driver's
license under paragraph (b).
(d) At a hearing requested by the obligor under paragraph (c), and on finding that the
obligor is in arrears in court-ordered child support or maintenance payments or both in an
amount equal to or greater than three times the obligor's total monthly support and maintenance
payments, the district court or child support magistrate shall order the commissioner of public
safety to suspend the obligor's driver's license or operating privileges unless the court or child
support magistrate determines that the obligor has executed and is in compliance with a written
payment agreement pursuant to section 518A.69 that is approved by the court, a child support
magistrate, or the public authority.
(e) An obligor whose driver's license or operating privileges are suspended may:
(1) provide proof to the public authority responsible for child support enforcement that the
obligor is in compliance with all written payment agreements pursuant to section 518A.69;
(2) bring a motion for reinstatement of the driver's license. At the hearing, if the court or
child support magistrate orders reinstatement of the driver's license, the court or child support
magistrate must establish a written payment agreement pursuant to section 518A.69; or
(3) seek a limited license under section 171.30. A limited license issued to an obligor under
section 171.30 expires 90 days after the date it is issued.
Within 15 days of the receipt of that proof or a court order, the public authority shall inform
the commissioner of public safety that the obligor's driver's license or operating privileges should
no longer be suspended.
(f) On January 15, 1997, and every two years after that, the commissioner of human services
shall submit a report to the legislature that identifies the following information relevant to the
implementation of this section:
(1) the number of child support obligors notified of an intent to suspend a driver's license;
(2) the amount collected in payments from the child support obligors notified of an intent to
suspend a driver's license;
(3) the number of cases paid in full and payment agreements executed in response to
notification of an intent to suspend a driver's license;
(4) the number of cases in which there has been notification and no payments or payment
agreements;
(5) the number of driver's licenses suspended;
(6) the cost of implementation and operation of the requirements of this section; and
(7) the number of limited licenses issued and number of cases in which payment agreements
are executed and cases are paid in full following issuance of a limited license.
(g) In addition to the criteria established under this section for the suspension of an obligor's
driver's license, a court, a child support magistrate, or the public authority may direct the
commissioner of public safety to suspend the license of a party who has failed, after receiving
notice, to comply with a subpoena relating to a paternity or child support proceeding. Notice to an
obligor of intent to suspend must be served by first class mail at the obligor's last known address.
The notice must inform the obligor of the right to request a hearing. If the obligor makes a written
request within ten days of the date of the hearing, a hearing must be held. At the hearing, the only
issues to be considered are mistake of fact and whether the obligor received the subpoena.
(h) The license of an obligor who fails to remain in compliance with an approved written
payment agreement may be suspended. Prior to suspending a license for noncompliance with an
approved written payment agreement, the public authority must mail to the obligor's last known
address a written notice that (1) the public authority intends to seek suspension of the obligor's
driver's license under this paragraph, and (2) the obligor must request a hearing, within 30 days of
the date of the notice, to contest the suspension. If, within 30 days of the date of the notice, the
public authority does not receive a written request for a hearing and the obligor does not comply
with an approved written payment agreement, the public authority must direct the Department
of Public Safety to suspend the obligor's license under paragraph (b). If the obligor makes a
written request for a hearing within 30 days of the date of the notice, a court hearing must be
held. Notwithstanding any law to the contrary, the obligor must be served with 14 days' notice
in writing specifying the time and place of the hearing and the allegations against the obligor.
The notice may be served personally or by mail at the obligor's last known address. If the obligor
appears at the hearing and the court determines that the obligor has failed to comply with an
approved written payment agreement, the court or public authority shall notify the Department of
Public Safety to suspend the obligor's license under paragraph (b). If the obligor fails to appear at
the hearing, the court or public authority must notify the Department of Public Safety to suspend
the obligor's license under paragraph (b).
History: 1971 c 961 s 21; 1974 c 107 s 20; 1977 c 282 s 29; 1978 c 772 s 50; 1979 c 259
s 25; 1981 c 349 s 6; 1981 c 360 art 2 s 46; 3Sp1981 c 3 s 19; 1982 c 488 s 4,5; 1983 c 308 s
16-20; 1984 c 547 s 18,19; 1985 c 131 s 7; 1986 c 406 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82;
1987 c 403 art 3 s 79,80; 1988 c 593 s 8; 1988 c 668 s 17,18; 1989 c 282 art 2 s 190,191; 1990 c
568 art 2 s 70-72; 1990 c 574 s 18; 1991 c 266 s 2; 1991 c 292 art 5 s 75-78; 1992 c 513 art 8 s
53,54; 1993 c 34 s 1; 1993 c 322 s 12; 1993 c 340 s 32-38; 1Sp1993 c 1 art 6 s 44; 1994 c 483 s
1; 1994 c 488 s 8; 1994 c 630 art 11 s 9,10; 1995 c 186 s 94; 1995 c 257 art 1 s 23-26; 1997 c 66
s 79; 1997 c 203 art 6 s 42,43; 1997 c 245 art 1 s 13-17; art 3 s 10; 1998 c 382 art 1 s 7-11; 1999
c 107 s 66; 1999 c 159 s 136; 1999 c 196 art 1 s 6; art 2 s 9-11; 1999 c 245 art 7 s 8; 2000 c
343 s 4; 2000 c 444 art 2 s 37; 2001 c 51 s 13,14; 2001 c 134 s 1; 2001 c 158 s 1; 2002 c 344
s 13-16; 2003 c 130 s 12; 1Sp2003 c 14 art 6 s 58; art 10 s 5,6; 2005 c 116 s 4; 2005 c 164 s
7,8,29; 1Sp2005 c 7 s 28; 2006 c 280 s 15,16,22; 2006 c 282 art 18 s 3