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RULE §140.19 Suspension of License for Failure to Pay Child Support or Compliance with Child Custody Order


Published: 2015

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(a) On receipt of a final court order or attorney general's order suspending a license due to failure to pay child support or failure to be in compliance with a court order relating to child custody, the department shall immediately determine if a license has been issued to the obligator named on the order. If a license has been issued, the department shall:   (1) record the suspension of the license in the department's records;   (2) report the suspension as appropriate; and   (3) demand surrender of the suspended license. (b) The department shall implement the terms of a final court order or attorney general's order suspending a license without additional review or hearing. The department will provide notice as appropriate to the licensee or to others concerned with the license. (c) The department may not modify, remand, reverse, vacate, or stay a court or attorney general's order suspending a license issued under the Family Code, Chapter 232 as added by Acts 1995, 74th Legislature Chapter 751, §85 (HB 433) and may not review, vacate, or reconsider the terms of an order. (d) A licensee who is the subject of a final court order or attorney general's order suspending his or her license is not entitled to a refund for any fee paid to the department. (e) If a suspension overlaps a license renewal period, an individual with a license suspended under this section shall comply with the normal procedures in the Act and this chapter; however, the license will not be renewed until subsection (g) and (h) of this section are met. (f) An individual who continues to use the titles "licensed perfusionist", or "provisional licensed perfusionist" after the issuance of a court or attorney general's order suspending the license is liable for the same civil and criminal penalties provided for engaging in the prohibited activity without a license or while a license is suspended as any other license holder of the department. (g) On receipt of a court order or attorney general's order vacating or staying an order suspending a license, the department shall promptly issue the affected license to the individual if the individual is otherwise qualified for the license. (h) The individual must pay a reinstatement fee set out at §140.2 of this title (relating to Fees) prior to issuance of the license under subsection (g) of this section.

Source Note: The provisions of this §140.19 adopted to be effective June 10, 2001, 26 TexReg 3932; amended to be effective September 12, 2004, 29 TexReg 8526; transferred effective September 1, 2005, as published in the Texas Register August 26, 2005, 30 TexReg 5007; amended to be effective June 29, 2006, 31 TexReg 5126