TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 5. Drivers' Licenses, 40-5-1 through 40-5-179.

ARTICLE 3 CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES

40-5-54.1. Denial or suspension of license for noncompliance with child support order.

1. As used in this Code section, the term:
   1. "Agency" means the agency within the Department of Human Services which is responsible for enforcing orders for child support pursuant to this article.
   2. "Compliance with an order for child support" means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance.
   3. "Proof of compliance" means the notice of release issued by the agency or court of competent jurisdiction stating that the delinquent obligor is in compliance with an order for child support.
2. The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-11-9.3, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support. The department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail to the address reflected on its records as the driver's mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such driver of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements of law, and no further notice to the driver shall be required for the suspensions provided for in this Code section.
3. The suspension or denial of an application for issuance or renewal of a license shall be for an indefinite period and until such person shall provide proof of compliance with an order for child support. Such person's license shall be reinstated if the person submits proof of compliance with an order for child support from the agency or court of competent jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his or her license.
4. Any person who receives notice from the agency that his or her registration is subject to denial or suspension may request a hearing and appeal as provided for in Code Section 19-6-28.1 or 19-11-9.3. Notwithstanding any provisions of law to the contrary, the hearings and appeal procedures provided for in such Code sections shall be the only such procedures required for purposes of this Code section.

(Code 1981, §40-5-54.1, enacted by Ga. L. 1996, p. 453, § 11; Ga. L. 2000, p. 951, § 5-17; Ga. L. 2008, p. 171, § 4/HB 1111; Ga. L. 2009, p. 453, § 2-2/HB 228.)