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RULE §296.315Suspension of License under Texas Family Code Chapter 232

(a) Every license or registration of a person who is a licensee or registrant under this chapter is subject to suspension based upon a final order of a court or the Office of the Attorney General, Child Support Division under Texas Family Code, Chapter 232 (relating to Suspension of License) directing DSHS to suspend the person's license or registration.

(b) If DSHS receives an order described in subsection (a) of this section, DSHS immediately determines if a license has been issued to the individual named on the order. If a license has been issued, DSHS:

  (1) records the suspension of the license in its records; and

  (2) reports and provides notice of the suspension, as applicable and appropriate, to:

    (A) the Office of the Attorney General, Child Support Division, or court from which it received the order suspending license;

    (B) the licensee; and

    (C) any current employer of the licensee or registrant, if known.

(c) DSHS implements any final order described in subsection (a) of this section without additional review or hearing. DSHS is without authority to modify, remand, reverse, vacate, or stay an order issued under Texas Family Code, Chapter 232, and may not review, vacate, or reconsider the terms of such a final order suspending license.

(d) A licensee or registrant whose license is suspended based upon a final order suspending license described in subsection (a) of this section:

  (1) is prohibited from engaging in any activity requiring a license and is subject to disciplinary action for violation of this prohibition;

  (2) must comply with normal renewal procedures to keep the license current; a renewed license remains subject to the suspension until the suspension is lifted under subsection (e) of this section; and

  (3) is not entitled to a refund for any fee paid to DSHS.

(e) Upon DSHS's receipt of an order vacating or staying an order suspending the license, DSHS will promptly issue the affected license to the individual if the individual is otherwise qualified for and has met the prerequisites for the license under this chapter.

(f) DSHS may not grant any license or registration application or any renewal application if it receives notice from a child support agency, as defined in Family Code §101.004, concerning an applicant, licensee, or registrant who has failed to pay child support under a support order for six months or more, requesting that DSHS deny approval of any such application. DSHS may not grant any application with respect to which it has received such notice until the authority is notified by the child support agency that the applicable applicant has:

  (1) paid all child support arrearages;

  (2) made an immediate payment of not less than $200 toward child support arrearages owed and established with the agency a satisfactory repayment schedule for the remainder or is in compliance with a court order for payment of the arrearages;

  (3) been granted an exemption from this subsection as part of a court-supervised plan to improve the obligor's earnings and child support payments; or

  (4) successfully contested the denial of issuance or renewal of license under Texas Family Code, Chapter 232.

(g) DSHS may charge a fee to an individual who is the subject of an order described under subsection (a) of this section or who is refused approval of an application under subsection (f) of this section in an amount sufficient to recover the administrative costs incurred by DSHS under Texas Family Code, Chapter 232.

Source Note: The provisions of this §296.315 adopted to be effective July 8, 2021, 46 TexReg 3880

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