S.B. 343 VETOES
POTENTIAL EMPLOYMENT AND THE OBLIGOR DOES NOT HAVE THE PRESENT
ABILITY TO PAY THE MONEY REQUIRED TO REINSTATE THE LICENSE OR PRIVILEGE
TO DRIVE; OR
(IV) THAT THE SUSPENSION OF THE OBLIGOR'S LICENSE OR
PRIVILEGE TO DRIVE WOULD PLACE AN UNDUE HARDSHIP ON THE OBLIGOR
BECAUSE THE OBLIGOR HAS A DISABILITY RENDERING THE OBLIGOR, REGARDLESS
OF WHETHER LICENSED OR NOT, UNABLE TO WORK AND TO PAY THE MONEY
REQUIRED TO REINSTATE THE LICENSE OR PRIVILEGE TO DRIVE.
(2) [Any contest under this subsection shall be limited to whether the
Administration has mistaken the identity of the obligor or the individual whose
license or privilege to drive has been suspended.] THE OBLIGOR MAY NOT CONTEST
THE DECISION TO SUSPEND THE OBLIGOR'S LICENSE OR PRIVILEGE TO DRIVE IF THE
OBLIGOR HAS PREVIOUSLY CONTESTED THE CURRENT ACTION TO SUSPEND THE
LICENSE OR PRIVILEGE TO DRIVE UNDER THE PROVISIONS OF § 10-119(C) OF THE
FAMILY LAW ARTICLE.
(d) (1) An obligor may appeal a decision of the Administration to suspend
the obligor's license or privilege to drive.
(2) At a hearing under this subsection, the [issue] ISSUES shall be
limited to [whether the Administration has mistaken the identity of the obligor or the
individual whose license or privilege to drive has been suspended] THE GROUNDS
PROVIDED IN SUBSECTION (C) OF THIS SECTION.
(e) The Administration shall reinstate an obligor's license or privilege to drive
in the State if:
(1) The Administration receives a court order to reinstate the license or
privilege to drive; or
(2) The Child Support Enforcement Administration notifies the
Administration that:
(i) The individual whose license or privilege to drive was
suspended is not in arrears in making child support payments;
(ii) The obligor has paid the support arrearage in full; or
(iii) The obligor has demonstrated good faith by paying the ordered
amount of support for 6 consecutive months.
(f) The Secretary of Transportation, in cooperation with the Secretary of
Human Resources and the Office of Administrative Hearings, shall adopt regulations
to implement this section.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.
May 26, 2004
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