49.856(3)(c)
(c) Inform the obligor that if a hearing is requested under
par. (b) the department or agency will not require the person withholding the amount to send the amount to that department or agency until a final decision is issued in response to the request for a hearing.
49.856(3)(d)
(d) Request that the obligor inform the department or agency if a bankruptcy stay is in effect with respect to the obligor.
49.856(4)
(4) If the obligor requests a hearing under
sub. (3) (b), the circuit court shall schedule a hearing within 10 business days after receiving the request. The only issue at the hearing shall be whether the person owes the delinquent payment or outstanding amount specified in the statewide support lien docket under
s. 49.854 (2) (b). A circuit court commissioner may conduct the hearing.
49.856(5)
(5) Receipt of a notification by a person under
sub. (2) shall constitute a lien, equal to the amount specified in the statewide support lien docket under
s. 49.854 (2) (b), on any lump sum payment resulting from a judgment or settlement that may be due the obligor. The department or agency shall notify the person who received the notification under
sub. (2) that the obligor has not requested a hearing or, if he or she has requested a hearing, of the results of that hearing, and of the responsibilities of the person who received the notification under
sub. (2), including the requirement to submit the amount specified in the statewide support lien docket under
s. 49.854 (2) (b). Use of the procedures under this section does not prohibit the department or agency from attempting to recover the amount specified in the statewide support lien docket under
s. 49.854 (2) (b) through other legal means. The department or agency shall promptly notify any person who receives notification under
sub. (2) if the amount specified in the statewide support lien docket under
s. 49.854 (2) (b) has been recovered by some other means and no longer must be withheld from the judgment or settlement under this section.
49.856(6)
(6) After receipt of notification by a person under
sub. (2) and before receipt of notice from the department under
sub. (5) that the amount specified in the statewide support lien docket under
s. 49.854 (2) (b) has been otherwise recovered, no release of any judgment, claim or demand by the obligor shall be valid as against a lien created under
sub. (5), and the person making any payment to the obligor to satisfy the judgment or settlement shall remain liable to the department for the amount of the lien.
49.856 History
History: 1997 a. 191;
2001 a. 61.
49.857
49.857
Administrative enforcement of support; denial, nonrenewal, restriction and suspension of licenses. 49.857(1)(b)
(b) "Credential" means a license, permit, certificate or registration that is granted under
chs. 440 to
480.
49.857(1)(c)
(c) "Credentialing board" means a board, examining board or affiliated credentialing board in the department of regulation and licensing that grants a credential.
49.857(1)(d)2.
2. An approval specified in s.29.024 (2g) or a license issued under
ch. 169.
49.857(1)(d)4.
4. A certification, license, training permit, registration, approval or certificate issued under
s. 49.45 (2) (a) 11.,
146.50 (5) (a) or
(b),
(6g) (a) or
(8) (a),
250.05 (5),
252.23 (2),
252.24 (2),
254.176 (1) or
(3) (a),
254.178 (2) (a),
254.20 (2),
(3) or
(4),
254.47 (1),
254.64 (1) (a) or
(b),
254.71 (2) or
255.08 (2).
49.857(1)(d)15.
15. A license, permit or registration issued under
ss. 218.0101 to
218.0163,
218.11,
218.12,
218.22,
218.32,
218.41,
218.51,
341.51,
343.305 (6),
343.61 or
343.62.
49.857(1)(d)17.
17. A license issued under
ch. 343 or, with respect to restriction, limitation or suspension, an individual's operating privilege, as defined in
s. 340.01 (40).
49.857(1)(e)
(e) "Licensing agency" means a board, office or commissioner, department or division within a department that grants or issues a license, but does not include a credentialing board.
49.857(1)(em)
(em) "Licensing authority" means the supreme court or the Lac du Flambeau band of the Lake Superior Chippewa.
49.857(1)(f)
(f) "Subpoena or warrant" means a subpoena or warrant issued by the department of workforce development or a child support agency and relating to paternity or support proceedings.
49.857(1)(g)
(g) "Support" means child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.
49.857(2)(a)(a) The department of workforce development shall establish a system, in accordance with federal law, under which a licensing authority is requested, and a licensing agency or credentialing board is required, to restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license in a timely manner upon certification by and in cooperation with the department of workforce development, if the individual holding or applying for the license is delinquent in making court-ordered payments of support or fails to comply, after appropriate notice, with a subpoena or warrant.
49.857(2)(b)
(b) Under the system, the department of workforce development shall enter into a memorandum of understanding with a licensing authority, if the licensing authority agrees, and with a licensing agency. A memorandum of understanding under this paragraph shall address at least all of the following:
49.857(2)(b)1.
1. The circumstances under which the licensing authority or the licensing agency must restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license and guidelines for determining the appropriate action to take. The memorandum of understanding with the department of regulation and licensing shall include the circumstances under which the department of regulation and licensing shall direct a credentialing board to restrict, limit, suspend, withhold, deny or refuse to grant a credential and guidelines for determining the appropriate action to take. The guidelines under this subdivision for determining the appropriate action to take shall require the consideration of whether the action is likely to have an adverse effect on public health, safety or welfare or on the environment, and of whether the action is likely to adversely affect individuals other than the individual holding or applying for the license, such as employees of that individual.
49.857(2)(b)2.
2. Procedures that the department of workforce development shall use for doing all of the following:
49.857(2)(b)2.a.
a. Certifying to the licensing authority or licensing agency a delinquency in support or a failure to comply with a subpoena or warrant. The memorandum of understanding with the department of regulation and licensing shall include procedures for the department of regulation and licensing to notify a credentialing board that a certification of delinquency in support or failure to comply with a subpoena or warrant has been made by the department of workforce development with respect to an individual who holds or applied for a credential granted by the credentialing board.
49.857(2)(b)2.b.
b. Notifying an individual who is delinquent in making court-ordered payments of support under
sub. (3) (a).
49.857(2)(b)2.bg.
bg. Notifying an individual who is delinquent in making court-ordered payments of support and who fails to request a hearing under
sub. (3) (am).
49.857(2)(b)2.c.
c. Notifying the licensing authority or licensing agency that an individual has paid delinquent support or made satisfactory alternative payment arrangements or satisfied the requirements under a subpoena or warrant. The memorandum of understanding with the department of regulation and licensing shall include procedures for the department of regulation and licensing to notify a credentialing board that an individual who holds or applied for a credential granted by the credentialing board has paid delinquent support or made satisfactory alternative payment arrangements or satisfied the requirements under a subpoena or warrant.
49.857(2)(b)3.
3. Procedures that the licensing authority or licensing agency shall use for doing all of the following:
49.857(2)(b)3.a.
a. Restricting, limiting, suspending, withholding, denying, refusing to grant or issue or refusing to renew or revalidate a license. The memorandum of understanding with the department of regulation and licensing shall include procedures for the department of regulation and licensing to direct a credentialing board to restrict, limit, suspend, withhold, deny or refuse to grant a credential.
49.857(2)(b)3.c.
c. Issuing or reinstating a license if the department of workforce development notifies the licensing authority or licensing agency that an individual who was delinquent in making court-ordered payments of support has paid the delinquent support or made satisfactory alternative payment arrangements or that an individual who failed to comply with a subpoena or warrant has satisfied the requirements under the subpoena or warrant. The memorandum of understanding with the department of regulation and licensing shall include procedures for the department of regulation and licensing to direct a credentialing board to grant or reinstate a credential if the department of workforce development notifies the department of regulation and licensing that an individual who holds or applied for a credential granted by the credentialing board has paid the delinquent support or made satisfactory alternative payment arrangements or that an individual who failed to comply with a subpoena or warrant has satisfied the requirements under the subpoena or warrant.
49.857(2)(b)3.d.
d. Issuing or reinstating a license after the maximum time has elapsed if an individual who was delinquent in making court-ordered payments of support does not pay the delinquent support or make satisfactory alternative payment arrangements and if an individual who failed to comply with a subpoena or warrant fails to satisfy the requirements under the subpoena or warrant.
49.857(2)(b)4.
4. Procedures for the use under the system of social security numbers obtained from license applications.
49.857(2)(b)5.
5. Procedures for safeguarding the confidentiality of information about an individual, including social security numbers obtained by the department of workforce development, the licensing authority, the licensing agency or a credentialing board.
49.857(2)(c)1.1. The system shall provide for adequate notice to an individual who is delinquent in making court-ordered payments of support, an opportunity for the individual to make alternative arrangements for paying the delinquent support, an opportunity for the individual to request and obtain a hearing before a court or circuit court commissioner as provided in
sub. (3) and prompt reinstatement of the individual's license upon payment of the delinquent support or upon making satisfactory alternative payment arrangements.
49.857(2)(c)2.
2. The system shall provide for adequate notice to an individual who fails to comply with a subpoena or warrant, an opportunity for the individual to satisfy the requirements under the subpoena or warrant and prompt reinstatement of the individual's license upon satisfaction of the requirements under the subpoena or warrant.
49.857(2)(d)
(d) Notwithstanding
pars. (b) 3. c. and
(c), under the system a license may not be restricted, limited, suspended, withheld, denied or refused granting, issuing, renewing or revalidating for a delinquency in support for more than 5 years, or for a failure to comply with a subpoena or warrant for more than 6 months.
49.857(3)(a)(a) Before the department of workforce development certifies to a licensing authority or a licensing agency under the system established under
sub. (2) that an individual is delinquent in making court-ordered payments of support, the department of workforce development or a child support agency shall provide notice to the individual by regular mail. The notice shall inform the individual of all of the following:
49.857(3)(a)1.
1. That a certification of delinquency in paying support will be made to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing.
49.857(3)(a)3.
3. That, upon certification, for a period of 5 years any license that the individual holds from any licensing agency or credentialing board, or from any licensing authority if the licensing authority agrees, will be restricted, limited, suspended or not renewed or revalidated, and any license for which the individual applies or has applied from any licensing agency or credentialing board, or from any licensing authority if the licensing authority agrees, will not be granted or issued. The notice shall inform the individual that he or she may be eligible for an occupational license under
s. 343.10 if his or her operating privilege is suspended.
49.857(3)(a)4.
4. That the certification will not be made if the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements with the department of workforce development or a child support agency. The notice shall inform the individual of how he or she may pay the delinquent amount or make satisfactory alternative payment arrangements.
49.857(3)(a)5.
5. That, within 20 business days after receiving the notice, the individual may request a hearing before the circuit court that rendered the order or judgment requiring the payments. The request shall be in writing and the individual shall mail or deliver a copy of the request to the child support agency.
49.857(3)(ac)1.1. If an individual timely requests a hearing under
par. (a) 5., the court shall schedule a hearing within 10 business days after receiving the request. A circuit court commissioner may conduct the hearing. The only issues at the hearing shall be whether the individual is delinquent in making court-ordered payments of support and whether any alternative payment arrangement offered by the department of workforce development or the county child support agency is reasonable.
49.857(3)(ac)2.
2. If at a hearing under
subd. 1. the court or circuit court commissioner finds that the individual does not owe delinquent support, or if within 20 business days after receiving a notice under
par. (a) the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements, the department of workforce development may not place the individual's name on a certification list.
49.857(3)(ac)3.
3. If at a hearing under
subd. 1. the court or circuit court commissioner makes a written determination that alternative payment arrangements proposed by the department of workforce development or a child support agency are not reasonable, the court or circuit court commissioner may order for the individual an alternative payment arrangement. If the court or circuit court commissioner orders an alternative payment arrangement, the department of workforce development may not place the individual's name on a certification list.
49.857(3)(am)
(am) If an individual, after receiving notice under
par. (a), does not timely request a hearing or pay the delinquent amount of support or make satisfactory alternative payment arrangements, the department of workforce development shall place the individual's name on a certification list. Thereafter, the department of workforce development or a child support agency shall provide a 2nd notice to the individual by regular mail that informs the individual of all of the following:
49.857(3)(am)1.
1. That the individual's name has been placed on a certification list, which will be provided to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing.
49.857(3)(am)3.
3. That, upon certification, for a period of 5 years any license that the individual holds from any licensing agency or credentialing board, or from any licensing authority if the licensing authority agrees, will be restricted, limited, suspended or not renewed or revalidated, and any license for which the individual applies or has applied from any licensing agency or credentialing board, or from any licensing authority if the licensing authority agrees, will not be granted or issued.
49.857(3)(am)4.
4. That the certification will not be made if the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements with the department of workforce development or a child support agency. The notice shall inform the individual of how he or she may pay the delinquent amount or make satisfactory alternative payment arrangements.
49.857(3)(am)5.
5. That, within 20 business days after receiving the notice, the individual may request a hearing before the circuit court that rendered the order or judgment requiring the payments. The request shall be in writing and the individual shall mail or deliver a copy of the request to the child support agency.
49.857(3)(ar)1.1. If an individual timely requests a hearing under
par. (am) 5., the court shall schedule a hearing within 10 business days after receiving the request. A circuit court commissioner may conduct the hearing. The only issues at the hearing shall be whether the individual is delinquent in making court-ordered payments of support and whether any alternative payment arrangement offered by the department of workforce development or the county child support agency is reasonable.
49.857(3)(ar)2.
2. If at a hearing under
subd. 1. the court or circuit court commissioner finds that the individual does not owe delinquent support, or if within 20 business days after receiving a notice under
par. (am) the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements, the department of workforce development shall remove the individual's name from the certification list.
49.857(3)(ar)3.
3. If at a hearing under
subd. 1. the court or circuit court commissioner makes a written determination that alternative payment arrangements proposed by the department of workforce development or a child support agency are not reasonable, the court or circuit court commissioner may order for the individual an alternative payment arrangement. If the court or circuit court commissioner orders an alternative payment arrangement, the department of workforce development may not place the individual's name on a certification list.
49.857(3)(b)
(b) Any subpoena or warrant shall include notice to the individual of the effect that a failure to comply with the subpoena or warrant may have on any license that the individual holds or for which the individual applies. If the individual fails to comply, before the department of workforce development certifies to a licensing authority or a licensing agency under the system established under
sub. (2) that an individual has failed to comply with a subpoena or warrant, the department of workforce development or a child support agency shall provide notice to the individual by regular mail. The notice shall inform the individual of all of the following:
49.857(3)(b)1.
1. That a certification of the failure to comply with a subpoena or warrant will be made to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing.
49.857(3)(b)3.
3. That, upon certification, for a period of 6 months any license that the individual holds from any licensing agency or credentialing board, or from any licensing authority if the licensing authority agrees, will be restricted, limited, suspended or not renewed or revalidated, and any license for which the individual applies or has applied from any licensing agency or credentialing board, or from any licensing authority if the licensing authority agrees, will not be granted or issued.
49.857(3)(b)4.
4. That certification will not be made if the individual satisfies the requirements under the subpoena or warrant. The notice shall inform the individual of how he or she may satisfy those requirements.
49.857(3)(bm)
(bm) If an individual, after receiving notice under
par. (b), does not satisfy the requirements under the subpoena or warrant, the department of workforce development shall place the individual's name on a certification list.
49.857(3)(c)
(c) If the department of workforce development provides a certification list to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing, upon receipt of the list the licensing authority if the licensing authority agrees, the licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing shall do all of the following:
49.857(3)(c)1.
1. In accordance with a memorandum of understanding entered into under
sub. (2) (b), restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license if the individual holding or applying for the license is included on the list.
49.857(3)(c)2.
2. Provide notice to the individual by regular mail of the action taken under
subd. 1.
