Title 7, SPECIAL PROCEEDINGS

7-1401. Statement of legislative intent. The legislature of the state of Idaho finds that the remedy of suspension of a wide variety of licenses is needed to increase the effectiveness of enforcement of child support orders, compliance with subpoenas in paternity and child suppor…

7-1402. Definitions. (1) "Child support order" means a legally enforceable obligation, issued by a court or administrative body, assessed against an individual for the support of a child, which shall include medical care, health insurance premiums for the child, child care expens…

7-1403. Grounds for suspension of a license. In addition to any other basis provided by Idaho law for suspension of a license, a licensee is subject to suspension of a license if the licensee: (1) Is an obligor who has a delinquency as defined in section 7-1402(3), Idaho Code; (2…

7-1404. Jurisdiction for suspension of a license. (1) Upon petition of an obligee of a child support order, a person entitled to visitation with a minor child pursuant to court order, or the department of health and welfare, a court may issue an order suspending a license on any …

7-1405. Commencement of judicial proceeding for suspension of license. (1) A petition for suspension of a license may be commenced in the magistrate division of the district court of the county where the child support order or order for visitation was issued; and no filing fees s…

7-1406. Notice. Upon commencement of a proceeding for suspension of a license under this chapter, the petitioner shall also serve the licensee notice: (1) Of the licensee’s right to a hearing; (2) That the licensee has twenty-one (21) days after service to request a hearing; (3) …

7-1406A. good cause determination in license suspension proceedings. (1) A motor vehicle or occupational license suspension pursuant to this chapter shall be denied or stayed if the obligor proves that one (1) or more of the following conditions for good cause determination exist…

7-1407. Commencement of administrative proceeding by the department. The department shall commence an administrative proceeding to suspend a license by serving the licensee a notice that contains the information required for the petition and notice in sections 7-1405 and 7-1406, …

7-1408. Confirmation of nonlicensure. The petitioner or department shall notify the appropriate licensing authority of the commencement of a judicial or administrative proceeding to suspend a license. Notwithstanding any provision of the Idaho public records act, chapter 1, title…

7-1409. Hearing to contest suspension of license or licenses. (1) A request for a hearing shall be filed with the court or department by the licensee not later than twenty-one (21) days after the date of service of the notice. If a request for hearing is timely filed, the court o…

7-1410. Order suspending a license. (1) The court, licensing authority or department shall issue an order suspending a license unless: (a) After notice and hearing, the licensee is found to have paid the delinquency and the current month’s support in full, or complied with the su…

7-1410A. family law temporary restricted license. (1) This section applies to a licensee whose driver’s license would otherwise be valid if not for a family law license suspension ordered by a court, licensing authority, or the department pursuant to section 7-1410, Idaho Code. F…

7-1411. Default. The court or department shall deem the allegations of the petition or notice to be admitted and shall issue an order suspending a license if the licensee fails to make a timely request for a hearing or fails to appear at a hearing without good cause. The entry of…

7-1412. Action by licensing authority. (1) On receipt of a final order suspending a license, the licensing authority shall summarily suspend the license effective the date the order became final, without additional review or hearing. (2) A licensing authority may not review, vaca…

7-1413. Vacating or staying an order suspending a license. (1) Upon motion, a court shall issue an order vacating the suspension of a license due to nonpayment of child support if the licensee is found to have paid all current and delinquent child support, or shall stay the suspe…

7-1414. Proceeding to reinstate the suspension. (1) The obligee or department may file a motion with the court to lift the stay and reinstate the suspension of a license due to nonpayment of child support if the licensee does not maintain current support payments or fails to comp…

7-1415. Fees and penalties. A person who is the subject of a final order suspending a license is not entitled to a refund for any fee or deposit paid to the licensing authority. Pursuant to its statute and rules, a licensing authority may charge fees or impose penalties on a lice…

7-1416. Cooperation between licensing authorities and the department of health and welfare. (1) Notwithstanding any provision of the Idaho public records act, chapter 1, title 74, Idaho Code, or other statute or ordinance, upon request of the department a licensing authority shal…

7-1417. Final order of suspension. (1) A license suspension order issued by the court shall be final and conclusive between the parties unless an appeal is filed within twenty-eight (28) days. (2) A license suspension order issued by a hearing officer of the department shall be f…