Stay of Action

Stay of Action. (a) If the non-custodial parent petitions for an administrative hearing within twenty (20) days of service of the notice of proposed action, the Office shall stay action to certify the non-custodial parent to any licensing body for noncompliance with a court order of support, until thirty (30) days after the Office serves a decision after hearing that finds the absent parent is in non-compliance with the order of support. (b) If payment on arrears has not been established or modified, the Office shall stay action to certify a non-custodial parent to a licensing body for noncompliance with a court order of support for ninety (90) days if the non-custodial parent files with the court and serves on the Office, within twenty (20) days of the date the notice of proposed action is served on the non-custodial parent, a motion to: (1) establish payments on an arrearage for which no payments have been ordered; or (2) modify an order for payments on an arrearage so as to encompass arrears for which no payment has theretofore been ordered, or to modify an existing order for payments on the arrearage. (c) If non-custodial parent files appeal of the hearing officer’s decision under 8 CMC § 12108 in accordance with the Administrative Procedure Act, 1 CMC §§ 9101–9115, the Office shall stay action to certify the non-custodial parent to a licensing body for non-compliance with a court order of support until the court renders its decision. Source: PL 20-47 § 3 (Mar. 16, 2018), modified. Commission Comment: The Commission changed “noncustodial” to “non-custodial” in (b) and changed “9101-9115” to “9101–9115” in (c) pursuant to 1 CMC § 3806(g). The Commission changed “§ 12108 of this chapter” to “8 CMC § 12108” in (c) pursuant to 1 CMC § 3806(d).