Section 5

Act 62 of 1993, § 5, under DOMESTIC RELATIONS (23PA.C.S.) - OMNIBUS AMENDMENT.

Act 62 of 1993, § 5

Section 5. Title 23 is amended by adding a section to read:

§ 4355. Denial or suspension of license to engage in

remunerative employment.

(a) General rule.--Where the domestic relations section has been unable to attach the income of an obligor pursuant to section 4348 (relating to attachment of income) and the obligor owes support in an amount equal to or greater than three months of the monthly support obligation, the court shall issue an order directing any licensing authority to:

(1) prohibit the issuance or renewal of a license of the

obligor; or

(2) require the suspension of the license of the

obligor.

(b) Notice to obligor.--

(1) Prior to the issuance of an order to suspend,

nonrenew or deny a license, the court shall send written

notice to the obligor. The notice shall specify:

(i) The amount of arrears owed.

(ii) How, when and where the notice can be

contested.

(iii) That the grounds for contesting the notice

shall be limited to mistakes of fact. Mistakes of fact

shall be limited to errors in the amount of arrears owed

or mistaken identity of the obligor.

(iv) That an order to the licensing authority to

automatically suspend, nonrenew or deny the license will

occur in all cases 30 days after issuance of the notice

unless the arrearage is paid or a periodic payment

schedule is approved by the court.

(2) If the obligor is a member of the bar and has an

attorney's license issued by the Supreme Court of

Pennsylvania, the court shall send written notice to the

disciplinary board of the Supreme Court so that appropriate

action may be taken.

(c) Order.--

(1) Thirty days after the issuance of the notice, if the

obligor has not paid the arrearage or entered into a court-

approved periodic payment schedule, the court shall cause an

order to be issued to the licensing authority to suspend or

deny the issuance or renewal of a license. Upon receipt, the

licensing authority shall immediately comply with the order.

(2) An order providing for a periodic payment schedule

shall also provide that failure to comply with the schedule

shall result in the immediate suspension, nonrenewal or

denial of the obligor's license.

(3) To contest the order, the obligor must appear before

the domestic relations section not later than ten days after

issuance of the order. The grounds for contesting shall be

limited to mistakes of fact. If, as determined by the

domestic relations section, a mistake of fact has occurred,

the action shall be modified accordingly within ten days.

(d) Reinstatement or issuance of license.--Where the court has issued an order pursuant to subsection (c) and the obligor has satisfied the arrearage, the court shall order the licensing authority to reinstate or issue the license to the obligor. Upon receipt of the order, the licensing authority shall reinstate or issue the license immediately, provided that the obligor meets any and all other requirements for issuance or reinstatement.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"License." A license, certificate, permit or other authorization to engage in a profession, trade or business in this Commonwealth or a political subdivision or agency thereof.

"Licensing authority." Any entity of the Commonwealth, political subdivision or agency thereof which issues a license.