SECTION 107.2. Effect of Child Support Payment Default on Licensure Status, Application, and Renewal

(a) "License" means a license, certificate, registration, permit, or other authorization issued by the Board.

(b) Effect of Child Support Payment Default on Licensure Status

(1) The licensure status of a licensee is subject to the course of action established by the Texas Family Code, §232.011.

(2) On receipt of a final order suspending a license issued by the Board to an individual, the Board shall immediately record the suspension of the licensee in the Board's records.

(3) The Board shall implement the terms of the final order suspending license without additional review or hearing. The Board may provide notice as appropriate to the license holder.

(4) The Board may not modify, remand, reverse, vacate, or stay an order suspending license and may not review, vacate, or reconsider the terms of a final order suspending license.

(5) An individual who is the subject of a final order suspending license is not entitled to a refund for any fee or paid to the Board.

(6) An individual who continues to engage in the practice of dentistry or any licensed activity after the implementation of the order suspending license by the Board is liable for the same civil and criminal penalties provided for engaging in the licensed activity without a license or while a license is suspended that apply to any other license holder of the Board.

(7) The Board is exempt from liability to a license holder for any act authorized under Family Code, Chapter 232 performed by the Board.

(8) Except as provided by Family Code, Chapter 232, an order suspending license or dismissing a petition for the suspension of a license does not affect the power of the Board to grant, deny, suspend, revoke, terminate, or renew a license otherwise.

(9) An order issued under this chapter to suspend a license applies to each license issued by the licensing authority subject to the order for which the obligor is eligible. The licensing authority may not issue or renew any other license for the obligor until an order vacating or staying an order suspending license is rendered.

(c) Effect of Child Support Payment Default on Licensure Application and Renewal

(1) Initial applications and applications for renewal of licenses issued by the board are subject to the course of action established by the Texas Family Code, §232.0135.

(2) Upon notice from another agency that an obligor has failed to pay child support for six months or more, the Board shall refuse to grant initial licensure or renewal of an existing license to an obligor until the Board is notified by the other agency that the obligor has:

(A) paid all child support arrearages;

(B) made an immediate payment of not less than $200 toward child support arrearages owed and established with the other agency a satisfactory repayment schedule for the remainder or is in compliance with a court order for payment of the arrearages;

(C) been granted an exemption from this subsection as part of a court-supervised plan to improve the obligor's earnings and child support payments; or

(D) successfully contested the denial before the child support agency in accordance with Texas Family Code, §232.0135(d).

(d) The Board may charge a fee to a licensee who is the subject of an order suspending license or of an action of another agency under Texas Family Code, §232.0135 to deny issuance or renewal of license in an amount sufficient to recover the administrative costs incurred by the Board.

Source Note: The provisions of this §107.2 adopted to be effective December 16, 2012, 37 TexReg 9635; amended to be effective December 10, 2013, 38 TexReg 8830