| I Highlighted
in red the part of the law that states
you have to have a hearing and a court
date. Blue is my comment.
They can't just
take your license, although they did
mine, I was arrested for a suspended
license filed a motion challenging
the law, the judge agreed with me
that my license was taking not
following the proper procedures, Case was
dismissed, can you smell another suit,
I told the Agawam Police that
there must me some mistake and you
should investigate NO they have
a arrest Schebel first let him argue
it later.
Massachusetts
states that your license is a
privilege ok well then read the
14th Amendment which reads;
Section.
1. All persons born or naturalized
in the United States and subject to
the jurisdiction thereof, are citizens
of the United States and of the State
wherein they reside. NO State
shall MAKE or ENFORCE any LAW which
shall ABRIDGE THE PRIVILEGES or immunities
of citizens of the United States;
nor shall any State deprive any person
of life, liberty, or property, without
due process of law; nor deny to any
person within its jurisdiction the
equal protection of the laws.
I have
that Motion to Dismiss if someone
lost their license and needs some
help on it.
GENERAL
LAWS OF MASSACHUSETTS
PART I. ADMINISTRATION
OF THE GOVERNMENT
TITLE
XVII. PUBLIC WELFARE
CHAPTER
119A. CHILD SUPPORT ENFORCEMENT
Chapter 119A: Section
16 Revocation, suspension, nonissuance
or nonrenewal of licenses for failure
to provide support
Section
16. (a)(1) For purposes of this section,
the following words shall have the
following meanings:
""License'',
any license, permit, certificate,
registration, charter, authority or
any other form of permission required
by law for the operation or use of
property, the conduct of an activity
or the carrying on of a trade or business,
including, but not limited to, any
professional, trade, business, occupational,
commercial, recreational or sporting
license or permit, driver's license,
learner's permit, right to operate
a motor vehicle, or certificate of
motor vehicle registration.
""Licensing
authority'', any department, bureau,
authority, division, board, commission,
unit or other entity of the commonwealth,
any political subdivision or agency
thereof, or any city or town of the
commonwealth, which issues licenses.
""Final
determination of delinquency'', an
administrative finding by the IV-D
agency that an obligor owes a child
support arrearage that is subject
to a child support lien under section
6 or has failed to respond to a subpoena,
warrant or summons relating to a judicial
or administrative proceeding regarding
paternity or child support.
(2) Every
licensing authority shall collect
and maintain certain information,
including the name, date of birth,
address and social security number,
for each applicant for a license and
each individual to whom a license
is granted or renewed. Every licensing
authority shall provide to the IV-D
agency the name, date of birth, address,
social security number, federal identification
number and other information as the
IV-D agency may request regarding
an applicant for a license or an individual
to whom a license has been granted,
including requests by electronic data
matches. The agencies or entities
disclosing information to the IV-D
agency under this section shall furnish
such information using the method
and format required by the IV-D agency.
If the agency or entity making disclosure
is unable to furnish the information
using the method and format so required,
such agency or entity shall cooperate
with the IV-D agency to determine
another method or format by which
the information may be furnished.
(b) The
IV-D agency may notify in writing
an obligor who owes a child support
arrearage and is subject to a child
support lien pursuant to section 6
of this chapter or an obligor who
has failed to comply with a subpoena,
warrant (YOU MISSED A COURT DATE) or
summons (CONTEMPT OF COURT FILED BY
SOME ONE, DOR OR YOUR LOVELY EX)relating
to a judicial or administrative proceeding
regarding paternity or child support,(YOU
FIRST MUST BE BROUGHT INTO COURT BY
EITHER WARRANT, SUBPOEANA OR A SUMMONS) that
unless the obligor requests, within
30 days of the date of such notice,
a hearing before the department( YOU
HAVE A HEARING BEFORE THE REGISTRY),
the IV-D agency may issue a final
determination of delinquency and,
if the IV-D agency issues such final
determination, shall notify the licensing
authority to suspend, revoke or prohibit
issuance or renewal of the license
of the obligor. The provisions of
this section shall constitute the
sole administrative remedy for an
obligor to contest a final determination
of delinquency and the suspension,
revocation, nonissuance or nonrenewal
of the obligor's license.
(c) Notwithstanding
the provisions of sections 10 and
11 of chapter 30A, the department
shall provide a hearing upon request
by the obligor as provided in subsection
(b). If the obligor has been notified
that he owes a child support arrearage,
the obligor must establish at the
hearing that (1) no child support
arrearage exists, (2) the obligor
is not the individual owing the arrearage,
or (3) the obligor is complying with
a payment plan approved by the IV-D
agency. If the obligor has been notified
that he has failed to comply with
a subpoena, warrant or summons, the
obligor must establish at the hearing,
with respect to the subpoena, warrant
or summons, that he did comply, he
was not properly served, or the failure
to comply was due to reasonable cause.
If, after hearing, the department
finds that the obligor owes a child
support arrearage and is subject to
a child support lien or that the obligor
failed to comply with a subpoena,
warrant or summons relating to a judicial
or administrative proceeding regarding
paternity or child support and that
the obligor has failed to establish
any of the defenses provided herein,
the IV-D agency may issue a final
determination of child support delinquency
and, upon issuance of such final determination,
shall notify the licensing authority
to suspend, revoke or prohibit issuance
or renewal of the obligor's license.
(d) If
the obligor signs a payment plan approved
by the IV-D agency and thereafter
fails to make payments in accordance
with such plan and fails to show cause
for such failure by requesting a hearing
as provided by this section, the IV-D
agency may issue a final determination
of delinquency and, upon such issuance,
shall notify the licensing authority
to suspend, revoke or prohibit issuance
or renewal of the obligor's license.
(e)(1)
Notwithstanding section 14 of chapter
30A, within 45 days of the date of
the notice by the licensing authority
to the obligor of its action to suspend,
revoke or prohibit issuance or renewal
of the obligor's license, an individual
who contests a final determination
of delinquency by the IV-D agency,
upon exhaustion of administrative
remedies provided herein, may seek
judicial review in the court where
the child support order was issued,
or which has jurisdiction to register
the child support order, or which
issued the subpoena, warrant or summons;
provided, however, that a request
for judicial review shall be made
by filing a complaint against the
IV-D agency and not the licensing
authority and shall be accompanied
by a copy of the final determination
of delinquency of the IV-D agency.
Upon receipt of the request for judicial
review, the court shall notify the
IV-D agency at least 14 days prior
to any hearing. Such judicial review
shall constitute the exclusive remedy
for individuals who contest a final
determination of delinquency as adopted
or acted upon by the licensing authority
under this section; provided, however,
that such review shall not limit an
individual's right to appeal from
the decision of the court.
(2)(A)
In the case of an obligor who is subject
to a determination of delinquency
by the IV-D agency on the basis of
a child support arrearage, if the
reviewing court finds that no child
support arrearage exists, or that
the obligor is not the individual
owing the arrearage, or that the obligor
is complying with a payment plan approved
by the IV-D agency, the reviewing
court shall order the IV-D agency
to immediately notify the licensing
authority or authorities to reinstate,
issue or renew the license or licenses
of the obligor. The court also may
order reinstatement, issuance or renewal
of a license of such an obligor who
is not intentionally unemployed and
who is complying with an employment
search supervised by the court. In
the case of an obligor who is subject
to a determination of delinquency
by the IV-D agency on the basis of
his failure to comply with a subpoena,
warrant or summons, if the reviewing
court finds with respect to the subpoena,
warrant or summons, that the obligor
(1) did comply, (2) was not properly
served, or (3) failed to comply due
to reasonable cause, the reviewing
court shall order the IV-D agency
to notify the licensing authority
to reinstate, issue or renew the obligor's
license, (4) any other defenses permitted
by a court necessary for adjudication.
(B) The
licensing authority shall reinstate,
issue or renew the license of the
obligor upon receipt of notice from
the reviewing court or the IV-D agency
if the obligor is otherwise entitled
thereto.
(f) If
an obligor whose license has been
suspended, revoked or prohibited from
being issued or renewed thereafter
pays his child support arrearage in
full, or complies with a payment plan
with the IV-D agency, or complies
with the subpoena, warrant or summons
which was the basis for the final
determination of delinquency, the
IV-D agency shall notify the licensing
authority that it shall reinstate,
issue or renew the license of the
obligor if the obligor is otherwise
entitled thereto.
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