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 Department shall stay action to certify the non-custodial parent to any licensing body for non-compliance with a court order of support, until thirty

(30)days after the Department 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 in the previous two

(2)years, the Department shall stay action to certify a non-custodial parent to a licensing body for non-compliance with a court order of support for ninety

(90)days if the non-custodial parent files with the court and serves on the Department, within twenty

(20)days of the date the notice of proposed action is served on the noncustodial 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 § 34208 of this chapter in accordance with the Administrative Adjudication Law, 5 GCA §§ 9100-9241, the Department 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.