from the District Court of Ward County, North Central
Judicial District, the Honorable Richard L. Hagar, Judge.
K. Keller, Bismarck, ND, for plaintiff and appellee;
submitted on brief.
D. Rose, Minot, ND, defendant and appellant; submitted on
Joshua Rose appeals from a district court order denying his
request for a court hearing after the Child Support Division
of the Department of Human Services ("State")
suspended his drivers license for failure to comply with a
child support payment plan. We reverse and remand for the
court to hold a hearing required by N.D.C.C. §
After falling into arrears on his court-ordered child support
obligation, the State suspended Rose's drivers license.
Rose requested a court hearing to challenge the suspension.
In State v. Rose, 2018 ND 195, ¶¶ 1, 9,
916 N.W.2d 779, we vacated a district court order denying his
motion to reinstate his license because Rose's untimely
request for a court hearing under N.D.C.C. §
50-09-08.6(5) divested the court of jurisdiction to rule on
In November 2018, Rose entered into a child support payment
plan with the State which lifted his drivers license
suspension. The payment plan required Rose to make a $1, 000
down payment and pay $836 per month for his current child
support obligation and $167.20 per month for his arrears.
Rose stopped paying his child support obligation after
December 31, 2018. Following Rose's failure to comply
with the payment plan, the State resuspended his drivers
license. Rose requested a hearing in the district court and
asked to appear telephonically to contest the license
suspension. The court denied the motion on May 17, 2019,
reasoning Rose "has failed to show any statutory, or
procedural, basis for granting his requests."
Rose argues the district court erred in refusing to grant him
a hearing. The State "acknowledges that a remand to the
trial court is appropriate in this case for a hearing to be
held." We agree.
At the relevant time period, N.D.C.C. § 50-09-08.6,
provided in part:
4. Upon notice to the licensee, the state agency may
withhold, restrict, or suspend a license under subdivision c
of subsection 2 at any time if the licensee fails to comply
with a payment plan negotiated under this section. A copy of
the state agency's order to withhold, restrict, or
suspend a license must be sent to the licensee by first-class
mail to the licensee's last-known address. The order must
state that the licensee may contest the action of the state
agency by making a written request for a court hearing under
subsection 5 within ten days of the date of the order.
5. A request for a hearing under this section must be made to
the court that issued or considered the child support order.
If a child support order was issued by a court or
administrative tribunal in another jurisdiction, the request
may be made to any court of this state which has jurisdiction
to enforce that order or, if no court of this state has
jurisdiction to enforce that order, in any court of this
state with jurisdiction over the licensee.
6. In a contest under this section, the court must affirm the
action of the state agency to withhold, restrict, or suspend
a license unless it finds that the licensee's delinquency
or failure to comply with a subpoena, or an existing payment
plan was not willful. Upon a showing by the state agency that
the licensee has failed to comply with a subpoena, is listed
on the arrears registry, or is not in compliance with an
existing payment plan between the licensee and the state