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Summary of Notification and Appeals Process <br />Setoff Debt Collection Notice Requirements and Hearing Procedure <br />(N. C. G.S. 105 A-S) <br /> <br />Rev. 11/22/02 <br /> <br />A local agency may not submit a debt for setoff collection until the local agency has given notice to the <br />debtor, given the debtor an opportunity to be heard and the claim has been finally determined. <br /> <br />The local agency must send written notice (Note: see "Sample debtor notification letter attached") to <br />the debtor that the local agency intends to submit the debt owed by the debtor for collection by setoff. <br /> <br />The Notice must: <br />a. Explain the basis for the agency's claim to the debt; <br />b. Inform the debtor that the agency intends to apply the debtor's tax refund against the debt; <br />c. Inform the debtor that a collection assistance fee of $15 will be added to the debt if it is <br /> submitted for setoff; <br />d. Inform the debtor that the debtor has tigh[ to contest the matter by filing a request for a hearing <br /> with the local agency; <br />e. Inform the debtor that the debtor has 30 days (after the date the local agency mailed the notice <br /> of the proposed action to the debtor) to file a written request for a hearing with the local <br /> agency; <br />f. Inform the debtor that a decision made after a heating must determine whether a debt is owed to <br /> the local agency and the amount of the debt; <br />g. Inform the debtor that a request for a hearing is considered to be filed when it is delivered for <br /> mailing with postage prepaid and properly addressed; and <br />h. Inform the debtor that failure to request a hearing within the required time will result in setoff of <br /> the debt against the debtor's tax refund. <br /> <br />4. Notice of Heating after Request by Debtor (Note: see '.'Sample Debtor Notice of Hearing") <br /> <br />ao <br /> <br />Inform the debtor of the time, date and the place for the hearing. <br />Inform the debtor who will hear the challenge <br />Provide the debtor with a pre-hearing contact person <br />Inform the debtor that after the heating, the local agencY will mail to the debtor's last known <br />address, a written decision as to whether the debt is owed and the amount; <br /> <br />5. Post Hearing Procedure (Note: see "Sample Post Hearing Notification Letter") <br /> <br />Co <br /> <br />de <br /> <br />Advise the debtor of the hearing decision <br />Inform the debtor that if the debtor disagrees with the decision of the governing body or the <br />person designated by the governing body to hold the requested hearing, the debtor may file a <br />petition for a contested case under Article 3 of C~apter 150B of the General Statutes (the <br />Administrative Procedure Act); and <br />Inform the debtor that the petition for a contested case must be filed within 30 days after the <br />debtor receives a copy of the local decision. <br />Note: While the statute does not require it, you should send this notification letter by <br />certified mail return receipt requested since the appeal time runs from the date the debtor <br />receives notification of the decision. Common sense dictates that you need a record of this. <br /> <br /> <br />