2009 Rhode Island Code
Title 44 - Taxation
CHAPTER 44-30.1 - Setoff of Refund of Personal Income Tax
§ 44-30.1-5 - Hearing procedures.

SECTION 44-30.1-5

   § 44-30.1-5  Hearing procedures. – (a) If the claimant agency receives written application pursuant to § 44-30.1-4(b) contesting the setoff or the delinquent court costs, fines or restitution or the past-due support or benefit overpayments and interest owed or the obligation owed upon which the setoff is based, it shall grant a hearing to the applicant in accordance with chapter 35 of title 42, "Administrative Procedure".

   (b) Appeals from the administrative decisions made by the claimant agency shall be in accordance with chapter 35 of title 42, "Administrative Procedures". Appeals contesting the setoff of past due support shall be to the family court of Providence County.

   (c) In those cases where Rhode Island higher education assistance authority (RIHEAA) acts as agent for the United States Department of Education or other out-of-state agencies, RIHEAA must obtain appropriate documentation of the obligation owed such as promissory notes, evidence of guarantees paid and any other items that may be necessary to conduct a fair hearing. RIHEAA as agent for other states shall negotiate appropriate reciprocal agreements with those states for purposes of transferring funds and setting charges for cost of services.

   (d) In those cases where the Rhode Island Student Loan Authority (RISLA) is the claimant either for itself or as agent for another out-of-state education loan agency, RISLA must obtain appropriate documentation of the obligation owed such as promissory notes, and any other items that may be necessary to conduct a fair hearing. RISLA as agent for other states or agencies shall negotiate appropriate reciprocal agreements with those states and agencies for purposes of transferring funds and setting charges for cost of services.