§ 26-36-309 - Notification of debtor. - Arkansas Statutes

26-36-309. Notification of debtor.

(a) The claimant agency shall provide written notice to the debtor whose debt has been certified to the division of its intention to intercept the debtor's tax refund.

(b) (1) The contents of the written notification to the debtor and the division's copy of the setoff claim shall clearly set forth:

(A) The basis for the claim to the refund;

(B) The intention to apply the refund against the debt to the claimant agency;

(C) The debtor's opportunity to give written notice of intent to contest the validity of the claim before the claimant agency within thirty (30) days of the date of the mailing of the notice;

(D) The mailing address to which the application for a hearing must be sent; and

(E) The fact that failure to apply for a hearing in writing within the thirty-day period will be deemed a waiver of the opportunity to contest the claim causing final setoff by default.

(2) The notification form shall be approved by the Director of the Department of Finance and Administration.

(c) The written application by the debtor for a hearing shall be effective upon mailing the application postage prepaid and properly addressed to the claimant agency.