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RHODE ISLAND STATUTES AND CODES

§ 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 orrestitution or the past-due support or benefit overpayments and interest owedor the obligation owed upon which the setoff is based, it shall grant a hearingto the applicant in accordance with chapter 35 of title 42, "AdministrativeProcedure".

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

   (c) In those cases where Rhode Island higher educationassistance authority (RIHEAA) acts as agent for the United States Department ofEducation or other out-of-state agencies, RIHEAA must obtain appropriatedocumentation of the obligation owed such as promissory notes, evidence ofguarantees paid and any other items that may be necessary to conduct a fairhearing. RIHEAA as agent for other states shall negotiate appropriatereciprocal agreements with those states for purposes of transferring funds andsetting charges for cost of services.

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

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