Ariz. Admin. Code § 6-1-202

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-1-202 - Request for Review of Debt Setoff

A. A Debtor who has had all or part of their debt set off pursuant to A.R.S. §§ 5-575 or 42-1122 may file a request for review of the setoff.

B. To be considered by the Department, the request for review shall:

1. Be in writing;

2. Be received by the Department office that set off the debt, at the address indicated on the notice of debt setoff no later than 30 days after the date of the notice of debt setoff;

3. List any prior judicial or administrative proceedings regarding the debt;

4. Set forth, with specificity, all reasons why the setoff is inaccurate or improper;

5. Be signed by the Debtor or the Debtor's authorized representative; and

6. Include an attached complete copy of the notice of debt setoff from which review is sought.

C. As used in this Section, the date of the notice of debt setoff shall be the following dates, as applicable to the Debtor:

1. The date that the State Lottery Office gives the Debtor a written statement of winnings indicating the amount of the setoff; or

2. The mailing date of the written notice generated by the Department, advising the Debtor of the setoff.

D. Notwithstanding subsection (B), the Department may consider a timely request for review which does not include all the documentation listed in subsection (B) if:

1. The Debtor has good cause for failing to provide the information, and

2. The lack of information does not substantially prejudice the Department's ability to evaluate the request.

Ariz. Admin. Code § R6-1-202

Renumbered from R6-1-201(B)(2) through (C) and amended effective December 22, 1993 (Supp. 93-4). Amended by final rulemaking at 24 A.A.R. 1415, effective 6/19/2018.