Ariz. Admin. Code § 6-1-203

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-1-203 - Departmental Review of Debt Setoff

A. The Director of the Department shall appoint representatives who shall conduct the review in accordance with A.R.S. §§ 5-575 or 1 42-1122, as applicable, and in a manner that will observe the substantial rights of the Debtor.

B. Unless otherwise prohibited by law, the Department may correct clerical errors that have occurred in the administration of the debt setoff.

C. In reviewing the debt setoff, the Department shall consider all relevant evidence, including, without limitation, evidence submitted by the Debtor and the documents and records in the Department's files.

D. The Department may dispose of a request for review by:

1. Dismissal, if the Debtor fails to comply with R6-1-202;

2. Withdrawal, if the Debtor withdraws the request for review in writing at any time before the Department issues a decision; or

3. Decision.

E. Every review decision shall be in writing and shall be mailed to the last known address of the Debtor or the Debtor's authorized representative.

F. The Department's decision is final unless the debtor files a petition for judicial review with the Superior Court within 35 days of the date the decision is mailed to the debtor as provided in A.R.S. § 12-904. A debtor who files a petition for review shall mail a copy to the Department office which issued the decision.

Ariz. Admin. Code § R6-1-203

Adopted by final rulemaking at 24 A.A.R. 1415, effective 6/19/2018.