1998 Minnesota Statutes

     270A.08 Notice and hearing required. 

    Subdivision 1.    Notice to debtor.  Not later than five 
 days after the claimant agency has sent notification to the 
 department pursuant to section 270A.07, subdivision 1, the 
 claimant agency shall send a written notification to the debtor 
 asserting the right of the claimant agency to the refund or any 
 part thereof.  If the notice is returned to the claimant agency 
 as undeliverable, or the claimant agency has reason to believe 
 the debtor did not receive the notice, the claimant agency shall 
 obtain the current address of the debtor from the commissioner 
 and resend the corrected notice.  

    Subd. 2.    Requirements of notice.  (a) This written 
 notice shall clearly and with specificity set forth the basis 
 for the claim to the refund including the name of the benefit 
 program involved if the debt arises from a public assistance 
 grant and the dates on which the debt was incurred and, further, 
 shall advise the debtor of the claimant agency's intention to 
 request setoff of the refund against the debt.  

    (b) The notice will also advise the debtor that the debt 
 can be setoff against a refund unless the time period allowed by 
 law for collecting the debt has expired, and will advise the 
 debtor of the right to contest the validity of the claim at a 
 hearing.  The debtor must assert this right by written request 
 to the claimant agency, which request the agency must receive 
 within 45 days of the mailing date of the original notice or of 
 the corrected notice, as required by subdivision 1.  If the 
 debtor has not received the notice, the 45 days shall not 
 commence until the debtor has received actual notice.  The 
 debtor shall have the burden of showing no notice and shall be 
 entitled to a hearing on the issue of notice as well as on the 
 merits. 

    HIST: 1980 c 607 art 12 s 8; 1984 c 502 art 14 s 5,6; 1986 c 
 444; 1990 c 480 art 10 s 6; 1991 c 292 art 5 s 72; 1992 c 511 
 art 7 s 7