Rhode Island General Laws 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 or restitution or the past-due support or benefit overpayments and interest owed or the obligation owed upon which the setoff is based, it shall grant a hearing to the applicant in accordance with chapter 35 of Title 42, “Administrative Procedure.”
Terms Used In Rhode Island General Laws 44-30.1-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
(b) Appeals from the administrative decisions made by the claimant agency shall be in accordance with chapter 35 of Title 42, “Administrative Procedures.” Appeals contesting the setoff of past due support shall be to the family court of Providence County.
(c) In those cases where the Rhode Island division of higher education assistance acts as agent for the United States Department of Education or other out-of-state agencies, the Rhode Island division of higher education assistance must obtain appropriate documentation of the obligation owed such as promissory notes, evidence of guarantees paid and any other items that may be necessary to conduct a fair hearing. The Rhode Island division of higher education assistance as agent for other states shall negotiate appropriate reciprocal agreements with those states for purposes of transferring funds and setting charges for cost of services.
(d) In those cases where the Rhode Island Student Loan Authority (RISLA) is the claimant either for itself or as agent for another out-of-state education loan agency, RISLA must obtain appropriate documentation of the obligation owed such as promissory notes, and any other items that may be necessary to conduct a fair hearing. RISLA as agent for other states or agencies shall negotiate appropriate reciprocal agreements with those states and agencies for purposes of transferring funds and setting charges for cost of services.
History of Section.
P.L. 1982, ch. 111, § 1; P.L. 1983, ch. 102, § 2; P.L. 1984, ch. 83, § 1; P.L. 1984, ch. 167, § 2; P.L. 1986, ch. 126, § 1; P.L. 1988, ch. 208, § 4; P.L. 1999, ch. 170, § 2; P.L. 2009, ch. 318, § 1; P.L. 2015, ch. 141, art. 7, § 21.