9-1308. Contested claims; procedure.
203 words·~1 min read·
/ne/chapter-9/9-1308A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)(a) A written request by an obligor pursuant to subsection
(1)of section 9-1307 shall be effective upon mailing the request, postage prepaid and properly addressed, to the applicable department to which the outstanding state liability is owed.
(b)Any appeal or action taken as a result of a decision pursuant to subdivision (1)(a) of this section shall be in accordance with the Administrative Procedure Act.
(2)(a) A written request for a hearing by an obligor pursuant to subsection
(2)of section 9-1307 shall be effective upon mailing the request, postage prepaid and properly addressed, to the Department of Health and Human Services.
(b)If the Department of Health and Human Services receives a written request for a hearing contesting a claim, the department shall grant a hearing to the obligor to determine whether the claim is valid. If the amount asserted as due and owing is not correct, an adjustment to the claimed amount shall be made. No issues shall be reconsidered at the hearing which have been previously litigated.
(c)Any appeal of an action taken at or as a result of a hearing held pursuant to subdivision (2)(b) of this section shall be in accordance with the Administrative Procedure Act.