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When a State of Kansas payment is processed and matched against a debt, the debtor receives a Notice of Intent (NOI) letter that provides information regarding all debts that the payment is eligible to be applied to. Included in the NOI is information that the debtor has the right to appeal, and to request an administrative hearing. If the debtor chooses to appeal, they must send a letter to the Setoff Program stating their desire to appeal. The appeal request must be submitted to the Setoff Program at PO Box 2713, Topeka, KS 66601, within 15 days of the date of the NOI. If the debtor fails to appeal within the 15 day period, it will be viewed as a relinquishment of the opportunity to challenge the validity of the debt.

When the Setoff …show more content…
Both parties must mail all supporting documentation that will be presented as evidence at the hearing to OAH at 1020 S Kansas, Topeka, KS 66612, at least seven days prior to the date of the hearing. Copies of all supporting documents must also be mailed to the opposing party. These documents must be sent to OAH prior to the scheduled hearing otherwise the documents will not become part of the record.

A representative must appear at the hearing on behalf of the creditor agency. If the creditor agency fails to attend or participate in the hearing, the Setoff Program will bill the creditor agency for all hearing fees assessed by OAH.

After the hearing, OAH will send the debtor and creditor agency a copy of the OAH initial order with the findings and conclusion of the hearing. If OAH issues a ruling, OAH also informs both parties that either of them can appeal the ruling by submitting a written request within 30 days. After 30 days, if neither party appeals the OAH ruling, OAH will then notify Setoff Program of the ruling. The Setoff Program will then change the appeal status in KDRS to Formal Resolution status. If the amount of the debt should be decertified or adjusted, Setoff Program will post the debt adjustment in KDRS. If the debtor is due a refund, the Setoff Program will process the refund to the

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