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
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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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