Vermont § 5936 - Hearing procedure

§ 5936. Hearing procedure

• (a) If a debtor applies in writing for a hearing before a claimant agency within 30 days
  of the date of mailing of the notice described in subsection 5934(c) of this chapter,
  the claimant agency shall conduct a hearing to determine the validity and amount of
  debt owed by the debtor. The hearing shall be held in accordance with 3 V.S.A. §§ 809 through 813. (b) The final determination of any claimant agency regarding the validity and amount of
  any debt may be appealed within 30 days to the Civil Division of the Superior Court
  of the unit in which the taxpayer resides, except that if the claimant agency is the
  Office of Child Support, the appeal shall be to the Family Division of the Superior
  Court. Upon appeal, the provisions of the Vermont Rules of Civil Procedure or the
  Vermont Rules for Family Proceedings, as appropriate, shall apply, and the court shall
  proceed de novo to determine the debt owed. (c) Upon conclusion of the hearings and appeals granted under this section, and upon notification
  by the Commissioner of the result of any appeal under section 5935 of this chapter,
  a claimant agency shall notify each taxpayer whose refund is set off that a final
  setoff has occurred. The notice shall include the amount of refund transferred to
  the claimant agency, the amount of debt finally determined to be owed to the claimant
  agency, the amount of refund, if any, returned to a non-debtor spouse, and the amount
  of any outstanding balance due the debtor after final setoff. The claimant agency
  shall disburse any outstanding balance due the debtor along with the notice of the
  final setoff. (Added 1981, No. 228 (Adj. Sess.), § 1, eff. May 4, 1982; amended 1997, No. 63, § 20, eff. Sept. 1, 1997; 2009, No. 154 (Adj. Sess.), § 217.)