§ 15-21-3 - Notice.
SECTION 15-21-3
§ 15-21-3 Notice. – (a) Notice. When the department of administration, division of taxation,child support enforcement, determines that child support is unpaid, it shallsend written notice of intent to lien to the obligor by first class mail at hisor her most recent address of record.
(2) The notice of intent shall specify the amount unpaid asof the date of the notice or other date certain and the obligor's right torequest a hearing by filing a written request with the department within thirty(30) days of the date of the notice. The notice shall identify the property,real or personal, which is subject to the lien. In addition, the notice shall:
(i) State that the obligor has the right to a hearing on theissue of whether, and how much, child support is unpaid, and that the obligormay request a hearing within thirty (30) days of the date of the notice. Thenotice shall explain the procedure for requesting a hearing. If the obligorrequests a hearing, the administrator or his or her designee shall conduct thehearing expeditiously and the department shall not conduct further lienenforcement action until the director or his or her designee makes a finaldetermination that the obligor is in arrears in the payment of a child supportobligation.
(ii) State that certain property and funds, whether in cashor in bank accounts, may be from a lien exempt by law. The notice shall includea list of appropriate exemptions.
(iii) Inform the obligor of the right to claim that part orall of the funds subject to the lien that may be exempt by law and provide theobligor with the opportunity to have an immediate hearing on the exemptionissue. The notice shall explain the procedure for requesting an exemptionhearing, and provide the obligor thirty (30) days from the date of the noticeof intent to lien in which to do so. Hearing procedures must include a methodfor requesting a hearing in person, by mail or by telephone.
(b) Exemption hearings. The department shall scheduleand conduct the exemption hearing promptly. The department shall issue awritten decision making specific findings of an obligor's exemption claim(s),and, if it finds part or all of the funds held by the financial institution orother similar organization to be exempt, shall promptly notify that institutionor organization of its determination.
(c) Effect of notice. The notice of intent to liendirected to any financial institution, or other similar institution ororganization, shall operate as a hold on any and all accounts specified in thenotice. Neither the obligor or non obligor joint owner shall be permitted towithdraw from those accounts until the earlier of:
(1) The date of the decision in obligor's favor with regardto exemptions; or
(2) Until the administrative hearing and/or judicial processas described in this chapter, is completed and a determination is made.
(d) Recording of notice. If the property subject tothe lien is real property or personal property, the title to which ismaintained as a public record, the department may record a copy of the noticeof intent to lien in the recorder of deeds, division of motor vehicles, orother place where the title to the property is recorded. Any person takingtitle to the property subsequent to the recording does so subject to theinterest of the department, as it may be determined. The notice of intent shallbe recorded no more than ten (10) days prior to the mailing of the notice tothe obligor under subsection (a) of this section.
[See § 12-1-15 of the General Laws.]