PARRIS N. GLENDENING, Governor

Ch. 31

(2) THE CENTRAL COLLECTION UNIT SHALL MAKE A WRITTEN
DETERMINATION WITHIN 15 CALENDAR DAYS AFTER IT RECEIVES A REQUEST FOR
INVESTIGATION FROM THE DEBTOR.

(3) IF THE CENTRAL COLLECTION UNIT DETERMINES THAT A
REFERRAL OR CERTIFICATION IS IN ERROR, IT SHALL, AS APPROPRIATE:

(I) CORRECT THE REFERRAL OR CERTIFICATION;

(II) DISCONTINUE CERTIFICATION PROCEDURES; OR

(III) PROMPTLY REMIT TO THE DEBTOR ANY AMOUNTS THAT HAVE
BEEN IMPROPERLY WITHHELD.

REVISOR'S NOTE: Subsection (a) of this section is new language added to state
expressly that which formerly was only implied under former Art. 19, § 45(a)
and (b), that a debtor has the right to request an investigation of a debt, both
before certification of the debt to the Comptroller for withholding and within
30 days after notification from the Comptroller that a debt has been withheld.
Subsection (b) of this section is new language derived without substantive
change from former Art. 19, § 45(b).

13-917. HEARING; APPEAL.
(A) HEARING.

(1) AFTER ITS INVESTIGATION, IF THE CENTRAL COLLECTION UNIT
MAKES A DETERMINATION ADVERSE TO THE DEBTOR, IT SHALL PROMPTLY ADVISE
THE DEBTOR OF THE DEBTOR'S RIGHT TO REQUEST A HEARING ON UNRESOLVED
FACTUAL ISSUES BEFORE THE CENTRAL COLLECTION UNIT IN ACCORDANCE WITH
THE ADMINISTRATIVE PROCEDURE ACT.

(2) EXCEPT FOR GOOD CAUSE SHOWN, A REQUEST FOR A HEARING
BEFORE THE CENTRAL COLLECTION UNIT MUST BE MADE WITHIN 30 DAYS AFTER
THE DATE OF NOTIFICATION OF THE DEBTOR OF AN ADVERSE DETERMINATION BY
THE CENTRAL COLLECTION UNIT FOLLOWING AN INVESTIGATION.

(3) THE STATE AGENCY THAT REFERRED THE DEBT TO THE CENTRAL
COLLECTION UNIT MAY BE MADE A PARTY IN ANY HEARING BEFORE THE CENTRAL
COLLECTION UNIT.

(4) AN ISSUE MAY NOT BE CONSIDERED AT THE HEARING THAT HAS
BEEN PREVIOUSLY LITIGATED.

(5) WITHIN 15 DAYS AFTER RECEIPT OF A TIMELY OR OTHERWISE
PROPER REQUEST FOR A HEARING UNDER THIS SUBSECTION, THE DEBTOR SHALL
BE NOTIFIED OF THE DATE OF THE HEARING.

(6) AFTER A HEARING, IF THE CENTRAL COLLECTION UNIT
DETERMINES THAT A CERTIFICATION OR REFERRAL IS IN ERROR, IT SHALL TAKE
APPROPRIATE ACTION AS DESCRIBED IN § 13-916(B)(3) OF THIS SUBTITLE.

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