Common use of Due Process & Notification Clause in Contracts

Due Process & Notification. (a) Before submitting a debt to IOC for State payment offset, the local unit must comply with all of the notification requirements of this Agreement. For purposes of this Agreement, notification of an account or claim eligible to be offset shall occur when the local unit submits to IOC the following information: (i) the name and address and/or another unique identifier of the person against whom the claim exists; (ii) the amount of the claim then due and payable to the local unit; (iii) the reason why there is an amount due to the local unit (i.e., tax liability, overpayment, etc.); (iv) the time period to which the claim is attributable; (v) the local entity to which the debt is owed; (vi) a description of the type of notification has been given to the person against whom the claim exists and the type of opportunity to be heard afforded to such a person; (vii) a statement as to the outcome of any hearings or other proceedings held to establish the debt, or a statement that no hearing was requested; and, (viii) the date of final determination of the debt. (b) IOC will not process a claim under the Agreement until notification has been received from the local unit that the debt has been established through notice and opportunity to be heard. (c) The local unit is required to provide the debtor with information about a procedure to challenge the existence, amount, and current collectability of the debt prior to the submission of a claim to IOC for entry into the System. The decision resulting from the utilization of this procedure must be reviewable.