Section 481.75.7. Issuing notices.

The divestiture unit shall issue a notice establishing and demanding payments of an accrued or accruing debt due and owing to the department of human services. The notice shall be served upon the transferee in accordance with the rules of civil procedure. The notice shall include all of the following:

       75.7(1)  Amount of debt. The amount of medical assistance provided to the transferor to date which creates the debt.

       75.7(2)  Computation of debt. A computation of the debt due and owing.

       75.7(3)  Demand for payment. A demand for immediate payment of the debt.

       75.7(4)  Request for informal conference.

        a.           A statement that if the transferee desires to discuss the notice, the transferee, within 10 days after being served, may contact the department and request an informal conference.

        b.           A statement that if a conference is requested, the transferee has until 10 days after the date set for the conference or until 20 days after the date of service of the original notice, whichever is later, to send a written request to the department for a hearing in the district court.

        c.           A statement that after the holding of the conference, the department may issue a new notice to be sent to the transferee by first-class mail addressed to the transferee at the transferee’s last-known address or, if applicable, to the transferee’s attorney at the last-known address of the transferee’s attorney.

        d.           A statement that if the department issues a new notice, the transferee has until 10 days after the date of mailing of the new notice or until 20 days after the date of service of the original notice, whichever is later, to send a written request for a hearing to the department.

       75.7(5)  Request for hearing without informal conference. A statement that if the transferee objects to all or any part of the original notice and no conference is requested, the transferee has until 20 days after the date of service of the original notice to send a written response to the department setting forth any objections and requesting a hearing in the district court.

       75.7(6)  Collection action. A statement that as soon as the district court order is entered, the property of the transferee is subject to collection action including, but not limited to, wage withholding, garnishment, attachment of a lien, issuance of a distress warrant, and execution.

       75.7(7)  Responsibilities of transferee. A statement that the transferee must send written notice to the department of any change of address or employment.

       75.7(8)  Questions. A statement that if the transferee has any questions concerning the transfer of assets, the transferee should contact the department or consult an attorney.

       75.7(9)  Other information. Other information as the department finds appropriate.