Section 14.43.152. Initiation of administrative action to establish a collection order; required notice.

   (a) An action to establish a collection order authorized under AS 14.43.151 is initiated by the commission's serving on the borrower a notice of establishment of collection order. The notice shall be served by mailing the notice to the borrower at
        (1) the borrower's most recent address provided to the commission by the borrower; or
        (2) another address known to the commission.
   (b) The notice served under (a) of this section must state
        (1) the amount of the liability for default under AS 14.43.145 for which the borrower is found to be responsible; the amount stated under this paragraph shall include all principal, interest, and collection fees;
        (2) that a lien may be recorded against the borrower's property as authorized under AS 14.43.145(a)(5);
        (3) that the borrower may appear at a hearing held by the commission and show cause that a collection order should not be entered because, at the time of the notice,
             (A) no loan payment was more than 180 days past due or, for a loan under AS 14.43.161 - 14.43.168 or 14.43.170 - 14.43.175, the default requirements established by the commission had not yet been met; or
             (B) the borrower had entered into, or was in compliance with, an agreement to forbear default with the commission; and
        (4) that, if the borrower served with the notice does not request a hearing within 30 days after the date of mailing of the notice, a collection order will be entered and the property of the borrower will be subject to a lien under AS 14.43.149 in the amount stated in the collection order without further notice or hearing.

Authorities

14.43.151;14.43.153

Notes

References

AS 14.43.151 Authority and procedure to administratively establish and enforce a collection order.
AS 14.43.153 Hearings in administrative action to establish a collection order; burden of proof.

History

(Sec. 9 ch 63 SLA 2004)