§ 1581. Informal conference
(a) Not later than 30 days after receipt of a notice under section 1572 of this title, the putative holder may request an informal conference with the Administrator to
review the determination. Except as otherwise provided in this section, the Administrator
may designate an employee to act on behalf of the Administrator.
(b) If a putative holder makes a timely request under subsection (a) for an informal conference:
(1) not later than 20 days after the date of the request, the Administrator shall set
the time and place of the conference;
(2) the Administrator shall give the putative holder notice in a record of the time and
place of the conference;
(3) the conference may be held in person, by telephone, or by electronic means, as determined
by the Administrator;
(4) the request tolls the 90-day period under sections 1583 and 1584 of this title until notice of a decision under subdivision (7) of this subsection has been given
to the putative holder or the putative holder withdraws the request for the conference;
(5) the conference may be postponed, adjourned, and reconvened as the Administrator determines
appropriate;
(6) the Administrator or Administrator’s designee with the approval of the Administrator
may modify a determination made under section 1012 of this title or withdraw it; and
(7) the Administrator shall issue a decision in a record and provide a copy of the record
to the putative holder and examiner not later than 20 days after the conference ends.
(c) A conference under subsection (b) of this section is not an administrative remedy
and is not a contested case subject to 3 V.S.A. § 809. An oath is not required and rules of evidence do not apply in the conference.
(d) At a conference under subsection (b) of this section, the putative holder must be
given an opportunity to confer informally with the Administrator and the person that
examined the records of the putative holder to:
(1) discuss the determination made under section 1572 of this title; and
(2) present any issue concerning the validity of the determination.
(e) If the Administrator fails to act within the period prescribed in subdivision (b)(1)
or (7) of this section, the failure does not affect a right of the Administrator,
except that interest does not accrue on the amount for which the putative holder was
determined to be liable under section 1572 of this title during the period in which the Administrator failed to act until the earlier of:
(1) the date under section 1583 of this title the putative holder initiates administrative review or files an action under section 1584 of this title; or
(2) 90 days after the putative holder received notice of the Administrator’s determination
under section 1572 of this title if no review was initiated under section 1583 of this title and no action was filed under section 1584 of this title.
(f) The Administrator may hold an informal conference with a putative holder about a determination
under section 1572 of this title without a request at any time before the putative holder initiates administrative
review under section 1583 of this title or files an action under section 1584 of this title.
(g) Interest and penalties under section 1594 of this title continue to accrue on property not reported, paid, or delivered as required by this
chapter after the initiation, and during the pendency, of an informal conference under
this section. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)