Sec. 1. (a) Whenever the commissioner shall consider any account or claim for contributions against an employer, and any penalty or interest due, or any part of the penalty or interest, to be uncollectible, written notification containing appropriate information shall be furnished to the attorney general by the commissioner setting forth the reasons and the extent to which collection proceedings have been taken. The attorney general may review the notice and may undertake additional investigation as to the facts regarding the collection proceedings, and shall certify to the commissioner an opinion as to the collectibility of the account or claim. If the attorney general consents to the cancellation of a claim for delinquent contributions, and any interest or penalty due, the department may then cancel all or any part of the claim.
(b) In addition to the procedure for cancellation of claims for delinquent contributions set out in subsection (a), the department may cancel all or any part of a claim for delinquent contributions against an employer if all of the following conditions are met:
(1) The employer's account has been delinquent for at least seven (7) years.
(2) The commissioner has determined that the account is uncollectible and has recommended that the department cancel the claim for delinquent contributions.
(c) When a claim or any part of a claim is cancelled by the department, there shall be placed in the files and records of the department, in the appropriate place for the same, a statement of the amount of contributions, any interest or penalty due, and the action of the department taken with relation to the claim, together with the reasons for the action.
Formerly: Acts 1947, c.208, s.2101; Acts 1957, c.299, s.7. As amended by P.L.18-1987, SEC.61; P.L.80-1990, SEC.15; P.L.21-1995, SEC.102; P.L.290-2001, SEC.18; P.L.175-2009, SEC.35; P.L.171-2016, SEC.29; P.L.122-2019, SEC.35.
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