§ 41–161.02. Informal conference.

(a) Not later than 30 days after receipt of a notice under § 41-161.01, 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) of this section 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 § 41-161.03 until notice of a decision under paragraph (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 § 41-161.01 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 Chapter 5 of Title 2. 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 shall 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 § 41-161.01; and

(2) Present any issue concerning the validity of the determination.

(e) If the Administrator fails to act within the period prescribed in subsection (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 § 41-161.01 during the period in which the Administrator failed to act until the earlier of:

(1) The date the putative holder requests a hearing under § 41-161.03; or

(2) 90 days after the putative holder received notice of the Administrator's determination under § 41-161.01 if the putative holder did not request a hearing under § 41-161.03.

(f) The Administrator may hold an informal conference with a putative holder about a determination under § 41-161.01 without a request at any time before the putative holder requests a hearing under § 41-161.03.

(g) Interest and penalties under § 41-162.04 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.