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Rule 260. Proceeding To Enforce Overpayment Determination

(a) Commencement of Proceeding:
(1) How Proceeding Is Commenced: A proceeding to enforce an overpayment determined by the Court under Code section 6512 (b)(1) shall be commenced by filing a motion with the Court. The petitioner shall place on the motion the same docket number as that of the action in which the Court determined the overpayment.
(2) When Proceeding May Be Commenced: A proceeding under this Rule may not be commenced before the expiration of 120 days after the decision of the Court determining the overpayment has become final within the meaning of Code section 7481 (a).
(b) Content of Motion: A motion to enforce an overpayment determination filed pursuant to this Rule shall contain the following:
(1) The petitioner’s identification number (e.g., Social Security number or employer identification number) and current mailing address.
(2) A statement whether any dispute exists between the parties regarding either the fact or amount of interest payable in respect of the overpayment determined by the Court and, if such a dispute exists, clear and concise lettered statements of the facts regarding the dispute and the petitioner’s position in respect of each disputed matter.
(3) A copy of the Court’s decision which determined the overpayment, together with a copy of any stipulation referred to therein and any computation filed pursuant to Rule 155 setting forth the amount and date of each payment made by the petitioner.
(4) A copy of the petitioner’s written demand on the Commissioner to refund the overpayment determined by the Court, together with interest as provided by law; this demand shall have been made not less than 60 days before the filing of the motion under this Rule and shall have been made on the Commissioner through the Commissioner’s last counsel of record in the action in which the Court determined the overpayment which the petitioner now seeks to enforce by this motion.
(5) If the petitioner requests an evidentiary or other hearing on the motion, then a statement of the reasons why the motion cannot be disposed of by the Court without a hearing. For the circumstances under which the Court will direct a hearing, see paragraph (d) of this Rule.
(c) Response by Commissioner: Within 30 days after service of a motion filed pursuant to this Rule, the Commissioner shall file a written response. The response shall specifically admit or deny each allegation set forth in the petitioner’s motion. If a dispute exists between the parties regarding either the fact or amount of interest payable in respect of the overpayment determined by the Court, then the Commissioner’s response shall also include clear and concise statements of the facts regarding the dispute and the Commissioner’s position in respect of each disputed matter. If the Commissioner agrees with the petitioner’s request for a hearing, or if the Commissioner requests a hearing, then the response shall include a statement of the Commissioner’s reasons why the motion cannot be disposed of without a hearing. If the Commissioner opposes the petitioner’s request for a hearing, then the response shall include a statement of the reasons why no hearing is required.
(d) Disposition of Motion: A motion to enforce an overpayment determination filed pursuant to this Rule will ordinarily be disposed of without an evidentiary or other hearing unless it is clear from the motion and the Commissioner’s written response that there is a bona fide factual dispute that cannot be resolved without an evidentiary hearing.
(e) Recognition of Counsel: Counsel recognized by the Court in the action in which the Court determined the overpayment which the petitioner now seeks to enforce will be recognized in a proceeding commenced under this Rule. Counsel not so recognized must file an entry of appearance pursuant to Rule 24 (a)(3) or a substitution of counsel pursuant to Rule 24 (d).
(f) Cross-Reference: For the need, in the case of an overpayment, to include the amount and date of each payment made by the petitioner in any computation for entry of decision, see paragraphs (a) and (b) of Rule 155.
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