§ 28-40-3.4. Setoff for delinquent contributions.
If the director determines that any individual, or employing unit or its agent, has failed or refused to transmit contributions withheld from the wages of employees in accordance with chapters 39 — 41 of this title, the director shall notify the state controller of this delinquency. The state controller, upon certification of the amount of the delinquency by the director, shall set off the amount of the delinquency against any payment due that person or entity and the director shall credit that amount against the contributions due. The director may not seek setoff until such time as a delinquency determination for the contributions has been directed to the person or entity. If a person or entity assessed a delinquency determination for contributions has requested a hearing on the assessment within the applicable statutory period, no request for setoff may be made while the matter is pending in the hearing or from any appeal from the hearing.
History of Section.P.L. 1993, ch. 301, § 1.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-40 - Temporary Disability Insurance — Contributions
Section 28-40-1. - Amount of employee contributions — Wages on which based.
Section 28-40-2. - Exemption of employee dependent on spiritual healing.
Section 28-40-2.1. - Exemption of minors fourteen (14) and fifteen (15) years of age.
Section 28-40-2.2. - Exemption of certain persons with disabilities.
Section 28-40-3. - Withholding and disposition of contributions.
Section 28-40-3.1. - Contributions held in trust for state.
Section 28-40-3.2. - Notice to segregate trust funds.
Section 28-40-3.3. - Penalty for misappropriation.
Section 28-40-3.4. - Setoff for delinquent contributions.
Section 28-40-4. - Employer’s liability for contributions not withheld.
Section 28-40-5. - Adjustment of erroneous deductions or payments.
Section 28-40-6. - Overpayments.
Section 28-40-6.1. - Refunds to persons with disabilities.
Section 28-40-6.2. - Setoff for delinquent income taxes.
Section 28-40-7. - Appeals to board of review.
Section 28-40-8. - Date from which employees become subject to provisions.
Section 28-40-9. - Interest on delinquent payments.
Section 28-40-10. - Priority of contributions in insolvency or bankruptcy.
Section 28-40-11. - Determination of unreported contributions due.
Section 28-40-12. - Civil action to recover contributions.
Section 28-40-13. - Representation of director in civil actions.
Section 28-40-14. - Contributions as debt to state — Lien on real estate.
Section 28-40-15. - Notice of transfer of business — Contributions due immediately.
Section 28-40-16. - Collection powers.
Section 28-40-17. - [Repealed.]
Section 28-40-18. - Waiver of contributions and interest under one dollar.