Sam E. Scott - Page 15




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         provided petitioner with a hearing in response to his                        
         disagreement with the collection action.                                     
              II.  Whether Respondent Failed To Adopt or Employ Uniform               
                   Rules or Procedures for the Hearing Pursuant to                    
                   Sections 6320 and/or 6330; Whether the Administrative              
                   Procedures Act Applies to the Hearings; and Whether It             
                   Is Respondent’s Obligation To Record the Hearing                   
              Petitioner makes the vague argument that no uniform rules or            
         procedures existed for the conduct of the administrative hearing             
         and/or that he was not apprised of same.  Respondent counters                
         that there were available to petitioner, in addition to the                  
         above-referenced statutes, section 301.6320-1, et seq., Proced. &            
         Admin. Regs., and section 301.6330-1, et seq., Proced. & Admin.              
         Regs., which provide rules and procedures for the hearing and the            
         related process.  We agree with respondent and find petitioner’s             
         contention to be without merit or substance.                                 
              Petitioner also contends that the provisions of the                     
         Administrative Procedure Act, 5 U.S.C. sec. 551-557 (1994)                   
         should apply to the sec. 6320/6330 hearing.  Respondent has                  
         stated in procedural regulations that a hearing under sections               
         6320 and 6330 is not under the formal hearing provisions of the              
         Administrative Procedure Act.  See sec. 301.6320-1(d)(2), Q&A-D6,            
         Proced. & Admin. Regs.; sec. 301.6330-1(d)(2), Q&A-D6, Proced. &             
         Admin. Regs.  Petitioner complained that the hearing was not                 
         recorded by respondent, but petitioner did not seek, nor was he              








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