K-5 - Memorandum of Understanding for Setoff

ARTICLE III PROGRAM PARAMETERS 3.1 Program Admission. 3.1.1 The Public Agency or IJB wishing to participate in the Program must complete and submit the application as designated by IDR. All required fields must be reported. 3.1.2 Contact Persons. 3.1.2.1 The Participating Agency must provide a contact person for operational questions and backup contact person for when the contact person is unavailable. Operational questions constitute questions originating from IDR regarding the processing of setoffs. 3.1.2.2 The Participating Agency must provide a contact person for Obligor questions and backup contact person for when the contact person is unavailable. Obligor questions constitute questions originating from the Obligor regarding the Obligor’s Debt or the amount setoff. 3.1.2.3 The Participating Agency must provide the name, title, phone number, and email address of each contact person. 3.1.2.4 The Participating Agency must update and confirm all contact persons and all contact information no less than annually and upon request. 3.1.2.5 All contact persons must ensure that calls and correspondence are handled in a timely manner. 3.1.2.6 Contact person contact information may be updated without a formal amendment to this Agreement by providing written notice to IDR in the manner designated by IDR. 3.2 Prior to Submission of Debt. 3.2.1 Participating Agency shall keep a record of all communication with the Obligor until the Debt has been paid in full and the setoff appeal period has expired, or has been removed from the Program. 3.2.2 Participating Agency shall provide Obligor with an opportunity to protest or challenge the Debt, in compliance with applicable law and due process. 3.2.3 Steps outlined in Sections 3.2.1 and 3.2.2 above must be completed for each Debt prior to that Debt’s submission to the Program. 3.2.4 Participating Agency’s correspondence to Obligor shall include the Participating Agency’s obligor contact information. The correspondence shall not include IDR or the Program’s operational contact information. 3.2.5 Prior to submitting a Debt Type to the Program, a Participating Agency shall provide the Department with a description of the Debt Type(s) and other details regarding each Debt Type as required by the Department. This description(s) shall be submitted with the MOU and any other time a Participating Agency wants to submit a new Debt Type. 3.3 Submission of Debt. 3.3.1 All Data required to submit, certify, and maintain debt must be submitted electronically via a process designated by IDR. Submissions must comply with the file layout in Appendix B. IDR may update Appendix B without a formal amendment to this Agreement by providing written notice to the Participating Agency. 3.3.2 Participating Agency shall remain the system of record for Debt submitted to the Program. 3.3.3 Character of Debt. 3.3.3.1 The Debt must be Qualifying Debt. 3.3.3.2 The Debt must be legally collectible and within any applicable statute of limitations. 3.3.3.3 The debts must meet the minimum amount requirement, as in administrative rule. If the amount of the debt is reduced to twice the Setoff Fee, the debt will be removed from the setoff system.