Resolutions-2016-054 (2)

SECTION 5. DAS/SAE’s Responsibilities. 5.1 Offset of Debt. DAS/SAE shall offset liabilities owed to Public Agency by implementing an offset program for Public Agency, developed and managed by DAS/SAE in accordance with Iowa Code chapter 8A and 11 Iowa Administrative Rules 40. 5.2 Compliance with AGA. DAS/SAE will comply with the Accountable Government Act, Iowa Code chapter 8E, in the performance of this MOU. 5.3 Refund of Balance after Offset. Before issuing an authorized payment to a debtor, DAS/SAE shall request verification of the claim pursuant to subrule 40.5. If notification is not made to DAS/SAE by the Public Agency within forty-five (45) days, the amount of the payment shall be released to the debtor or entity. DAS/SAE will apply the offset to the debt only after the Public Agency has notified the debtor as prescribed in subrule 40.4(4). DAS/SAE shall then refund any balance amount due from the Public Agency to the debtor or entity. SECTION 6. Public Agency’s Responsibilities. 6.1 Offset Eligibility Program. The Public Agency shall be responsible for developing and maintaining a system for reporting debts eligible for offset and any subsequent claims associated with those debts as required under Iowa Code section 8A.504 and 11 IAC chapter 40 to DAS/SAE at Public Agency’s expense. 6.1.1 Minimum Debt Amount. Before a debt may be placed into the offset program, the amount of a debtor’s original liability must be at least $50, except when the source of the claim is a tax refund or tax rebate, in which case the debt may be as low as $25. 6.1.2 Debtor’s opportunity to challenge placement of debt in offset program. Before a debt may be placed into the offset program, the Public Agency must have: a. Made a good faith effort to collect the debt through other means; b. Provided the debtor advance notice that the debt will be placed in the offset program if not paid when due; and c. Provided a formal or informal opportunity for the debtor to challenge placement of the debt into the offset program, as described in 11 IAC 40.3(4).