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Resolutions-2016-054

Dated September 6, 2016 7 pages Res. 2016-054

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4.4 Fee Review. DAS/SAE shall periodically review the costs of administering the offset program. Per Section 8.2 of this MOU, proposed adjustments to the specified fee shall require an amendment. 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).

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