34 Tex. Admin. Code § 49.2 - Demand Letters

(a) A department that has determined a delinquent obligation is owed to TRS shall send a first demand letter to the obligor, generally no later than 30 days after such determination is made. If no satisfactory response is received within 30 days after the date of the first letter, the department shall send a second demand letter to the obligor, generally no sooner than 30 days but not more than 60 days after the date of the first demand letter.

(b) Demand letters should be mailed in envelopes that contain the statement "address service requested" and shall comply with the applicable requirements for address verification in 39 Code of Federal Regulations Chapter III, Subchapter A, Part 3001, Subpart C, Appendix A, §911. Second demand letters shall state, where practical and in accordance with TRS procedures, that the delinquent obligation may be referred to the attorney general if it is not resolved in manner satisfactory to TRS.

(c) If the department does not receive a satisfactory response after sending two demand letters, the department shall determine whether the obligation is uncollectible as a practical matter, based on established procedures. The department shall adequately document a determination that a delinquent obligation is uncollectible.

Notes

34 Tex. Admin. Code § 49.2

The provisions of this §49.2 adopted to be effective January 4, 1993, 17 RexReg 9037; amended to be effective March 12, 2003, 28 TexReg 2120