34 Tex. Admin. Code § 49.3 - Referrals of Delinquent Obligations to Attorney General for Collection
(a) If a department determines that a
delinquent obligation may be collectible or if TRS procedures otherwise
require, the department shall refer the obligation to the Legal Services
Department for recommendation of whether TRS should refer the obligation to the
attorney general for collection.
(b) The executive director or his designee
shall decide whether to refer a matter to the attorney general for collection.
This decision and any referral to the attorney general should be made no later
than 90 days after the determination that an obligation owed to TRS is
delinquent.
(c) Except as noted in
this chapter, TRS will not refer for collection delinquent obligations in which
the amount to be recovered would be less than the total sum of expense to TRS
and the attorney general for travel, employee time, court costs, and other
relevant expenses.
(d) The
executive director or his designee may for policy reasons, actuarial reasons,
or other good cause refer a delinquent obligation to the attorney general for
collection even if the size of the obligation or other considerations generally
would cause TRS not to refer the obligation.
(e) In making a determination of whether to
refer a delinquent obligation to the attorney general, the executive director
or his designee shall consider:
(1) expense
of further collection procedures;
(2) the size of the delinquent
obligation;
(3) the existence of
any security;
(4) the possibility
of collection or satisfaction of the delinquent obligation through other
means;
(5) the likelihood of
collection; and
(6) any other
relevant factors established by TRS collections procedures.
(f) When referring a delinquent
obligation to the attorney general, TRS shall provide:
(1) the obligor's verified address and
telephone number;
(2) a statement
that the obligation is not uncollectible;
(3) proof of no more than two demand letters
to the obligor at the obligor's verified address; and
(4) other relevant information relating to
the delinquent obligations and TRS's collection efforts.
Notes
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