| (a) The commissioner or the commissioner's designee shall decide
whether to refer a delinquent obligation to the attorney general for collection.
(b) The department may, in its discretion, decline to refer
collection matters in which the amount to be collected would be less than
the total sum of expense to the department and the attorney general for travel,
employee time, court costs, and other relevant expenses.
(c) Not later than 120 days after the department determines
that normal collection procedures for an obligation owed the department have
failed, the department shall report the uncollected and delinquent obligation
to the attorney general for further collection efforts. In making a determination
of whether to refer a matter to the attorney general, the department shall
consider:
(1) the expense of further collection procedures;
(2) the size of the debt;
(3) the existence of any security;
(4) the possibility of collection or satisfaction of the
debt through other means;
(5) the likelihood of collection; and
(6) any other relevant factors established by the department.
(d) Prior to referring a matter to the attorney general, the
department shall:
(1) verify the debtor's address and telephone number;
(2) conclude that the obligation is not uncollectible;
and
(3) transmit no more than two demand letters to the debtor
at the debtor's verified address.
(e) The department may, for policy reasons or other good cause,
determine that a matter should be referred to the attorney general.
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