| (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.
|
| Source Note: The provisions of this §49.3 adopted to be effective January 4, 1993, 17 TexReg 9037; amended to be effective June 9, 1999, 24 TexReg 4251; amended to be effective March 12, 2003, 28 TexReg 2120; amended to be effective January 1, 2016, 40 TexReg 9731 |
