| (a) The chief legal officer shall decide whether to
refer a matter to the attorney general for collection. This decision
and any referral generally should be made no later than 60 days after
the second demand letter is sent. The 60-day guideline in this subsection
shall not apply to the collection of debts or overpayments arising
out of the Child and Adult Care Food Program (CACFP), 7 CFR Part 226,
or the Summer Food Service Program (SFSP), 7 CFR Part 225.
(b) Generally, the department will not 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. The
commissioner or the chief legal officer may from time to time establish
a minimum dollar amount for obligations to be referred for collection.
(c) The department may, for policy reasons or other
good cause, determine that a matter should be referred to the attorney
general even if the amount to be recovered does not exceed the minimum
established pursuant to this rule.
(d) 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;
(6) any obligation of the Department to attempt to
recover a debt that is imposed by federal law, contract or other agreement;
and
(7) any other relevant factors established by the department's
procedures for collection of debts.
(e) 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, except as required for the
collection of debts or overpayments arising out of the CACFP, 7 CFR
Part 226, or the SFSP, 7 CFR Part 225.
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| Source Note: The provisions of this §1.53 adopted to be effective August 3, 1993, 18 TexReg 4747; amended to be effective June 29, 2008, 33 TexReg 4866; amended to be effective June 24, 2012, 37 TexReg 4409 |
