Reserved
IC 6-8.1-9-9
Reserved
IC 6-8.1-9-10
Reserved
IC 6-8.1-9-11
Reserved
IC 6-8.1-9-12
Reserved
IC 6-8.1-9-13
Reserved
IC 6-8.1-9-14
Department centralized debt collection program for state agencies;
fee for service; procedures; commissioner report
Sec. 14. (a) The department shall establish, administer, and make
available a centralized debt collection program for use by state
agencies to collect delinquent accounts, charges, fees, loans, taxes,
or other indebtedness owed to or being collected by state agencies.
The department's collection facilities shall be available for use by
other state agencies only when resources are available to the
department.
(b) The commissioner shall prescribe the appropriate form and
manner in which collection information is to be submitted to the
department.
(c) The debt must be delinquent and not subject to litigation,
claim, appeal, or review under the appropriate remedies of a state
agency.
(d) The department has the authority to collect for the state or
claimant agency (as defined in IC 6-8.1-9.5-1) delinquent accounts,
charges, fees, loans, taxes, or other indebtedness due the state or
claimant agency that has a formal agreement with the department for
central debt collection.
(e) The formal agreement must provide that the information
provided to the department be sufficient to establish the obligation
in court and to render the agreement as a legal judgment on behalf of
the state. After transferring a file for collection to the department for
collection, the claimant agency shall terminate all collection
procedures and be available to provide assistance to the department.
Upon receipt of a file for collection, the department shall comply
with all applicable state and federal laws governing collection of the
debt.
(f) The department may use a claimant agency's statutory
authority to collect the claimant agency's delinquent accounts,
charges, fees, loans, taxes, or other indebtedness owed to the
claimant agency.
(g) The department's right to credit against taxes due may not be
impaired by any right granted the department or other state agency
under this section.
(h) The department of state revenue may charge the claimant
agency a fee not to exceed fifteen percent (15%) of any funds the
department collects for a claimant agency. Notwithstanding any law
concerning delinquent accounts, charges, fees, loans, taxes, or other
indebtedness, the fifteen percent (15%) fee shall be added to the
amount due to the state or claimant agency when the collection is
made.
(i) Fees collected under subsection (h) shall be retained by the
department after the debt is collected for the claimant agency and are
appropriated to the department for use by the department in
administering this section.
(j) The department shall transfer any funds collected from a
debtor to the claimant agency within thirty (30) days after the end of
the month in which the funds were collected.
(k) When a claimant agency requests collection by the
department, the claimant agency shall provide the department with:
(1) the full name;
(2) the Social Security number or federal identification number,
or both;
(3) the last known mailing address; and
(4) additional information that the department may request;
concerning the debtor.
(l) The department shall establish a minimum amount that the
department will attempt to collect for the claimant agency.
(m) The commissioner shall report, not later than March 1 for the
previous calendar year, to the governor, the budget director, and the
legislative council concerning the implementation of the centralized
debt collection program, the number of debts, the dollar amounts of
debts collected, and an estimate of the future costs and benefits that
may be associated with the collection program. A report to the
legislative council under this subsection must be in an electronic
format under IC 5-14-6.
As added by P.L.178-2002, SEC.73. Amended by P.L.28-2004,
SEC.67.
Last modified: May 28, 2006