§ 270A.04 — Agency Participation
Plain-Language Summary
This section explains when a government agency can and cannot use the Revenue Recapture Act to collect a debt. The agency cannot use this process if the debtor has a written payment plan that bars recapture, if collecting would cause a loss of federal funds, if the agency lacks the debtor's identifying information, or if the debt is too old under the statute of limitations.
270A.04 AGENCY PARTICIPATION.
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Subdivision 1.Collection remedy.
The collection remedy under this section is in addition to and not in substitution for any other remedy available by law. §
Subd. 2.Requirements for submission.
Any debt owed to a claimant agency must not be submitted by the agency for collection under the procedure established by sections 270A.01 to 270A.12 if (a) there is a written payment agreement between the debtor and the claimant agency in which revenue recapture is prohibited and the debtor is complying with the agreement, (b) the collection attempt would result in a loss of federal funds, or (c) the agency is unable to supply the department with the necessary identifying information required by subdivision 3 or rules promulgated by the commissioner, or (d) the debt is barred by section 541.05. §
Subd. 3.Information required.
For each debt submitted, the claimant agency shall provide the commissioner with the name and Social Security number of the debtor and any other identifying information required by rules promulgated by the commissioner. §
Subd. 4.Information obtained.
Whenever possible, a claimant agency shall obtain the identifying information required by subdivision 3 from any individual for whom the agency provides any service or transacts any business and who the claimant agency can foresee may become a debtor of the claimant agency. §
Subd. 5.
MS 2022 [Repealed, 2023 c 64 art 15 s 36]
History:
1980 c 607 art 12 s 4; 1984 c 502 art 14 s 4; 1990 c 480 art 10 s 5; 1991 c 292 art 5 s 71; 1992 c 511 art 7 s 3; 1Sp2021 c 14 art 11 s 12
History: History: 1980 c 607 art 12 s 4; 1984 c 502 art 14 s 4; 1990 c 480 art 10 s 5; 1991 c 292 art 5 s 71; 1992 c 511 art 7 s 3; 1Sp2021 c 14 art 11 s 12