NRS353C.190. State Controller may offset debt with amount owed to debtor by state agency; filing of claim on behalf of debtor; regulations.

      1.  The State Controller may offset any amount due an agency from a debtor against any amount owing to that debtor by any agency, regardless of whether the agency which owes the amount is the same agency to which the debtor owes the debt. Whenever the combined amount owing to a debtor by all agencies is insufficient to offset all the amounts due the agencies from the debtor, the State Controller shall allocate the amount available from the debtor among the agencies in such a manner as the State Controller determines is appropriate.

      2.  If a debtor who owes a debt to an agency has a claim against that agency or another agency and refuses or neglects to file the claim with the agency within a reasonable time, the State Controller may file the claim on behalf of the debtor. If the State Controller files the claim, it has the same force and effect as though filed by the debtor. The amount due the debtor from the agency is the net amount otherwise owing to the debtor after any offset as provided in this section.

      3.  The State Controller shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, the manner in which offsets will be allocated among agencies.

      (Added to NRS by 1999, 3445; A 2009, 1178)