NRS353C.195. State Controller required to act as collection agent for state agencies; coordination of debt collection efforts; assignment of debt to State Controller.

  Except as otherwise provided in this section or by a specific statute or federal law:

      1.  The State Controller shall act as the collection agent for each agency.

      2.  An agency shall coordinate all its debt collection efforts through the State Controller.

      3.  Unless an agency and the State Controller agree on a different time, an agency shall assign a debt to the State Controller for collection not later than 60 days after the debt becomes past due.

      4.  An agency shall not assign a debt to the State Controller for collection if the debt is administratively contested by the debtor. For the purposes of this subsection, a debt is not administratively contested if:

      (a) The debtor and the agency have agreed on the existence and amount of the debt;

      (b) The debtor has failed to contest timely the existence or amount of the debt in accordance with the administrative procedures prescribed by the agency; or

      (c) The debtor has timely contested the debt in accordance with the administrative procedures prescribed by the agency and the agency has issued a final decision concerning the existence and amount of the debt.

      5.  Upon the request of an agency, the State Controller shall waive a requirement of this section:

      (a) If the State Controller determines that the agency has the resources to engage in its own debt collection efforts; or

      (b) For good cause shown.

      6.  If the State Controller waives the requirements of subsection 1 or 2 for an agency, the agency may exercise any right or remedy conferred on the State Controller pursuant to the provisions of NRS 353C.130 to 353C.180, inclusive, and 353C.200 to 353C.230, inclusive, to collect a debt.

      7.  An agency that is authorized by specific statute to collect a debt on behalf of or in trust for a particular person or entity may assign the debt to the State Controller for collection pursuant to this section. If such an agency does not assign a debt to the State Controller pursuant to this section, the agency may, in addition to any right or remedy conferred on the agency by specific statute to collect a debt, exercise any right or remedy conferred on the State Controller pursuant to the provisions of NRS 353C.130 to 353C.180, inclusive, and 353C.200 to 353C.230, inclusive, to collect the debt.

      (Added to NRS by 2001, 1876; A 2009, 1179)