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AG 2002 01 28 (Regular)
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AG 2002 01 28 (Regular)
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Last modified
3/2/2006 5:00:54 PM
Creation date
11/27/2017 11:42:27 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/28/2002
Board
Board of Commissioners
Meeting Type
Regular
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I <br /> <br />participating counties and cities. Five Star has managed the South Carolina Association of Counties debt setoff <br />program since its inception five years ago. <br /> <br />Successful match funds will be disbursed through Capital Management of the Carolinas, the agency that <br />oversees administration of the North Carolina Capital Management Trust. Each county and city will need to <br />have an account with Capital Management and will need to complete Capital Management's enclosed "Inter- <br />Fund Authorization Transfer" form, designating its account number to receive the funds. Details regarding <br />completion and transmission of this form and opening new accounts accompany the form in this packet <br />(Addendum B). No additional charge will accrue for this service--Capital Management considers this an <br />important service offering to its county and city clients. <br /> <br />In order to participate in the program, each county and city must agree to comply with NCGS 10SA-1 through <br />105A-15. Each county and city that desires to participate should become familiar with the requirements <br />therein. Certain appeal procedures, including notification to the debtor and debtor's right to a hearing must be <br />followed. The county or city must send written notice to a debtor that the agency intends to submit the debt for <br />collection by setoff. The notice must explain the debt and that the county or city intends to apply the debtor's <br />refund against the debt. The notice must also inform the debtor that the debtor has the right to contest the <br />matter by filing a request for a hearing with the county or city, must state the time limits and specifics of the <br />hearing, and must state that failure to request a hearing within the required time will result in setoff of the debt. <br />Please find enclosed a sample notification letter, a sample post hearing notification letter, and a tracking form <br />for your use (Addendum C). <br /> <br />A debtor who decides to contest a proposed setoff must file a written request for a hearing with the county or <br />city within 30 days after the date the county or city mails a notice of the proposed action to the debtor. The <br />governing body or a person designated by the governing body must hold the hearing. If the debtor disagrees <br />with the decision rendered, the debtor may file a petition for a contested case under Article 3 of Chapter 150B <br />of the General Statutes. The petition must be filed within 30 days after the debtor receives a copy of the county <br />or city's decision. Please find enclosed a summary of the notification and appeals process (Addendum D). <br />Please also note that no debt can be submitted to the clearinghouse until the entire notification and <br />appeals process is completed for that debt. <br /> <br />Local Government Debt Setoff Clearinghouse Program and Match Guidelines highlights include: <br /> <br /> · Only counties and cities may participate in the NC Local Government Debt Setoff Clearinghouse <br /> program. <br /> <br /> · The county or city may combine individual debts of at least $50 each by debtor name and social <br /> security number for submission to the program. Again, the individual debt to be combined must equal <br /> or exceed $50. Debts less than $50 cannot be combined to meet the $50 threshold. <br /> <br /> · No debts can be submitted until they are at least 60 full days past the local county or city's definition of <br /> delinquency. For example, if County A's policy defines a bill as delinquent after 30 days from its due <br /> date, County A must wait 90 days from the bill's due date before submitting the debt to the <br /> clearinghouse. <br /> <br /> · Debts must be submitted in the format and media required by the NC Local Government Debt Setoff <br /> Clearinghouse. <br /> <br /> · Per state law, priorities for refunds will be determined when the debt is initially submitted to the <br /> program. PLEASE NOTE THAT STATE AGENCIES HAVE PRIORITY OVER LOCAL <br /> AGENCIES FOR COLLECTION BY SETOFF. <br /> <br /> · Existing submitted debts may be adjusted i~pwards for interest, fees, penalties, etc., and will retain the <br /> original priority order, but not a later submitted new debt, even if for the same debtor. New debts will <br /> be date-stamped with the later submission date.. <br /> <br />2 <br /> <br /> <br />
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