Code of Massachusetts Regulations
815 CMR - COMPTROLLER'S DIVISION
Title 815 CMR 9.00 - Debt Collection And Intercept
Section 9.01 - Purpose, Application and Authority

Universal Citation: 815 MA Code of Regs 815.9

Current through Register 1531, September 27, 2024

(1) Purpose. 815 CMR 9.00 governs the Collection of overdue Accounts Receivable and Debts owed to Billing Entities as provided by law. 815 CMR 9.00 provides Billing Entities with access to services that promote the efficiency and effectiveness of collecting Debts owed to Billing Entities, thereby enhancing the Collection of Revenues. 815 CMR 9.00 authorizes the Office of the Comptroller to procure and manage contingent fee contracts for Debt Collection services and enables the Office of the Comptroller to Intercept payments due to Debtors to offset their outstanding Debts.

(2) Application. 815 CMR 9.00 applies to all State Department Billing Entities seeking to collect Debts, including State agencies, subdivisions, offices, boards, commissions, committees, councils, boards, institutions of higher education, the judicial and legislative branches and constitutional offices. 815 CMR 9.00 also applies to any other State public entities seeking to use the Debt Collection and Intercept services under 815 CMR 9.00 and that are authorized by law to submit Debt to the Office of the Comptroller for Intercept, including a municipality, city, town, agency of a city or town of the State, a housing authority of the State, or a State authority as defined by M.G.L. c. 29.

815 CMR 9.00 also applies to any non-State Billing Entity, including federal public Billing Entities or another non-Massachusetts state public Billing Entity, seeking to use the Intercept process under 815 CMR 9.00 and that are authorized by law to submit Debt to the Office of the Comptroller for Intercept.

The Office of the Comptroller will interpret 815 CMR 9.00 and take any actions necessary to carry out the purposes of 815 CMR 9.00 including waivers or amendments to 815 CMR 9.00, issuing additional policies, procedures and forms to be used by Billing Entities, and utilizing state-of-the-art skiptracing and identity validation software and services. Absent separate statutory authority, no State Department Billing Entity may Intercept payments owed Debtors, or enter into a contract for Debt Collection Services except as provided in 815 CMR 9.00. Any State Department Billing Entity authorized to Intercept or use Debt Collection services under separate statutory authority may use the Intercept and Debt Collection Agency Statewide Contract provided under 815 CMR 9.00. State Department Billing Entities shall pursue intercept and Debt Collection services under 815 CMR 9.00 for the discharge of Debts and Accounts Receivable as prescribed by the Comptroller. Non-state Department Billing Entities shall comply with the requirements of 815 CMR 9.00 as identified for use of the Intercept process.

(3) Authority. 815 CMR 9.00 is promulgated under the authority of M.G.L. c. 29, § 29D, M.G.L. c. 7A, §§ 3, 8, 15, 18, and 19 and M.G.L. c. 62D, and as authorized under any other federal law or law of another state governing Debt Collection and Intercept.

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