Administrative Rules of Montana
Department 6 - STATE AUDITOR
Chapter 6.2 - OVERALL OFFICE RULES
Subchapter 6.2.1 - Procedural Rules
Rule 6.2.204 - UNCOLLECTIBLE DEBT
Universal Citation: MT Admin Rules 6.2.204
Current through Register Vol. 24, December 20, 2024
(1) A debt is uncollectible by the department if the department has determined that:
(a) the debt is owing to the
department;
(b) the debtor has
either not pursued available administrative remedies within the department, or
has failed to prevail in the available administrative procedures or remedies
within the department, or in any appeal from that administrative procedure or
remedy to the state or federal courts;
(c) the debtor has failed to pay the debt
after the department has made reasonable efforts to collect the debt;
and
(d) the department has no
administrative means such as recoupment from current payments by which to
recover the debt.
(2) The department has made all reasonable efforts to collect a debt when the debt remains owed in whole or in part after:
(a)
the department has utilized appropriate notices directed at the debtor's last
known address to inform the debtor of the debt owed and the debtor cannot be
contacted; or
(b) the department
has provided the debtor with an opportunity to enter into a repayment agreement
based on a schedule for debt repayment that the department determines is
appropriate, and the debtor has failed to cooperate, or the debtor is failing
to repay the debt.
(3) A debtor is failing to repay a debt when the debtor has failed to make a monthly or other payment for which the department has mailed notice of delinquency, including a demand for cure of the delinquency within ten days from the date of mailing.
AUTH: 30-10-107, 33-1-313, MCA IMP: 17-4-110 MCA
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