Iowa Administrative Code › Agency 11 - Administrative Services Department › Title III - State Accounting › Chapter 40 - Offset of Debts Owed State Agencies › Rule 11-40.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter, the following definitions
				  shall govern:
"Claim"
means a liquidated sum due, owing,
				  and payable to a debtor from a public agency.
"Collection entity"
means the department of
				  administrative services and any other public agency that maintains a separate
				  accounting system, elects to establish a debt collection setoff procedure for
				  collection of debts owed to the public agency, and participates in the
				  department of administrative services' offset program.
"Debtor"
means any person owing a debt to a
				  public agency.
"Department"
means the Iowa department of
				  administrative services.
"Director"
means the director of the Iowa
				  department of administrative services or the director's designee.
"Judicial branch"
means the same as that set
				  forth in Iowa Code section
				  602.1102.
"Liability"
or
"debt"
means
				  a "qualifying debt" as defined in Iowa Code section
				  8A.504(1)
"c"
or any liquidated sum due, owing, and payable by a debtor
				  to a public agency. Such liquidated sum may be accrued through contract,
				  subrogation, tort, operation of law, or any legal theory regardless of whether
				  there is an outstanding judgment for that sum.
"Liability owed to a court"
or
"debt
				  owed to a court"
means any liquidated sum due, owing, and payable to
				  any clerk of the Iowa district court including, but not limited to, "court
				  debt" as defined in Iowa Code section
				  602.8107(1) 
				  which remains unpaid 30 or more days after the date the court debt was
				  due.
"Liquidated"
means that the amount of the
				  claim or debt is definite, determined, and fixed by agreement of the parties,
				  by operation of law, or through court or administrative proceedings.
"Offset"
means to set off liabilities owed
				  by persons to public agencies against claims owed to persons by public
				  agencies.
"Offset program"
means the department
				  program for debt collection under the provisions of Iowa Code section
				  8A.504 through the daily
				  processing and income tax refund programs.
"Person"
or
"entity"
means
				  an individual, corporation, business trust, estate, trust, partnership or
				  association, or any other legal entity, but does not include a state
				  agency.
"Public agency"
or
"agency"
means a board, commission, department, including the department of
				  administrative services, or other administrative office or unit of the state of
				  Iowa or any other state entity reported in the Iowa Annual Comprehensive
				  Financial Report, or a political subdivision of the state, or an office or unit
				  of a political subdivision, or a clerk of district court. However, "public
				  agency" or "agency" does not mean any of the following:
1. The office of the governor;
2. The general assembly, or any office or
				unit under its administrative authority; or
3. The judicial branch, as provided in Iowa
				Code section 602.1102 other than the clerk of
				the district court. Offset procedures uniquely applicable to debts owed to
				clerks of the district court are set forth in rules
				11-40.10 (8A) to
				11-40.15 (8A).