Ill. Admin. Code tit. 74 § 1200.100

Current through Register Vol. 48, No. 44, November 1, 2024

Section 1200.100 - Collection of Certified Debt

a) Once the certified debt is accepted for collection, the Bureau shall make every reasonable effort to collect the debt using all collection tools available, including, but not limited to, the Comptroller's Offset System and the employment of private collection agencies, as well as its own collections personnel. [30 ILCS 210/10(a) ] As part of its collection efforts, the Bureau may direct the referring agency to place the certified debt with the Comptroller's Offset System or to enter into a repayment plan with the debtor.

b) The Bureau shall have the sole authority to let contracts withprivate collection agencies for the collection of debt referred to and accepted by the Bureau under this Part. [30 ILCS 210/10(b) ]

1) Any contract with a private collection firm for the collection of debt referred to and accepted by the Bureau under this Part shall be let pursuant to the provisions of the Illinois Procurement Code [30 ILCS 500 ] and the Standard Procurement Rules (44 Ill. Adm. Code 1). Selection of private collection firms by the Bureau shall be made through the Procurement Code's request for proposal process.

2) Any such contract shall specify that theprivate collection agency's fee shall be on a contingency basis and that the private collection agency shall not be entitled to collect a contingency fee for any debt collected through the efforts of any State or federal offset system. [30 ILCS 210/10(b) ]

3) Any such contract let after the effective date of this rulemaking should provide that debt referred to the firm for which there have been no payments or other activity must be returned to the agency after 180 days.

4) The referring agency shall be responsible for working directly with the private collection firm in the placement of its certified debt and for providing to the private collection firm information in its possession concerning the certified debt and the debtor, as provided in Section 1200.60(e) of this Part, or as directed by the Bureau.

5) The Bureau shall be responsible for managing and monitoring the collection performance of the private collection firms in regard to debt collected on its behalf.

c) The Bureau may employ individuals who are certified as collection specialists to perform the requirements of this Part, subject to funding by the General Assembly.

d) Private collection firms and individuals employed by the Bureau must demonstrate that they are qualified by training and experience to undertake these collection efforts. In the case of an employment agency, the individuals who would perform the collection services must be so qualified. Upon determination by the Bureau that the individuals are so qualified, the Bureau shall certify the individuals as collection specialists.

e) Upon agreement of the Attorney General, the Bureau may contract for legal assistance in collecting past due accounts. Any contract entered into under this Section before August 20, 2003, shall remain valid but may not be renewed. [30 ILCS 210/7 ]

f) The Attorney General and the State Comptroller may assist in the debt collection efforts of the Bureau, as requested by the Department of Revenue. [30 ILCS 210/10(i) ]

g) Collection methods employed by the Bureau may vary with the size and nature of the debt.

h) If reasonable collection efforts prove unavailing, the Bureau may declare the delinquent debt uncollectible and return it to the referring agency as provided in Section 1200.110.

Ill. Admin. Code tit. 74, § 1200.100