NRS 353C.195
State Controller required to act as collection agent for state agencies

  • coordination of debt collection efforts
  • assignment of debt to State Controller
  • waiver of requirements
  • exercise of rights and remedies by state agencies.
Except as otherwise provided in this section or by a specific statute or federal law:

1.

The State Controller shall act as the collection agent for each agency.

2.

An agency shall coordinate all its debt collection efforts through the State Controller.

3.

Unless an agency and the State Controller agree on a different time, an agency shall assign a debt to the State Controller for collection not later than 60 days after the debt becomes past due.

4.

An agency shall not assign a debt to the State Controller for collection if the debt is administratively contested by the debtor. For the purposes of this subsection, a debt is not administratively contested if:

(a)

The debtor and the agency have agreed on the existence and amount of the debt;

(b)

The debtor has failed to contest timely the existence or amount of the debt in accordance with the administrative procedures prescribed by the agency; or

(c)

The debtor has timely contested the debt in accordance with the administrative procedures prescribed by the agency and the agency has issued a final decision concerning the existence and amount of the debt.

5.

Upon the request of an agency, the State Controller shall waive a requirement of this section:

(a)

If the State Controller determines that the agency has the resources to engage in its own debt collection efforts; or

(b)

For good cause shown.

6.

If the State Controller waives the requirements of subsection 1 or 2 for an agency, the agency may exercise any right or remedy conferred on the State Controller pursuant to the provisions of NRS 353C.130 to 353C.180, inclusive, and 353C.200 to 353C.230, inclusive, to collect a debt.

7.

An agency that is authorized by specific statute to collect a debt on behalf of or in trust for a particular person or entity may assign the debt to the State Controller for collection pursuant to this section. If such an agency does not assign a debt to the State Controller pursuant to this section, the agency may, in addition to any right or remedy conferred on the agency by specific statute to collect a debt, exercise any right or remedy conferred on the State Controller pursuant to the provisions of NRS 353C.130 to 353C.180, inclusive, and 353C.200 to 353C.230, inclusive, to collect the debt.

Source: Section 353C.195 — State Controller required to act as collection agent for state agencies; coordination of debt collection efforts; assignment of debt to State Controller; waiver of requirements; exercise of rights and remedies by state agencies., https://www.­leg.­state.­nv.­us/NRS/NRS-353C.­html#NRS353CSec195.

353C.010
Definitions. 353C.020
“Agency” defined. 353C.030
“Agreement” defined. 353C.040
“Debt” defined. 353C.050
“Fee” defined. 353C.060
“Fine” defined. 353C.070
“Person” defined. 353C.080
“Tax” defined. 353C.090
Applicability. 353C.100
Determination of debt to be past due. 353C.110
Regulations of State Controller: Generally. 353C.115
Regulations of State Controller: Establishing fee for returned or dishonored check or other method of payment. 353C.120
Periodic reports by agency of debts owed to agency 353C.125
Agency authorized to refuse to conduct additional transaction with certain debtors until payment of prior debts. 353C.128
Agency authorized to refuse to conduct transaction with, and State Controller authorized to refuse to draw warrant in favor of, certain debtors until payment of prior debts or debtor enters into agreement for payment of debts. 353C.130
Agreement with debtor for payment in installments 353C.133
Agreement with debtor to accept payment of portion of debt in full satisfaction of debt. 353C.135
Payment of costs and fees for collection of certain debts. 353C.140
Action by Attorney General to collect debt 353C.150
Application for entry of summary judgment: Conditions 353C.160
Entry of judgment against debtor 353C.170
Recordation of judgment 353C.171
Withholding of income: State Controller authorized to require employer to withhold income to satisfy judgment 353C.172
Withholding of income: Notice to person who is subject to withholding. 353C.173
Withholding of income: Filing of contest 353C.174
Withholding of income: Notice to employer. 353C.175
Withholding of income: Duties of employer upon receipt of notice to withhold. 353C.176
Withholding of income: Notice to withhold binding on employer 353C.177
Withholding of income: Unlawful for employer to use withholding as basis for refusing to hire, discharging or taking disciplinary action against employee 353C.178
Withholding of income: Enforcement proceedings against employer for refusal to withhold or misrepresentation of employee’s income 353C.179
Withholding of income: Immunity of employer and State Controller. 353C.180
Certificate of liability: Contents 353C.190
State Controller may offset debt with amount owed to debtor by state agency 353C.195
State Controller required to act as collection agent for state agencies 353C.196
Limitation on refund for overpayment of debt 353C.198
Appointment of agent to file application for summary judgment or record certificate of liability against debtor. 353C.200
Contract with private debt collector: Conditions 353C.210
Notice of debt and demand to transmit to persons possessing or controlling credits or other personal property of, or owing debts to, debtor 353C.220
Bad debts: Designation 353C.222
Selling certain debt in lieu of requesting designation of debt as bad debt 353C.224
Distribution of money collected from debtor. 353C.226
Debt Recovery Account: Creation 353C.230
Remedies of state are supplemental 353C.240
Development and operation of system for matching data to collect debts: Duties and liability of State Controller and financial institutions 353C.1955
Date for accrual of interest 353C.1965
State Controller required to establish and maintain list of persons who owe debt assigned for collection
Last Updated

Feb. 5, 2021

§ 353C.195’s source at nv​.us