§295.500. Processing a Certification Under Applicable Sections of the Code  


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  • This Section governs the processing of a certification under applicable Sections of the Code.

     

    a)         Before making a remittance, the Comptroller shall review the statement of notification provided by the claimant notifying the Comptroller of the certified amounts delinquent.

     

    b)         The Comptroller shall charge the State agency that submits a voucher against which a remittance is applied for the eligible  amount of the voucher submitted.  The Comptroller shall draw a warrant on the treasury or on other funds held by the State Treasurer in the amount of the claim eligible to be remitted and deposit that warrant into the State Offset Claims Fund.  The State Offset Claims Fund is a trust fund established and administered by the Comptroller for the deposit of monies from a person's warrant pursuant to an offset and the subsequent payment of monies back to either the State agency requesting the offset or the original payee.  The State Offset Claims Fund shall be used for the Comptroller's deposit of monies back to either the payee subject to the remittance or the claimant. If, after 60 days have elapsed from the date the Comptroller gives notice of the remittance as prescribed in Section 295.600(a), no protest is made by the payee subject to the remittance, the Comptroller shall issue a warrant on the State Offset Claims Fund for the amount of that deposit to the claimant entitled to the remittance.  If a protest conforming to the requirements of Section 295.600(b) is made, the Comptroller shall not issue the warrant to the claimant until the Comptroller ascertains the amount due and payable as provided in Section 295.600(c).

     

    c)         If the Comptroller receives a proper statement of notification for a remittance after he or she has drawn a warrant, the Comptroller shall, if feasible, reprocess the warrant in order that the remittance provided for in this Part may be implemented.

     

    d)         If the amount of the claim eligible to be remitted is less than the amount to which the payee is entitled, the Comptroller shall draw a warrant for the balance of the amount of the voucher against which the Comptroller has made the remittance and shall issue that warrant to the payee subject to the remittance.