HARRY HUGHES, Governor

3439

44.

(A)  FOR ANY DEBT NOT EXCEPTED BY LAW FROM THE UNIT'S
RESPONSIBILITIES UNDER ARTICLE 41, § 71(C-1) OR OTHERWISE,
THE UNIT MAY CERTIFY TO THE COMPTROLLER THE EXISTENCE OF ANY
DEBT WHICH HAS BEEN REFERRED TO IT FOR COLLECTION BY A STATE
AGENCY PURSUANT TO SUBSECTION (B) AND REQUEST THE
COMPTROLLER TO WITHHOLD ANY REFUND TO WHICH A PERSON IS
ENTITLED BY THE SUM CERTIFIED. HOWEVER, A DEBT MAY NOT BE
WITHHELD IF THE STATE AGENCY OR THE UNIT HAS BEEN ADVISED BY
THE ATTORNEY GENERAL THAT THE VALIDITY OF THE DEBT IS
LEGITIMATELY IN DISPUTE OR AN ALTERNATE MEANS OF COLLECTION
IS PENDING AND BELIEVED TO BE ADEQUATE.

(B) (1) THE DEPARTMENT OF BUDGET AND FISCAL PLANNING
SHALL, BY RULE OR REGULATION, ESTABLISH THOSE CLASSES OR
CATEGORIES OF DEBTS, INCLUDING ANY MINIMUM DEBT AMOUNT,
WHICH MAY BE REFERRED TO THE UNIT FOR WITHHOLDING.

(2) IE MORE THAN ONE STATE AGENCY IS OWED MONEY
BY THE SAME PERSON THEN ANY AMOUNT WITHHELD FROM A REFUND
SHALL BE APPLIED IN THE ORDER OF REFERRAL OF THE DEBT BY THE
STATE AGENCIES.

(C)  THE WITHHOLDING OF A REFUND AUTHORIZED BY THIS
SUBTITLE DOES NOT PRECLUDE USE OF ANY OTHER REMEDY PROVIDED
BY LAW FOR THE COLLECTION OF DEBTS OWED TO THE STATE OF
MARYLAND AND THIS SUBTITLE SHALL BE LIBERALLY CONSTRUED TO
EFFECTUATE ITS PURPOSES. HOWEVER, THIS SUBTITLE SHALL BE
INTERPRETED IN A MANNER WHICH DOES NOT DEPRIVE A PERSON OF
ANY RIGHTS OR DEFENSES THAT WOULD BE AVAILABLE TO THAT
PERSON IN DEFENDING AGAINST A CLAIM OF SETOFF INCIDENT TO A
JUDICIAL PROCEEDING.

45.

(A) AT LEAST 30 CALENDAR DAYS PRIOR TO CERTIFICATION
OF A DEBT TO THE COMPTROLLER, THE UNIT SHALL NOTIFY THE
PERSON IN WRITING THAT IT INTENDS TO REQUEST THE COMPTROLLER
TO WITHHOLD ANY REFUND DUE THE PERSON. THE NOTICE SHALL
ADVISE THE PERSON OF:

(1)  THE AMOUNT DUE AND OWING;

(2)  THE BASIS OF THE DEBT;

(3)  THE OPPORTUNITY TO REQUEST AN INVESTIGATION
OF THE DEBT;

(4)  THE OPPORTUNITY TO CONTEST ANY ADVERSE
DETERMINATION AFTER AN INVESTIGATION IN A HEARING BEFORE THE
UNIT; AND

(5)  THE RIGHT TO A JUDICIAL APPEAL OF A FINAL
ACTION BY THE UNIT.