Title 50, Chapter 16, Section 18
( 50-16-18)
(a) It is the intent of this Code section to implement the
provisions of Article III, Section VI, Paragraph VI of the
Constitution of the State of Georgia which generally prohibit
gratuities by devising an administrative mechanism which will ensure
that any obligation due the state is not pursued when it is manifest
that the account is uncollectable or when the costs of pursuing a
moderate indebtedness would create a greater obligation on the
treasury than the amount claimed and that there will be an
established procedure to scrutinize modest debts individually and,
when collection appears to be unlikely, to make a formal
administrative determination to conserve public moneys which would
otherwise be expended for unfruitful collection efforts. (b) All state agencies and departments, in order to preserve public
funds, are authorized to develop appropriate standards, in
conjunction with the Department of Audits and Accounts, which will
provide a mechanism to consider administratively discharging any
obligation or charge in favor of such agency or department when such
obligation or charge is $100.00 or any lesser amount. This procedure
shall not be available to such agency or department in those
instances where the obligor has more than one such debt or
obligation in any given fiscal year, and this provision shall be
construed in favor of the state agency or department so as not to
alter the unquestioned ability of such state agency or department to
pursue any debt, obligation, or claim in any amount whatsoever. In
those instances where a debt or obligation of $100.00 or less has
been deemed to be uncollectable, the proper individual making such
determination shall transmit a recapitulation of the efforts made to
collect the debt together with all other appropriate information,
which shall include a reasonable estimate of the cost to pursue
administratively or judicially the account together with a
recommendation to the commissioner of such state agency or
department. In those instances where the commissioner makes a
determination that further collection efforts would be detrimental
to the public's financial interest, a certificate reflecting this
determination shall be executed, and this certificate shall serve as
the authority to remove such uncollectable accounts from the
financial records of such state agency or department. Such
certificates shall be forwarded to the state auditor in a manner and
at such times as are reflected in the standards developed by the
state auditor and the state agency or department. |