1. (a) The executive director or his designee shall decide whether to refer a matter to the attorney general for collection. This decision should generally be made and any referral made no later than 60 days after the second demand letter is sent.
2. (b) Generally TRS will not refer for collection matters in which the amount to be recovered would be less than the total sum of expense to the agency and the attorney general for travel, employee time, court costs, and other relevant expenses. The executive director or his designee may from time to time establish a minimum dollar amount for claims to be referred for collection.
3. (c) The executive director or his designee may for policy reasons, actuarial reasons, or other good cause determine that a matter should be referred to the attorney general even if the amount to be recovered does not exceed the minimum established pursuant to this rule.

4. (d) In making a determination of whether to refer a matter to the attorney general the executive director or his designee shall consider:

   1. (1) expense of further collection procedures;
   2. (2) the size of the debt;
   3. (3) the existence of any security;
   4. (4) the possibility of collection or satisfaction of the debt through other means;
   5. (5) the likelihood of collection; and
   6. (6) any other relevant factors established by the executive director in his procedures.

5. (e) Before referring a matter to the attorney general the executive director or his designee shall:

   1. (1) verify the debtor's address and telephone number;
   2. (2) conclude that the obligation is not uncollectible; and
   3. (3) transmit no more than two demand letters to the debtor at the debtor's verified address.

Source Note:The provisions of this §49.3 adopted to be effective January 4, 1993, 17 TexReg 9037; amended to be effective June 9, 1999, 24 TexReg 4251.