1. (a) The division responsible for determining an obligation is owed the department shall cause a first demand letter to be sent no later than 30 days after the obligation becomes delinquent. If no satisfactory response is received within 30 days after the date of the first letter, the division shall refer the matter to the chief legal officer who shall cause a second demand letter to be sent no later than 60 days after the first demand letter and include a notation that a copy is being sent to the attorney general who may file a lawsuit on the account.
2. (b) Demand letters should be mailed in envelopes bearing the notation "address correction requested" and shall comply with applicable requirements for address verification in 39 Code of Federal Regulations §265(d). If an address correction is provided by the United States Postal Service, the demand letter should be sent to the corrected address prior to being referred to the attorney general for collection.
3. (c) This section shall not apply to the collection of debts or overpayments arising out of the Child and Adult Care Food Program (CACFP), 7 CFR Part 226, or the Summer Food Service Program (SFSP), 7 CFR Part 225. CACFP collection procedures are set forth in 7 CFR §226.14. SFSP collection procedures are set forth in 7 CFR §225.12.

Source Note:The provisions of this §1.52 adopted to be effective August 3, 1993, 18 TexReg 4747; amended to be effective June 24, 2012, 37 TexReg 4409.