Section 641.179.2. Definitions.

For purposes of this rule, the following definitions apply:

“Debtor”  means any person who owes a debt to the department.

“Department”  means the Iowa department of public health.

“Income offset program”  means the program established in Iowa Code section 8A.504 through which the department of administrative services coordinates with state agencies to satisfy liabilities owed to those state agencies.

“Liability”    or   “debt”   means a “qualifying debt” as defined in Iowa Code section 8A.504(1) or any liquidated sum due, owing, and payable by a debtor to the department. Such liquidated sum may be accrued through contract, subrogation, tort, operation of law, or any legal theory regardless of whether there is an outstanding judgment for that sum.

“Liquidated”  means that the amount of the claim or debt is definite, determined, and fixed by agreement of the parties, by operation of law, or through court or administrative proceedings.

“Notification of offset”  means receipt of actual notice by the department from the department of administrative services that the debtor is entitled to a payment that qualifies for offset.

“Offset”  means to set off liabilities owed by a person to the department against claims owed to persons by public agencies.

“Person”  means an individual, corporation, business trust, estate, trust, partnership or association, or any other legal entity, but does not include a state agency.

“Preoffset notice”  means the notice required by rule 641—179.4(8A).

[ARC 2567C, IAB 6/8/16, effective 7/13/16]