West Virginia Code § 14-1A-3

Division Established
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(a) The Auditor may establish a "Debt Resolution Services Division" to be administered by
the employees of his or her office, which may identify and offset state payments due to
vendors, contractors, or taxpayers that owe delinquent debts to the state.
(b) The division may also administer the United States Treasury Offset Program established
pursuant to section thirty-seven, article one, of this chapter, except for the portion of the
program set forth in subdivision (2), subsection (j), section eleven, article ten, chapter eleven
of this code, that is administered by the State Tax Commissioner: Provided, That an offset
exercised against a vendor, contractor, or taxpayer pursuant to tuhe United States Treasury
Offset Program shall be made subsequent to any offset authorized pursuant to subsection (a)
of this section. t
(c) The division shall adopt such procedures, forms, and agreements as the Auditor considers
necessary to effectuate the purposes of this article. All spending units of the state, except for
the State Tax Commissioner and any other entity oltherwise exempted by law, may refer
delinquent debt to the division for consideratison for offset and shall certify to the Auditor
that all applicable due process requirements have been met. All spending units, upon
request by the Auditor, shall provide the division with information related to debts owed to
the state, unless such disclosure is pgrohibited by law. The Auditor is not required to accept
the transfer of any debt from any spending unit which the Auditor finds is not qualified for
offset. e
(d) The Auditor shall deposit any moneys offset pursuant to this article to the account or
fund of the spending unit to which the debt, if otherwise paid, would be deposited.

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