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RSCC Policy BA-08-01; Collection of Accounts Receivable

RSCC Policy BA-08-01; Collection of Accounts Receivable

Roane State Community College
Policy Number: BA-08-01
Subject: Collection of Accounts Receivable

This policy applies to the collection of all accounts and notes receivable by Roane State Community College (RSCC). RSCC, to the maximum extent practical, requires payment in advance for all services or goods to avoid the creation of receivables.

  1. General
    1. RSCC Policy on Payment of Fees. The Tennessee Board of Regent's policy, Payment of Student Fees & Enrollment 4:01:03:00 requires (with limited exceptions) that all assessed fees be paid in advance by a student before he or she is considered enrolled for any academic term.
    2. Types of Receivables. Accounts and notes receivable may be generated from programs and activities include, but not limited to:
      1. Deferred Payment Plans
      2. Traffic and Parking Fines
      3. Bad Checks
      4. Contracts
      5. Property Rental
      6. Damage, loss, or liability to the institution by others
      7. Financial Aid Adjustments
    3. Statute of Limitations. Pursuant to TCA Section 28-1-113, there is no time limit on RSCC’s authority to collect receivables unless otherwise expressly provided by statute.
  2. General Collection Procedures
    1. RSCC Procedure. RSCC shall establish a systematic process and procedure for collecting receivables from all persons, including student, non-students, and employees.
    2. Billing. Collection shall begin no later than thirty days after the obligation has been incurred or other fixed due date.
    3. Delinquent Accounts. A minimum of 4 billings or letters of contact shall be sent by RSCC in thirty-day intervals once an account becomes delinquent. For debts greater than $100.00, the fourth letter should indicate that the account will be referred to a collection agency if payment is not received by a specified date. If balance exceeds $999.99, the 4th letter is sent by certified mail. Otherwise, certified mail is optional.
    4. Defaulted Accounts. Receivables of $100.00 or more shall be referred to a collection agency if RSCC’s collection efforts are unsuccessful. The account should be submitted to the collection agency within 45 days after the fourth letter is sent if the debtor has not responded. Referral of account under $100.00 to a collection agency is not required. No additional collection efforts are required for receivables under $100.00 except as provided under Enrollment and Record Holds and Employee Receivables. See Section VIII for write-off procedures.
    5. Record Holds. RSCC is authorized to issue diplomas, certificates of credit, or official transcripts only after the student involved has satisfied all debts or obligations owed to the college, including, but not limited to, its bookstores, libraries or food service centers. However, this does not prevent the conferring of the degree.
      1. The transcript limitation does not apply to debts of less than one-hundred dollars ($100.00).
      2. This limitation shall not apply to debts or obligations:

        1. Evidenced by notes or other written contracts providing for future payment, such as, but not limited to, loans authorized under federal or state education or student assistance acts. This is due to the fact they owe the lender not RSCC.
        2. An amount owed under RSCC’s installment payment plan for enrollment fees which is not yet due shall not cause a hold to be applied.
      3. RSCC may issue a certificate of credit or official transcript for a student seeking admission to a community college in the Tennessee Board of Regents (TBR) system if that student has entered a written agreement (acknowledge of debt/promise to pay) to satisfy the outstanding debt or obligation owed to RSCC. Any certificate of credit or official transcript so issued shall indicate that it is subject to an outstanding debt owed to RSCC.
    6. Enrollment Holds

      1. A student must pay any past due debts and obligations owed to RSCC incurred in prior academic terms before being permitted to register unless the debt is less than $100 or an acknowledgement of debt/promise to pay agreement (see section II G) for the prior debt or obligation has been executed.
      2. RSCC shall allow enrollment when the outstanding obligation is less than $100.
      3. Debts and obligations to RSCC incurred during the current term of $100 or greater must be satisfied prior to the student being allowed to pre-register for any future terms.
      4. An amount owed under the deferred payment plan for enrollment fees which is not yet due shall not cause an enrollment hold to be applied.
      5. A student that is currently assigned to a collection agency will be allowed to register if the student signs an agreement (acknowledgement of debt/promise to pay) that acknowledges they will not be allowed to receive a diploma, certificate of credit or official transcript until the debt is paid in full. The student will not be recalled from the collection agency.
    7. Acknowledgement of Debt/Promise Agreement for Prior Debt and Obligations. A student that has prior outstanding debt and was not enrolled in the preceding semester (excluding summer semester) may execute an acknowledgement of debt/promise to pay agreement with RSCC and will be allowed to register.

      1. The agreement will require that the debt be fully satisfied before a diploma or degree will be issued.
      2. The agreement will require continuous enrollment (Fall and Spring). If continuous enrollment is not maintained RSCC may continue with normal collection procedures.
      3. A student may only ever execute one such agreement with RSCC.
      4. "Continuous enrollment" means a student is enrolled in the fall and spring semesters of a single academic year unless granted a medical or personal leave of absence. Allowable medical or personal reasons may include illness of the student; illness or death of an immediate family member; extreme financial hardship of the student or student’s immediate family; fulfillment of a religious commitment encouraged of members of that faith; fulfillment of required initial active duty for training as a National Guard or Reserve member or for National Guard or Reserve mobilization.
    8. Aging. All receivables should be aged at least annually.
    9. Documentation. Accurate records of correspondence, telephone calls, and personal contacts with borrowers shall be maintained. RSCC shall comply with record maintenance, safekeeping, and retention regulations for federally funded loans.
  3. Employee Receivables

    1. Procedure for Withholding. Employee receivables (including student employees) may result from, among other things, traffic and parking fines, library fines, RSCC services or bad checks.

      1. In order to recoup the amount owed from the employee's paycheck, notice of intent to withhold must be sent to the employee by registered or certified mail, or personally delivered.

        1. The notice should inform the employee of the amount alleged to be owed and should specify that he may elect to pay the debt in full, authorize deductions from his paycheck or, if the employee is terminating, the check for accrued but unused annual leave, or contest the intent to withhold through a RSCC or a Tennessee Uniform Administrative Procedures Act (TUAPA) hearing.
        2. Subsequent to receiving a pre-deprivation notice of the debt owing, the employee, within 15 calendar days of receipt of such notice must:

          1. Pay the debt in full
          2. Authorize RSCC to withhold a designated amount from each subsequent paycheck or, if the employee is terminating, from the accrued but unused annual leave until the debt is paid in full
          3. Elect to contest the intent to withhold through an institutional hearing; or,
          4. Elect to contest the intent to withhold through a contested case hearing held pursuant to the TUAPA, TCA Section 4-5-301, and et. seq.
      2. If the employee elects an institutional hearing, the employee shall appear on behalf of himself but is entitled to be advised by counsel.

        1. The Vice President of Business and Finance or his/her representative, or a representative of the department involved in the debt, shall be present to represent RSCC.
        2. The case will be heard before one hearing officer designated to hear all cases on that date.
        3. The hearing officer must be an individual who is not so closely connected with the collection of the debt that he/she cannot render an unbiased and objective decision on the validity of the debt.
        4. Such hearing should be held within one week of the decision to elect the hearing.
        5. The hearing officer shall render his/her decision on the validity of the debt. If the debt is ruled valid, the debt shall be deducted from the employee's payroll check beginning at the end of the next appropriate pay period in accordance with deduction schedules.
        6. If the employee elects a TUAPA hearing, TBR's Office of General Counsel should be notified immediately.
        7. If the employee refuses to pay, authorize deduction, or specify or waive a hearing process, a TUAPA hearing must be initiated.
        8. The employee's failure to appear at either an institutional or TUAPA hearing will constitute default, or, if a prima facie case is presented that the debt is owed, it will be deemed valid; the appropriate deductions may then be made.
        9. Additionally, if a TUAPA hearing, a Default Order must be issued.
        10. If the employee does not appeal the Default Order, funds may be deducted as specified.
    2. Limitations on Amounts to be withheld. The deduction from any check shall not exceed the maximum deductible under state garnishment laws.

      1. The maximum amount of disposable earnings of an individual for any work week which is subjected to garnishment may not exceed:

        1. Twenty-five percent (25%) of his disposable earnings for that week; or
        2. Thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, whichever is less.
      2. In the case of earnings from any pay period other than a week, an equivalent amount shall be in effect.
      3. These limits are applicable to retirement funds, but are not applicable to checks for accumulated annual leave.
      4. Additionally, the above limits do not apply to employee overpayments.
    3. Retirement Funds. If a former employee is found to owe a debt to the state, retirement funds may also be utilized to pay off the amount owing.

      1. The same procedural steps outlined in III.A. for notice and the opportunity for a hearing must be followed.
      2. Accumulated retirement contributions of a former employee terminated for any reason and for which he has made application, or monthly benefits of a retired employee are subject to withholding.
      3. A copy of the final order resulting from an institutional or TUAPA hearing, or a signed waiver of hearing and written agreement of the former employee authorizing deductions should be sent to the director of the retirement system along with a written request to withhold, specifying the reason for the claim and the total amount involved.
    4. Recovery of Overpayments to Employees. Unlike cases in which the employee owes RSCC money, in instances of overpayments to employees, there is no obligation to provide a hearing.

      1. RSCC is obligated, however, to attempt to recoup the funds. RSCC should advise the employee in writing of the overpayment and the institution’s proposed actions to correct the overpayment.
      2. The method of repayment will depend upon the amount of the overpayment, the time which has elapsed between the overpayment and its discovery, the hardship which immediate repayment might cause the employee because of amount of current salary and personal expenses, the culpability of the employee in not reporting the overpayment, and the longevity as well as the expectation that the employee will remain in state government until the repayment is completed.
      3. If the current employee receives overpayment, the refund may be in one of the following ways:

        1. Repayment by the employee by cash or check or electronically or,
        2. Adjustment of deductions to be made automatically from the employee’s paycheck, with either a single deduction or a series of deductions made from each paycheck until the full amount is recovered.
        3. The amount of partial payments recovered by the latter method should be reasonable and systematic so that full recovery will be completed within the shortest period possible.
      4. If overpayment is discovered after the employee terminates employment with the state, an account receivable should be established.

        1. The former employee should be notified of the overpayment, the circumstances of the overpayment and a request that the employee contact the appropriate campus official.
        2. If the employee has not received his final paycheck, the appropriate deduction from that check can be made.
        3. If the final paycheck has been received, negotiations for reimbursement should be initiated.
        4. If repayment cannot be negotiated or collected, the account should be turned over to the collection agency.
        5. In the event collection is not possible, proper write-off procedures should be followed.
      5. In instances where the employee has agreed to systematic deduction(s) from his paycheck(s), written authorization from the employee is encouraged.
      6. RSCC shall draft forms to document overpayments, the steps taken to recoup same, any negotiated repayment plan, the amounts received, and any write-off of the overpayment.
  4. Dishonored Payments

    1. Enrollment Fees. Pursuant to the TBR policy 4:01:03:00, if any student tenders payment of fees by a check or credit card that is subsequently dishonored by the bank, and the payment is not redeemed within the time period specified below, the institution has the option to not consider that student enrolled at the institution.

      1. The student will be considered enrolled and will be assessed the applicable returned check fee, and will be denied grade reports, transcripts and future registration privileges until such dishonored payment is redeemed.
      2. RSCC may deny future check writing privileges to students that have paid registration fees with checks that are subsequently dishonored.
      3. A student paying enrollment fees with a check that is dishonored must redeem the check within 10 calendar days from receipt of the notice.

        1. Notice should be sent by RSCC to the student no more than three (3) working days from the receipt of notice of the returned check from the bank.
        2. Notice by certified mail is optional.
        3. The institution will have five (5) working days after the expiration of the five (5) calendar days to pursue any additional collection efforts deemed necessary.
        4. Immediately after the five (5) working days, the student will be deleted if the check has not been redeemed in full if that is the option selected by RSCC.
        5. Enrollment for students de-enrolled for bad checks should be reversed.
    2. Non-Student or Non-Employee. Any person other than a student or employee who tenders a check for payment for goods or services that is subsequently dishonored shall be given the opportunity to redeem check. The person shall be given notice of the dishonored check demanding payment within five (5) days.
    3. Collection of Dishonored Checks. A check presented for payment of any goods or services that is subsequently dishonored shall be treated as an account receivable under Section II. Any transactions that have been processed should be reversed when possible and appropriate.
    4. Future Check-Writing. Receipt of three or more returned checks from any person may result in that person becoming ineligible to make payments by check thereafter, or to have any check cashed at RSCC. A record of individuals who have written returned checks should be maintained.
  5. Collection Agencies

    1. General. The Tennessee Board of Regents shall provide, on a system-wide basis, collection services through one or more companies.

      1. The service should provide for the referral of all types of delinquent accounts and notes from RSCC to the designated company only after campus collection efforts have been exhausted.
      2. The terms of the contract and Request for Proposal govern all collection actions.
    2. Billing Services. RSCC may use an outside billing service to collect payments on accounts receivable. The service should be familiar with all provisions of loan programs and provide prompt, clear and accurate bills.
    3. Credit Bureaus. RSCC may report all loans when made to a credit bureau. RSCC must obtain the borrower’s consent to report loans not in default by including a statement in the promissory note or some other document that is signed by the borrower at the time the loan is made.
    4. Collection Agency. Accounts that are still delinquent 30 days after the final collection letter should be turned over to a collection agency. Receivables less than $100.00 are not required to be turned over to a collection agency.
    5. Reporting Requirements. The collection agency should be required to report the status of delinquent loans periodically to RSCC and TBR.
    6. Revised Repayment Plan. A revised repayment plan agreement should be signed by the borrower if the borrower returns to repayment status.
    7. Recalling Accounts from Collection Agency. No account should be recalled from a collection agency other than debts eligible for deferment, postponement, cancellation, bankruptcy, death, disability or some other mitigating circumstance (institutional error, etc.).
      1. No account should be recalled in order for a borrower to re-enroll or obtain a transcript.
      2. A student who is currently assigned to a collection agency will be allowed to register if the student signs a repayment agreement that acknowledges they will not be allowed to graduate until the debt is paid in full. The student account will not be recalled from the collection agency.
  6. Litigation

    1. General. After all other attempts at collection have failed, RSCC must authorize litigation of accounts of $2,000.00 or more providing litigation costs do not exceed the amount that can be recovered. Generally, the collection services contract will provide for litigation where appropriate.
    2. Federal Loans. If a Federal loan cannot be litigated for any of the following reasons, it should be assigned to the U.S. Department of Education:

      1. Borrower has no assets
      2. Address unknown
      3. Debtor is incarcerated
      4. Debtor is on Public Assistance
      5. Unable to serve borrower with court papers
      6. Litigation is in process and debtor skips
      7. Expected cost of litigation exceeds amount to be recovered from borrower
  7. Bankruptcy

    1. General Information - RSCC shall designate a bankruptcy contact person to serve as a liaison between RSCC and the Attorney General's office.

      1. Once notice of, or a petition for, bankruptcy is received, all collection efforts against the debtor must cease immediately.
      2. If the account is at a collection agency, the file must be returned to RSCC immediately.
      3. RSCC should immediately forward the file to the Attorney General’s office with a Referral Form and the documentation specified on the Referral Form.
      4. RSCC shall also provide a copy of this information to the TBR General Counsel’s office.
      5. The Attorney General’s office will advise RSCC when and if the collection efforts may resume, depending on the debt’s discharge ability.

        1. NOTE: Effective for actions filed on or after 5-28-91, the period during which an educational loan may not generally be discharged will increase from five (5) years to seven (7) years.
        2. This period is calculated from the date the loan first came due to the date the bankruptcy action was filed, exclusive of periods during which repayment obligations are suspended.
        3. Additionally, obligations to repay an "educational benefit" provided by a governmental unit or under a program funded by a government unit or non-profit institution will be excepted from discharge during the same seven year period under either Chapter 7 or 13 unless the borrower establishes that repayment constitutes undue hardship.
    2. Chapter 7 - (Liquidation) Upon receiving any notice of the filing of a petition, all collection efforts against the debtor must be suspended immediately until the bankruptcy has been discharged.

      1. Collection efforts may continue against an endorser.
      2. RSCC shall immediately forward the file to the Attorney General's office with a Referral Form and the documentation specified on the Referral Form.
      3. A copy of this information should also be provided to the TBR General Counsel's office.
      4. Educational loans: If the date of bankruptcy filing is after the expiration of the exception period, the loan should be written off once the notice of discharge is received unless there is some other basis upon which to challenge discharge ability.

        1. The Attorney General's office will contact RSCC to advise whether the debt is dischargeable.
        2. However, if there is an endorser, collection efforts may proceed against him.
        3. If the date of bankruptcy filing is before the expiration of the exception period, collection activity may be reinstated once the notice of discharge is received due to the self-executing nature of the discharge ability of the debt through an adversary proceeding.
        4. If RSCC is served with a summons and complaint, RSCC shall immediately fax to the Attorney General's bankruptcy unit a copy of the Summons and Complain, the debt payoff amount, the date the note went into repayment, and any deferment and/or forbearance history.
        5. A copy of this information should also be provided to the TBR General Counsel's office.
      5. Other debts: RSCC shall immediately forward the file to the Attorney General's office with a Referral Form and the documentation specified on the Referral Form.

        1. A copy of this information should also be provided to the TBR General Counsel's office.
        2. When the notice states "No assets," unless RSCC is a secured creditor (in which case a proof of claim would have been filed), the debt must be written off once the Attorney General's office provides RSCC with notice of discharge.
    3. Chapter 13 - (Reorganization)

      1. NOTE: For petitions filed on or after 11-5-90, an education loan is non-dischargeable if the loan first became due within five years calculated from the date the loan first came due to the date the bankruptcy action was filed, exclusive of periods during which repayment obligations are suspended.
      2. Effective for bankruptcies filed on or after 5-28-91, that same five (5) year period was increased to seven (7) years. See NOTE above for further details.
      3. Regardless of the date of filing or the nature of the debt owing, upon receiving any notice of the filing of a petition, all collection efforts against the debtor and endorser must cease immediately.

        1. RSCC shall immediately forward the file to the Attorney General's office with a Referral Form and the documentation specified on the Referral Form.
        2. A copy of this information should also be provided to the TBR General Counsel's office.
        3. The Attorney General's office will advise RSCC whether the debt is dischargeable and the extent to which collection activities may be reinstated.
      4. If the seven (7) year exception period applies and the debtor serves RSCC with a summons and complaint, RSCC shall immediately fax to the Attorney General's bankruptcy unit a copy of the Summons and Complaint, the debt payoff amount, the date the note went into repayment, and any deferment and/or forbearance history. A copy of this information should also be provided to the TBR General Counsel's office.
      5. Other debts: RSCC shall immediately forward the file to the Attorney General's and any documentation specified on the Referral Form.

        1. A copy of this information should also be provided to the TBR General Counsel's office.
        2. The Attorney General's office will advise RSCC as to the discharge ability of the debt.
  8. Write Offs

    1. Authority. The Tennessee Board of Regents and RSCC are authorized to write off uncollectible receivables pursuant to policies outlined in Chapter 0620-1-9 of the rules of the Department of Finance and Administration.

      1. This includes the write-off of any account of five thousand dollars ($5,000.00) or greater and/or accounts aggregating twenty-five thousand dollars ($25,000.00) or more.
      2. Receivables submitted for write-off must have been subjected to appropriate collection efforts in accordance with this policy.
    2. Reserve. A reserve for doubtful accounts should be established for activities where accounts receivable represent a material amount to the activity income.

      1. The reserve should be reported in the financial records of RSCC.
      2. Receivables that prove to be uncollectible after prescribed collection efforts have been exhausted should be written off by a charge to the reserve for doubtful accounts after appropriate approvals are obtained.
    3. Approval. The proposed write-offs must be approved by RSCC officials not directly involved in the recording and collection of accounts receivable.

      1. RSCC's president and Vice President of Business and Finance should certify compliance with the prescribed statute and collection guidelines.
      2. The accounts submitted for write-off should be single accounts of $5,000.00 or more and/or accounts aggregating $25,000.00 or more. The write-off request summary and certification, along with a detailed list of the accounts, should be submitted to the Vice Chancellor for Business and Finance's office for approval.
      3. The write-off request must be approved by the Chancellor or his designate and General Counsel and forwarded by TBR for approval by the Commissioner of Finance and Administration and the Comptroller of the Treasury. TBR will send approved write-offs to RSCC for the appropriate accounting.
      4. Requests for the write-off of single accounts of less than $5,000.00 and/or accounts aggregating less than $25,000.00 shall be approved at RSCC's level by the appropriate officials. These requests do not require additional approval by TBR or State Departments.
    4. State/TBR Employees. Any debtors identified by the TBR of State as employees with debts $50 and above will not be approved for write-off.

      1. Information on RSCC will be returned to RSCC for additional collection efforts.
      2. If the debtor is a state employee, the Chief Business Officer of the department employing the debtor should be notified.
      3. The department employing the individual will be responsible for taking the appropriate action to collect the debt.
      4. If the department is unsuccessful in collecting the debt, written notification will be sent to RSCC. The written notification shall be submitted with the next write-off request for approval.
      5. If the debtor works for another TBR institution the VP for Business & Financee should be notified and will be responsible for collecting the debts utilizing the steps in Section III, Employee Receivables, of this policy.

        1. Written notification should be sent to the requesting institution if collection efforts are unsuccessful.
        2. The written notification shall be submitted with the next write-off request for approval.
        3. RSCC may agree to payment through payroll deductions if the employee signs a payroll deduction authorization.
    5. Former TBR Employees. If a debt or obligation was incurred while a TBR employee, the debt constitutes an account receivable, refer to Section II.
    6. Holds on Written Off Receivables. A hold on transcripts and future registration will continue until the debt is cleared for former students whose receivables were written off if the debt was one-hundred ($100.00) dollars or more with the following exception.

      1. RSCC will continue to withhold certificates of credit, diplomas, grade reports, and transcripts for these accounts until they are paid in full or meet the criteria established in T.C.A. Section 49-9-108.
      2. A student who has a prior outstanding debt and was not enrolled in the preceding semester (excluding summer semester) may execute a repayment agreement with RSCC and be allowed to register. The repayment agreement will require that the debt be fully satisfied before a diploma or degree will be issued. A student may only ever execute one such repayment with RSCC.
  9. Gramm-Leach-Bliley Act (GLBA) Contract Clause

    1. Include the standard language printed below in all future contracts with third party service providers that have access to the institution’s customers’ non-public financial information.

      1. “Throughout the term of this Agreement, Service Provider shall implement and maintain ‘appropriate safeguards,’ as that term is used in § 314.4(d) of the Federal Trade Commission (FTC) Safeguard Rule, 16 C.F.R. § 314, for all ‘customer information,’ as that term is defined in § 314.2(b) of the FTC Safeguard Rule, delivered to Service Provider by Institution pursuant to this Agreement.
      2. The Service Provider shall implement an Information Security Program (‘the Program’) as required by the FTC Safeguard Rule.
      3. Service Provider shall promptly notify the institution, in writing, of each instance of;

        1. Unauthorized access to or use of that nonpublic financial customer information that could result in substantial harm or inconvenience to a customer of the institution or
        2. Unauthorized disclosure, misuse, alteration, destruction or other compromise of that nonpublic financial customer information.
      4. Service Provider shall forever defend and hold RSCC harmless from all claims, liabilities, damages, or judgments involving a third party, including RSCC’s costs and attorney fees, which arise as a result of Service Provider’s failure to meet any of its obligations under this provision.
      5. Service Provider shall further agree to reimburse the RSCC for its direct damages (e.g., costs to reconstruct lost or altered information) resulting from any security breach, loss, or alteration of nonpublic financial customer information caused by the Service Provider or its subcontractors or agents.
      6. Service Provider grants RSCC the right to conduct on-site audits, as deemed necessary by RSCC, of the Service Provider’s Program to ensure the integrity of the Service Provider’s safeguarding of the Institution’s customers’ nonpublic financial information.
      7. RSCC retains the right to unilaterally terminate the Agreement, without prior notice, if Service Provider has allowed a material breach of its Program in violation of its obligations under the Gram-Leach-Bliley Act (GLBA), if Service Provider has lost or materially altered nonpublic financial customer information, or if the institution reasonably determines that Service Provider’s Program is inadequate.
      8. Within thirty (30) days of the termination or expiration of this Agreement, Service Provider shall, at the election of RSCC, either: (1) return to the RSCC or (2) destroy (and shall cause each of its agents to destroy) all records, electronic or otherwise, in its or its agent’s possession that contain such nonpublic financial customer information and shall deliver to RSCC a written certification of the destruction.
TBR Policy Reference: 4:01:03:00
TBR Guideline Reference: B-010, B060
Original Date Effective: 04/22/2019
Original Approval By: Christopher L. Whaley, President
Office Responsible: Vice President for Business & Finance

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