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9050.0520 MAINTENANCE CHARGE; DELINQUENT ACCOUNTS; INTEREST; DISCHARGE.

Subpart 1.

Interest on delinquent accounts.

A resident's account is considered delinquent if a resident willfully refuses or willfully fails to pay the bill by the due date. Residents must be notified if payment has not been received by the due date printed on the bill. Interest must be charged on all delinquent accounts, effective the date the bill was due, as provided in Minnesota Statutes, section 334.01. For purposes of this subpart, "willful refusal or willful failure to pay" means a situation in which:

A.

the decision of whether to pay is completely within the control of the resident or the resident's legal representative; or

B.

a resident or the resident's legal representative has the ability or resources to pay the maintenance charge and fails to pay.

Subp. 2.

Discharge for nonpayment.

Discharge proceedings must be instituted under part 9050.0200, subpart 3, item A, when an account is delinquent. Discharge proceedings for nonpayment must be stopped when full payment, including accrued interest, is made.

Statutory Authority:

MS s 198.003

History:

14 SR 2355; 18 SR 2254; 20 SR 2095

Published Electronically:

October 15, 2008

Official Publication of the State of Minnesota
Revisor of Statutes