1997 Minnesota Statutes

     16D.08 Collection duties and powers. 

    Subdivision 1.    Duties.  The commissioner shall take 
 all reasonable and cost-effective actions to collect debts 
 referred to the commissioner. 

    Subd. 2.    Powers.  In addition to the collection 
 remedies available to private collection agencies in this state, 
 the commissioner, with legal assistance from the attorney 
 general, may utilize any statutory authority granted to a 
 referring agency for purposes of collecting debt owed to that 
 referring agency.  The commissioner may also delegate to the 
 enterprise the tax collection remedies in sections 270.06, 
 clauses (7) and (17), excluding the power to subpoena witnesses; 
 270.66; 270.69, excluding subdivisions 7 and 13; 270.70, 
 excluding subdivision 14; 270.7001 to 270.72; and 290.92, 
 subdivision 23, except that a continuous wage levy under section 
 290.92, subdivision 23, is only effective for 70 days, unless no 
 competing wage garnishments, executions, or levies are served 
 within the 70-day period, in which case a wage levy is 
 continuous until a competing garnishment, execution, or levy is 
 served in the second or a succeeding 70-day period, in which 
 case a continuous wage levy is effective for the remainder of 
 that period.  A debtor who qualifies for cancellation of the 
 collection penalty under section 16D.11, subdivision 3, clause 
 (1), can apply to the commissioner for reduction or release of a 
 continuous wage levy, if the debtor establishes that the debtor 
 needs all or a portion of the wages being levied upon to pay for 
 essential living expenses, such as food, clothing, shelter, 
 medical care, or expenses necessary for maintaining employment.  
 The commissioner's determination not to reduce or release a 
 continuous wage levy is appealable to district court.  The word 
 "tax" or "taxes" when used in the tax collection statutes listed 
 in this subdivision also means debts referred under this 
 chapter.  For debts other than state taxes or child support, 
 before any of the tax collection remedies listed in this 
 subdivision can be used, except for the remedies in section 
 270.06, clauses (7) and (17), if the referring agency has not 
 already obtained a judgment or filed a lien, the commissioner 
 must first obtain a judgment against the debtor.  

    HIST: 1994 c 632 art 3 s 42; 1995 c 254 art 5 s 8; 1996 c 390 
 s 21