August 10, 1982
Subject:
Counties; Social Services; Set-Off Debt Collection Act, General Statutes Chapter 105A.
Requested By:
Lew Gary Darden Fraud Investigator Sampson County Department of Social Services
Question:
May the Attorney General’s Office act on behalf of counties under the Set-off Debt Collection Act?
Conclusion:
No.
You have asked whether the Attorney General’s Office can act under N.C.G.S. § 105A-2(1)h on behalf of counties that have obtained judgments against social services recipients. We do not construe the applicable statutes to authorize the Attorney General’s Office to so act.
N.C.G.S. § 105A-2(1)h provides that the Attorney General’s Office is a "claimant agency" for the purpose of "acting on behalf of any State agency when the claim has been reduced to a judgment." (Emphasis added) Under subdivisions c and d of § 105A-2, a county is defined as a "claimant agency" for the purpose of Medicaid and Title IV-D collections. The statute does not, however, define a county as a "State agency" for such purpose.
It is our opinion, therefore, that the Attorney General’s Office may represent only State agencies, as that term is generally understood, for collections under Chapter 105A and that it is not authorized to represent counties for such purposes.
You have also inquired whether Chapter 105A was amended by the 1982 Session of the General Assembly. We have been informed by the Legislative Services Office of the General Assembly that Chapter 105A was not amended by the 1982 Session.
Rufus L. Edmisten Attorney General
Henry T. Rosser Assistant Attorney General