04 NCAC 24B .1001          NOTICE OF REFERRAL

(a) Consistent with 31 U.S.C. 3716, DES shall notify each claimant by mail of its intent to refer the debt to the Treasury Offset Program (TOP) at least 60 days before submitting the debt to TOP.

(b)  Each notice shall include:

(1)           the claimant's name;

(2)           the type of debt;

(3)           the total amount of the referred debt;

(4)           the total amount of fees, as applicable;

(5)           the amount of assessed penalties, as applicable;

(6)           a citation to the legal authority that permits collection of the debt through TOP;

(7)           a clear statement of DES's intention to collect the debt through administrative offset;

(8)           a statement that the claimant may request a copy of DES's records that support the debt pursuant to Subchapter 04 NCAC 24A;

(9)           a statement of the claimant's right to request that DES reevaluate the debt;

(10)         the time period in which request for reevaluation shall be made;

(11)         a statement of the claimant's right to request to enter into a written repayment agreement with DES;

(12)         a mailing address to which payments shall be sent;

(13)         a mailing address and facsimile number to request a reevaluation of the debt;

(14)         a telephone number  to seek information regarding the notice;

(15)         the date that the notice was mailed to the claimant; and

(16)         instructions for paying the debt.

(c)  Claimants choosing to repay the debt after receiving notice shall make payment payable to Division of Employment Security and mail to Benefit Payment Control (BPC) Unit, Post Office Box 25903, Raleigh, NC 27611.  or remit by credit card on DES's website at, or by calling BPC at (919) 707-1338


History Note:        Authority G.S. 96-4; 96-18; 31 CFR 285; 26 U.S.C. 6402; 31 U.S.C. 3716;

Eff. July 1, 2015.