(a) The chief examiner shall keep a docket in which shall be entered, in favor of the state, county, or municipality, as the case may be, cases against persons who have not properly and lawfully accounted for all sums of money coming into their hands as public officers, agents, or employees. If an amount found to be due the state, county, or other governmental unit or agency as a result of an examination or audit is not settled upon demand by the examiner, the chief examiner shall immediately issue notice to the person in default and require him or her to appear on a day certain and show cause why the amount due should not be paid. If the defaulting officer fails to settle or to show just cause why the amount due should not be collected, the chief examiner shall certify such facts and the amount due the state to the Attorney General, and the Attorney General shall bring a civil action in the name of the state against the officer and his or her bondsmen. If the amount due by the officer is in favor of the county or municipality, then the chief examiner shall certify to the district attorney of the circuit the amount or amounts so due, and the district attorney shall proceed to collect the amount by a civil action against the officer and his or her bondsmen.
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Terms Used In Alabama Code 41-5A-20

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b)

(1) If an overpayment, as defined in Section 41-5A-6, is discovered and a warrant on the State Treasury has been issued in excess of the amount due to a state employee, the appointing authority at the employing agency, the state Comptroller or the State Director of Personnel may compel the employee to return the amount paid in error immediately following the discovery of the error. The employee may return the amount due in a lump sum or in a payment plan agreed to by the employee and the entity seeking recovery of the overpayment.
(2) If an amount found to be due is not settled upon demand by the entity seeking recovery of the overpayment, the employee shall immediately be issued notice requiring him or her to appear on a day certain and show just cause why the amount due should not be collected. If the employee fails to settle or show just cause why the amount due should not be collected, the entity seeking recovery of the overpayment shall certify the facts and the amount due to the chief examiner and the Attorney General. The Attorney General may bring a civil action in the name of the state against the employee.
(3) The Attorney General must notify the entity seeking recovery of the overpayment of his or her intent not to pursue civil action within 60 days of receiving the certified facts, and the appointing authority at the employing agency, the state Comptroller or the State Director of Personnel may instead bring a civil action in the name of the state against the employee.
(4) Notwithstanding subdivisions (1) to (3), inclusive, nothing in this section shall be construed to infringe upon or circumvent any duties or powers of the Department of Examiners of Public Accounts or the Attorney General.
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