28-6542. Incorrect distributions;
adjustments
A. If the department determines that any of the amounts allocated and distributed
as provided in this chapter during the preceding twenty-four months are incorrect, the
department shall adjust future monthly allocations to correct any overages or shortages
as provided in this section. The state treasurer shall distribute revenues in accordance
with the adjusted allocations determined pursuant to this section.
B. An adjustment to the amount allocated and distributed shall not be initiated
pursuant to this section more than twenty-four months after the original distribution.
C. The department shall adjust the allocations as follows:
1. In the case of overages, the department shall reduce the subsequent monthly
allocation by the amount of the overage, if the remaining allocation is at least
seventy-five per cent of the amount that would otherwise have been allocated to the
recipient. If the entire amount of the required adjustment cannot be made in a single
month, the department shall repeat the procedure in subsequent months until the overage
is corrected.
2. In the case of shortages, the department shall increase the subsequent monthly
allocation by the amount of the shortage, if the total amount of all of the increases in
any single month does not exceed the total amount of all of the reductions made pursuant
to paragraph 1 in that month. If the total of all reductions in a month is less than the
amount of increases, the department shall proportionally reduce the increases.
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