Attorney General Opinions The attorney general concluded that a hearing is not required before offsetting pay to a state employee. The Comptroller Act (Ill. Rev. Stat. 1977, Ch. 15, sec. 210.05) provides that if the state owes money to a person who in turn owes money to the state, the comptroller should deduct the amount owed to the state before approving the payment. A hearing is only necessary in instances termed "contested cases" which legally interpreted do not include offsetting pay. A person who has had a portion of his pay withheld to offset a debt owed to the state may protest to the comptroller within 30 days or sue to regain the deducted money in the Court of Claims. (S-1358) Church loan fund, S-1357: No church may operate a nonprofit loan fund to lend money for purchasing land or building churches or to accept deposits from churches and individuals upon which interest would be paid. Such a fund would be in violation of the Illinois Savings and Loan Act (Ill. Rev. Stat. 1977, Ch. 32, sec. 701 et seq) because it would be unconstitutionally transacting business under the guidelines of the act. Property rental, S-1345: A county health department is not a "unit of local government" which under Illinois law is permitted to contract with the county for rental of a county-owned building. The county health department is entitled to obtain the needed space, and the county board has the authority to provide it, by lease. 32/August 1978/Illinois Issues
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