7 CCR 1101-2-15.2 - WAIVER OF RECOVERY
15.2.1
Statutory References: 8-79-102, 8-81-101 (4)(a)(I)(II), and 8-81-101
(4)(c)(d)(e), C.R.S.
15.2.2 Request
for Waiver. When a determination establishing an overpayment is final, the
overpaid claimant shall be notified of the overpayment and advised that a
written request for waiver of recovery may be submitted to the division. Such
request shall be submitted in accordance with regulation 1.3.11. Upon receipt
of such request, the division shall suspend recovery of the overpayment until
the waiver determination is final.
.1 If the
final waiver determination denies said request, subsequent requests for waiver
may be submitted upon a showing by the claimant of a significant change in
financial conditions affecting his or her ability to repay the overpaid amount,
such as catastrophic illness or loss of employment.
.2 A final determination that approves a
waiver request shall apply only to the overpaid balance at the time the request
was made, as evidenced by the date received, if mailed or filed in person, the
receipt date encoded on a facsimile document, or the receipt date recorded by
the division's automated systems if filed using division-approved electronic
means and shall not be retroactive to any part of the overpaid amount already
recovered. except that, if the division has failed to timely notify the
individual of the right to request a waiver as required, the waiver shall then
be retroactive to the date of the overpayment determination.
15.2.3 Requests for Information by
the Division. Financial and other relevant information that, in the opinion of
the division, is necessary to render a waiver determination may be requested
from the claimant by the division in writing. Failure by the claimant to
provide the requested information, in writing, to the division within fifteen
calendar days of said request shall cause the claimant's request for waiver to
be determined based on available information. Information may be submitted to
the division in person, by mail, by facsimile machine, or by division approved
electronic means.
15.2.4 Criteria
for Waiver. A person who is overpaid any amount of benefits is liable for the
amount overpaid. The division may waive the recovery of all or any part of an
overpaid amount only when:
.1 The overpayment
did not result from false representation or willful failure to disclose a
material fact by the claimant; and
.2 Requiring repayment would be
inequitable.
15.2.5 False
Representation. For purposes of part XV of the regulations, the term "false
representation" means any representation made by an individual that he or she
knew to be false or any representation made by an individual with an awareness
that he or she did not know whether the representation was true or
false.
15.2.6 Willful Failure to
Disclose a Material Fact. For purposes of part XV of the regulations, the term
"willful failure to disclose a material fact" means knowingly withholding
material information from the division.
Notes
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