Haw. Code R. § 17-795-48 - Underpayments and overpayments

(a) The department shall process underpayments as follows:

(1) Prompt action shall be taken to correct any underpayments to an eligible employer who would have received a greater reimbursement if an error by the department had not occurred;

(2) Corrective payments shall be made for any, underpayments owed to a former participating employer;

(3) Corrective payments shall be issued through direct deposit into the bank account designated by the employer; and

(4) The department, as provided by law, may use any corrective payments owed to the employer, to offset against any obligations that the employer may owe to the State of Hawaii including but not limited to the payment of taxes, child support obligations or levies of any kind or nature.

(b) An overpayment shall be created when:

(1) The employer fails to meet the requirements or provide information, as specified in this chapter that results in an overpayment;

(2) The department makes an error in determining the employer's eligibility to participate with the SEE program that results in an overpayment; or

(3) The department makes an error in calculating a payment amount.

(c) An employer subject to recovery of an overpayment shall be provided adequate notice by the department including:

(1) The reasons, dates, and the amount of the alleged overpayment; and

(2) The proposed method by which the overpayment shall be recovered.

(d) The employer shall repay the department' in the form of cash, cashier's check, or money order, through one of the following methods:

(1) Repayment in full; or

(2) Repayment in installments when a payment schedule is mutually agreed to by the employer and the department.

(e) Recovery of an overpayment to former participating employers shall be processed in accordance with the department's procedures for collection action.

(f) If the employer has both an overpayment and an underpayment, the overpayment and underpayment shall be offset one against the other in correcting the payment. If the offset results in an underpayment or overpayment balance, then corrective action shall be processed in the manner described in this section.

(g) If the employer disagrees with the department's determination of nonpayment or payment amount of a reimbursement claim, the employer may dispute the determination through a departmental review in accordance with sections 17-795-60 and 17-795-61.

Notes

Haw. Code R. § 17-795-48

[Eff 3/20/2017] (Auth: HRS § 346-14) (Imp: HRS § 346-261; 45 C.F.R. §§ 260, et seq.)