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09.32.07.00.htm 09.32.07.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 32 UNEMPLOYMENT INSURANCE Chapter 07 Reconsideration of Unemployment Insurance Overpayment Recovery Authority: Labor and Employment Article, §8-305, Annotated Code of Maryland
09.32.07.01.htm 09.32.07.01. 01 Purpose.. The purpose of these regulations is to establish procedures and interpret the standards for waiver of recovery of overpayments of unemployment insurance benefits, and to establish procedures for appealing the correctness of the application of an overpayment, in accordance with Labor and Employment Article, §8-809, Annotated Code of Maryland.
09.32.07.02.htm 09.32.07.02. 02 Scope and Applicability.. These regulations apply to any person who has been found to have received an overpayment of unemployment insurance benefits unless the overpayment resulted from fraud on the part of the claimant.
09.32.07.03.htm 09.32.07.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Claimant" means any individual who has filed a claim for unemployment insurance benefits.. 2) "Department" means the Maryland Department of Labor.. 3) "Overpaid claimant" means any claimant who has been determined to have received an overpayment of unemployment insurance benefits.4) "Overpayment" means any amount of unemployment insurance benefits receiv
09.32.07.04.htm 09.32.07.04. 04 Recovery of Overpayments.. The Department may recover overpayments by beginning civil actions or, in the discretion of the Secretary, overpayments may be offset against current or future payments of unemployment insurance benefits to which the overpaid claimant is entitled. If the Department chooses to recover the overpayment by offset, the amount of the offset may be 100 percent of the current or future weekly benefit entitlement.
09.32.07.05.htm 09.32.07.05. 05 Waiver of Recovery of Overpayments.. A. Waiver of recovery of the overpayment will be approved when, in the judgment of the Secretary, the overpaid claimant:1) Is without fault; and. 2) Lacks the ability to pay now and in the foreseeable future, or is likely to be below the federal minimum poverty level and is likely to remain there for the foreseeable future.B. If an overpaid claimant is found to be without fault because the overpayments were caused exclusi
09.32.07.06.htm 09.32.07.06. 06 Determination of Fault.. A. "Fault" as used in the phrase "without fault" applies only to the fault of the overpaid claimant. Fault on the part of the Department in making the overpayment does not relieve the overpaid claimant of liability for repayment if the claimant's fault contributed to the overpayment.B. In determining whether an individual is at fault, the Secretary may consider the nature and cause of the overpayment and the capacity of the particular claimant to have rec
09.32.07.07.htm 09.32.07.07. 07 Notice of Recovery and Right to Request Waiver.. When the Secretary decides to recover an overpayment, the Secretary shall notify the overpaid claimant in writing. The notice shall include:A. The amount to be recovered;. B. The weeks with respect to which the benefits were paid;. C. The provision of the law under which it was determined that the claimant was ineligible for benefits;D. A brief explanation of the means available to the Department for recovery of the overpayment;.
09.32.07.08.htm 09.32.07.08. 08 Processing of Application for Waiver of Overpayment.. A. After an application for waiver of overpayment is received, the local office representative shall determine the cause of the overpayment and forward the application to the Department's recoveries section. The recoveries section shall make the initial recommendation to recover or waive the overpayment.B. If the recommendation is to recover the overpayment and deny waiver, written notice shall be given to the claimant. The no
09.32.07.09.htm 09.32.07.09. 09 Interest on Overpayments.. Interest on overpayments shall be calculated from the initial determination of the overpayment..
09.32.07.9999.htm 09.32.07.9999. Administrative History Effective date:. Regulations .01―09 adopted as an emergency provision effective March 14, 1989 (16:7 Md. R. 809) emergency status expired July 14, 1989Chapter recodified from COMAR 24.02.07 to COMAR 09.32.07, May 1996.
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