24.11.1213    OFFER IN COMPROMISE

(1) When a claimant offers to compromise an overpayment debt pursuant to 39-51-3206, MCA, by making a lump-sum payment of over 50% of the amount due, the department will accept or reject the offer based on the circumstances or reason for the overpayment, the overpayment balance, and how long it would take to recover the debt with just monthly payments.

(2) The department's determination to accept or reject an offer in compromise is final and not subject to further review or appeal. This does not preclude a claimant from presenting, or the department considering, another offer in compromise that is substantially different from a prior rejected offer.

(3) Upon acceptance of an offer in compromise, the department will suspend collection efforts on the overpayment and send the claimant an agreement outlining the terms of the compromise and the statutory condition upon which forgiveness of the remainder of the overpayment debt is dependent. The claimant must sign the agreement and return it to the department within 10 days.

(4) The claimant must make the lump-sum payment to the department in full, either by money order or cashier's check, within 60 days of signing the agreement. The department may extend this period for up to 30 days for good cause. If the lump-sum payment is not received by the due date, the compromise agreement is null and void and the department will resume its collection efforts immediately.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-3206, MCA; NEW, 2016 MAR p. 2058, Eff. 11/11/16.