24.11.1205    BENEFIT OVERPAYMENTS--NOTICES AND APPEAL RIGHTS

(1) The department shall notify claimants of disqualifications, ineligibilities, and reductions in benefit entitlement that result from:

(a) non-monetary determinations;

(b) appeal decisions, including redeterminations; and

(c) revised monetary determinations.

(2) If a decision or determination described in (1) results in a benefit overpayment, the department shall provide the claimant with separate notice of the amount of benefit overpayment, which the claimant must repay to the department for deposit in the trust fund and unemployment insurance administration account. When the department determines a benefit overpayment occurred as a result of fraud, in accordance with 39-51-3201, MCA, the department shall add a penalty to the overpayment amount due.

(3) A claimant may appeal the non-monetary determination, appeal decision, revised monetary determination or determination of benefit overpayment due to unreported or misreported earnings as provided under 39-51-2402 and 39-51-2403, MCA. The separate benefit overpayment notice may be appealed only as to the accuracy of the amount of the benefit overpayment.

(4) Any benefit overpayment must be repaid to the department, regardless of the cause of the benefit overpayment, unless the department waives recovery of the benefit overpayment in accordance with ARM 24.11.1207.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-3206, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 2000 MAR p. 3523, Eff. 12/31/00; TRANS, from ARM 24.11.466, 2000 MAR p. 3541, Eff. 12/31/00; AMD, 2013 MAR p. 2144, Eff. 11/15/13