North Carolina Administrative Code
Title 04 - COMMERCE
Chapter 24 - EMPLOYMENT SECURITY
Subchapter B - BENEFITS
Section .0700 - REQUEST FOR WAIVER OF OVERPAYMENT
Section 24B .0705 - FACTORS IN DETERMINING FAULT
Universal Citation: 04 NC Admin Code 24B .0705
Current through Register Vol. 39, No. 6, September 16, 2024
(a) In determining whether fault exists in any overpayment of state or federal compensation, the following factors shall be considered:
(1) whether the claimant made or caused
another to make a material statement or representation in connection with the
application for federal compensation that resulted in the overpayment, and
whether the claimant knew or should have known that the statement or
representation was inaccurate;
(2)
whether the claimant failed or caused another to fail to disclose or omit a
material fact in connection with an application for the compensation that
resulted in the overpayment, and whether the claimant knew or should have known
that the fact was material;
(3)
whether the claimant knew or could have been expected to know that he or she
was not entitled to the compensation payment; and
(4) whether there was a determination that
the overpayment was the result of fraud as defined under
G.S.
96-18.
(b) If any factor in Paragraph (a) of this Rule is confirmed, recovery of the overpayment shall not be waived.
Authority
G.S.
96-4;
96-18;
Eff. July 1,
2015.
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