Section 6.07 - Notice of Right to Request Waiver(1) At such time as a determination or redetermination regarding an overpayment is issued, or whenever a new claim is filed by a claimant from whom the Department intends to recover an outstanding overpayment by offset, the overpaid claimant shall be notified in writing of his or her right to request a waiver of recovery. The notice shall include, but not be limited to: (a) the amount of the overpayment;(b) a brief explanation of the means available to the Department for recovery of the overpayment;(c) an explanation of the overpaid claimant's right to request waiver of recovery, including an explanation of the standards which govern the waiver determination and the procedures through which waiver may be requested; and(d) notice that no collection efforts will be commenced by the Department and no current or future benefits will be withheld to offset the overpayment until at least 15 days after the date on which the notice is mailed or delivered in hand, or if the overpaid claimant requests a waiver, until after the waiver request has been considered and finally denied. If the determination or redetermination is issued in hand, the claimant shall, if a waiver is requested at that time, have the opportunity to present evidence to the Commissioner or his authorized representative on the issue of whether the overpayment shall be waived. If the determination or redetermination is issued by mail, the claimant shall have the right to request a waiver, and the Commissioner or his authorized representative shall promptly arrange for the claimant to have the opportunity to present such evidence. A waiver request may be filed at any time and shall be promptly considered by the Department.
(e) An overpaid claimant may voluntarily elect to relinquish his or her right to appeal a redetermination and/or to request a waiver of overpayment, and elect to have recoupment commence immediately. The overpaid claimant shall be informed of his or her right to appeal and his or her right to request a waiver prior to any such election. The election shall be confirmed in writing before it becomes effective. A claimant who so elects shall not be barred from filing a later waiver request with respect to the same overpayment.Amended by Mass Register Issue 1263, eff. 6/20/2014.Amended by Mass Register Issue 1388, eff. 4/5/2019.Amended by Mass Register Issue 1475, eff. 7/15/2022 (EMERGENCY).