Section 12-5-151 - Recovery of overpayment under the Interstate Reciprocal Overpayment Recovery Arrangement; responsibilities of participating states(a) If an individual has a state or federal overpayment outstanding in a participating state and recovery is requested from another participating state, the requesting state shall perform the following duties: (1) Send the recovering state a written request for overpayment recovery assistance which includes: (A) Certification that the overpayment is legally collectable under the requesting state's law;(B) Certification that the determination is final and that any rights to postponement of recoupment have been exhausted or have expired;(C) A statement as to whether the state is participating in cross-program offset by agreement with the Secretary of Labor; and(D) A copy of the initial overpayment determination and a statement of the outstanding balance.(2) Send notice of the request for overpayment recovery assistance to the individual.(3) Send to the recovering state a new outstanding overpayment balance whenever the requesting state receives any amount of repayment from a source other than the recovering state.(b) Upon receipt of the request for recovery of the individual's outstanding state or federal overpayment, the recovering state shall perform the following duties: (1) Offset benefits payable for each week claimed by the individual in the amount determined under state law.(2) Provide the individual with a notice of the offset amount.(3) Prepare and forward, no less than once a month, a check representing the amount recovered made payable to the requesting state, excepted as provided in section (c) below.(4) Retain a record of the overpayment balance in its files no later than the exhaustion of benefits, end of the benefit year, exhaustion or end of an additional or extended benefits period, or other extensions of benefits; whichever is later.(5) The recovering state shall not redetermine the original overpayment determination.(c) If the individual elects to file a combined-wage claim and the individual has a state or federal overpayment outstanding in a transferring state, the paying state shall: (1) Offset any outstanding overpayment in the transferring state(s) prior to honoring a request from any other participating state under the Interstate Reciprocal Overpayment Recovery Arrangement.(2) Credit the deductions against the statement of benefits paid to combined-wage claimants, or forward a check to the transferring state as described in subsection (b)(3).(d) If the individual withdraws the combined-wage claim after benefits have been paid, the withdrawal shall be honored only if the combined-wage claimant has repaid any benefits paid or authorizes the new liable state to offset the overpayment. (1) The paying state shall issue an overpayment determination and forward a copy, together with an overpayment recovery request and an authorization to offset, with the initial claim to the new liable state.(2) The recovering state shall: (A) Offset the total amount of any overpayment resulting from the withdrawal of a combined-wage claim, prior to the release of any payments to the claimant;(B) Offset the total amount of any overpayment resulting from the withdrawal of a combined-wage claim prior to honoring a request from any other participating state under this arrangement;(C) Provide the individual with a notice of the amount offset; and(D) Prepare and forward a check representing the amount recovered to the requesting state as described in subsection (b)(3).(e) The recovering state shall offset benefits payable under a state unemployment compensation program to recover any benefits overpaid under a federal unemployment compensation program (as described in the recovering state's agreement with the Secretary of Labor) and vice versa, in the same manner as required under this section, as appropriate, when both the recovering state and requesting state have entered into an agreement with the Secretary of Labor to implement section 303(a) of the Social Security Act.[Eff. 11/6/06] (Auth: HRS § 383-92) (Imp: HRS §§ 383-92, 383-108)