Section 172-26-4 - Criteria for determining whether the overpayment is due to the fault of the claimant, thus disqualifying the claimant from a waiver of overpaymentA. Acceptance of a payment which the claimant knew, or should reasonably have been expected to know, was incorrect will constitute fault on the claimant's part. In determining whether a claimant is at fault, the Bureau shall consider all pertinent circumstances, including the claimant's age and intelligence as well as any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language). A good faith mistake of fact by the claimant in the filing of a claim for benefits that results in an overpayment of benefits does not constitute fault.B. Unless individual circumstances show otherwise, the following will be considered to be fault:1. claimant made false or misleading statements;2. claimant failed to be able and available without compelling reasons beyond the claimant's control;3. claimant failed to report earnings;4. claimant failed to fulfil the work search requirement;5. claimant failed to attend WPRS, RESEA, REA or other required or mandated reemployment services; or6. claimant refused an offer of suitable work without reasonable basis.C. A claimant who is found to have committed unemployment fraud or misrepresentation within the meaning of 26 M.R.S. § 1193(6) is not eligible for a waiver of repayment of the overpayment or any penalty imposed by 26 M.R.S. §1051(4).12-172 C.M.R. ch. 26, § 4