219 Neb. Admin. Code, ch. 10, § 003

Current through September 17, 2024
Section 219-10-003

Whenever a determination or redetermination by the Department results in a benefit overpayment to a claimant, the notice of determination or redetermination shall include the following information:

A. That the determination or redetermination resulted in an overpayment to the claimant and the amount of that overpayment;
B. That the claimant's current or future benefits will be applied to the overpayment unless, within ten days from the date the notice of determination or redetermination was mailed, the claimant contacts the nearest Nebraska Workforce Development Center or the Benefit Payment Control Unit by telephone, in person, or in writing to request delay in recovery of the overpayment from current or future benefits;
C. That recoupment may be delayed if
(1) the claimant was without fault in the cause of the overpayment, and
(2) it would defeat the purpose of the Employment Security Law or would be against equity and good conscience;
D. That to request delay in recoupment the claimant must complete and submit an application form provided by the Department and may provide any additional information or evidence that he or she so desires; that such additional information may be provided in person or, in the alternative, by telephone if a personal hearing is not feasible for the claimant due to distance, disability of the claimant, or other good cause, and that such additional information may include statements, either oral or written, of other persons; and
E. That an appealable, written determination will be issued.

219 Neb. Admin. Code, ch. 10, § 003