Section 0800-09-01-.26 - SUSPECTED OVERPAYMENTS(1) The Department will send a notice to any unemployment benefit recipient who is suspected of having been overpaid benefits under this chapter. Such notice will inform the recipient that such recipient should report in person to the Labor and Workforce Development Office within seven (7) days after the date of mailing to provide information concerning a possible overpayment of benefits.(2) When a benefit recipient who is suspected of having received an overpayment from the Department reports to a Labor and Workforce Development Office in accordance with the call-in notice, a statement shall be taken from that recipient regarding the suspected overpayment.(3) The Department shall evaluate the information provided and issue its findings and conclusions concerning the existence and amount of any overpayment.(4) If a benefit recipient suspected of having a benefit overpayment fails to respond to a call-in notice, the Department will make a decision based on the available information.(5) When the Department issues its written overpayment decision, the decision will include: (a) the notice of the recipient's right to appeal any determination of overpayment and,(b) if the recipient is not at fault, the notice of the recipient's right to request a waiver of repayment at that time and for a period of up to ninety (90) days.(c) The notice shall also state that if a recipient fails either to appeal the Department's overpayment decision or to request a waiver of repayment within the designated time period, the Department's overpayment decision shall become final and collection efforts, including the possible offsetting of future benefits, may be commenced by the Department.(6) A recipient shall have fifteen (15) days from the date the above decision and notice are mailed to request a hearing on any or all of the issues concerning the existence of an overpayment, the amount of the overpayment, and any denial of a request to waive repayment.(7) If a recipient fails to request a hearing or a waiver within the fifteen (15) day period, the Department's initial decision concerning the existence and amount of the overpayment shall become final.(8) Recipients requesting a hearing on either the amount, the existence, or the waiver of an overpayment shall have a hearing promptly scheduled in accordance with the rules set forth in T.C.A. Chapters 0800-11-02 and 0800-11-04.(9) Once the decision is final, the Department may begin to recoup the amount overpaid by offsetting that amount against the recipient's future benefits.Tenn. Comp. R. & Regs. 0800-09-01-.26
Original rule filed December 2, 1985; effective March 17, 1986. Repeal and new rule filed January 22, 1996; effective May 30, 1996. Amendment filed May 22, 2001; effective September 28, 2001. August 15, 2009, the Secretary of State transferred 0560-01-01 to 0800-09-01 per Chapter 520 of Public Acts of 1999 and T.C.A.4-5-221(a)(1).Authority: T.C.A. §§ 50-7-602 and 50-7-603.