053-28 Wyo. Code R. § 28-1
In making a decision on whether benefits overpaid to a claimant where fraud is not involved should be waived or recovered, the Division shall consider the criteria of Chapter 26 of these rules and shall proceed as follows:
(a) After the decision creating an overpayment has become final, the Division shall send a notice of overpayment to the claimant's address of record. The notice shall advise the claimant that an overpayment has occurred and the amount of the overpayment; that the Division has discretion to waive recovery of the overpayment or offset same against future benefits; and that, if the claimant wishes the Division to waive recovery of the overpayment, he must respond in writing with his reasons for doing so within fifteen (15) days of the mailing of the notice. If the claimant does not respond within the fifteen (15) days, that shall be an admission by the claimant that the overpayment will be recovered.
(b) If the claimant responds within fifteen (15) days, his response shall be considered by the Division. When the Division needs detailed financial information from the claimant, blank financial information forms and a dated cover letter will be mailed to the claimant. The claimant will have fifteen (15) days to return all the information requested. If all requested information is not returned within fifteen (15) days, the waiver request shall be denied. The Division shall decide whether the overpayment should be waived or recovered, and mail its decision to the claimant. Recovery of all or part of the overpayment may be waived. If the claimant disagrees with that decision and appeals same within fifteen (15) days of the mailing of the decision to him, the claimant may have an evidentiary hearing under the Administrative Procedure Act on the question of whether the overpayment should be waived or recovered.
(c) If the claimant appeals the Division's decision in writing, the matter shall be referred to the Division's appeals examiner for a hearing. The appeals examiner shall schedule and conduct a hearing in accordance with Chapter 31 of these rules. After the hearing, the examiner shall issue a decision with findings of fact and conclusions of law and mail same to the claimant's address of record.
053-28 Wyo. Code R. § 28-1