The Department may recover overpayments by beginning civil actions or, in the discretion of the Secretary, overpayment may be offset against current or future payments of unemployment insurance benefits to which the overpaid claimant is entitled. If the Department chooses to recover the overpayment by offset, the amount of the offset may be 100 percent of the current or future weekly benefit entitlement. The Department may not recover an overpayment before the time for requesting an overpayment waiver has expired, while a timely filed waiver request is pending decision by the Secretary or the Secretary’s designee, or while a timely filed appeal of the denial of an overpayment waiver request is pending.

Authority: Labor and Employment Article, §§8-305 and 8-809, Annotated Code of Maryland

Effective date:

Regulations .01—.09 adopted as an emergency provision effective March 14, 1989 (16:7 Md. R. 809); emergency status expired July 14, 1989

Regulations .01—.09 adopted permanently effective November 13, 1989 (16:22 Md. R. 2366)

Chapter recodified from COMAR 24.02.07 to COMAR 09.32.07, May 1996

Regulation .02 amended as an emergency provision effective August 17, 2022 (49:20 Md. R. 909); emergency provision expired effective November 22, 2022

Regulation .02 amended effective December 26, 2022 (49:26 Md. R. 1079)

Regulation .03B amended as an emergency provision effective August 17, 2022 (49:20 Md. R. 909); emergency provision expired effective November 22, 2022

Regulation .03B amended effective December 26, 2022 (49:26 Md. R. 1079)

Regulation .04 amended as an emergency provision effective August 17, 2022 (49:20 Md. R. 909); emergency provision expired effective November 22, 2022

Regulation .04 amended effective December 26, 2022 (49:26 Md. R. 1079)

Regulation .08E, F adopted as an emergency provision effective August 17, 2022 (49:20 Md. R. 909); emergency provision expired effective November 22, 2022

Regulation .08E, F adopted effective December 26, 2022 (49:26 Md. R. 1079)