1. A. If, after conducting the investigation under Regulation .03 of this chapter, the Secretary or the Secretary’s designee determines that the claimant was overpaid, the Secretary or the Secretary’s designee shall deliver notice to the claimant.

2. B. The notice shall be delivered to the claimant by first-class mail to the claimant’s last known address and in accordance with the claimant’s preferred communication method, if other than first-class mail, and shall:

   1. (1) Contain all information required by Labor and Employment Article, §8-809(c)(1), Annotated Code of Maryland;
   2. (2) Provide that the claimant has been determined liable to refund the amount of benefits to which the claimant is not entitled and that the amount, if not previously collected, shall be deducted from future benefits payable to the claimant, unless the claimant exercises the claimant’s appeal rights more specifically set forth in Regulation .05 of this chapter, or waiver rights more specifically set forth in COMAR 09.32.07; and
   3. (3) Provide information on the procedures to request an overpayment waiver.
3. C. The notice described above may not reference fraud, unless the Secretary or the Secretary’s designee has determined that the overpayment resulted from fraud.

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

Effective date:

Regulations .01—.05 adopted as an emergency provision effective August 17, 2022 (49:20 Md. R. 909); emergency provision expired effective November 22, 2022

Regulations .01—.05 adopted effective March 6, 2023 (50:4 Md. R. 122)