Any interest, or any portion thereof, that accrues pursuant to the provisions of Section 2-613 of Title 40 of the Oklahoma Statutes, may be waived by the Oklahoma Employment Security Commission provided the failure of the claimant to remit payment at the time a determination of overpayment was made:

1. 1. Is explained to the satisfaction of the Commission;
2. 2. Resulted from a mistake by the claimant of either the law or the facts concerning the repayment of overpayment benefits; or

3. 3. Was caused by insolvency of the claimant.

   No waiver of interest shall be granted unless a request for waiver is filed with the Commission within a three-year period from the date the interest accrued. No waiver of interest shall be granted to a claimant if it is determined that the claimant received an overpayment of benefits through fraud.

Laws 2002, SB 1404, c. 452, § 14, eff. November 1, 2002.