1. (1) In compliance with an injunction issued by the U.S. District Court for the Middle District of Tennessee, Nashville Division, a recipient of unemployment benefits who is subject to recoupment for overpayment of unemployment benefits will be given an adequate and timely notice of an opportunity for a hearing prior to any attempt to withhold unemployment benefits.
2. (2) No benefits will be withheld from a recipient of unemployment benefits, who is subject to recoupment for overpayment of unemployment benefits, until that recipient has been apprised of such recipient’s right to have a hearing on the existence of the overpayment and/or the waiver of repayment, and been given an opportunity to exercise that right.

Authority: T.C.A. §§50-7-602 and 50-7-603. Administrative History: 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).