1. (1) Any overpayment resulting from the claimant's failure to provide information, or based on incorrect information provided by the claimant, will be assessed as a fault overpayment in accordance with Subsection 35A-4-406(4) or as a fraud overpayment in accordance with Subsection 35A-4-405(5).
2. (2) Any overpayment resulting from the employer's failure to provide information will be assessed as a nonfault overpayment in accordance with Subsection 35A-4-406(5).

3. (3) If more than one party was at fault in the creation of an overpayment, the overpayment will be assessed as:

   1. (a) a fraud or fault overpayment if the claimant was more at fault than the other parties; or
   2. (b) a nonfault overpayment if the employer and/or the Department was more at fault, or if the parties were equally at fault.

KEY: filing deadlines, registration, student eligibility, unemployment compensation

Date of Last Change: May 1, 2019

Notice of Continuation: March 22, 2023

Authorizing, and Implemented or Interpreted Law: 35A-4-403(1)