1. (1) The Department has the burden of proving each element of fraud.
2. (2) The elements of fraud must be established by clear and convincing evidence. No admission by the claimant or direct proof of the claimant's intent is required.

KEY: overpayments, unemployment compensation

Date of Last Change: March 31, 2022

Notice of Continuation: May 2, 2022

Authorizing, and Implemented or Interpreted Law: 35A-4-406(2); 35A-4-406(3); 35A-4-406(4); 35A-4-406(5)