Wyo. Code R. 053-0018-33
Effective Date: 10/28/1994 to 08/05/1999
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0018.33.10281994
Section 1. Procedure. In making a decision on whether benefits overpaid to a claimant should be waived or recovered, the Division shall consider the criteria of Chapter 32 of these regulations and shall proceed as follows:
(a) After the decision creating an overpayment has become final, the Division shall send a notice of overpayment to the claimant's address of record. The notice shall advise the claimant that an overpayment has occurred and the amount of the overpayment; that the Commission has discretion to waive recovery of the overpayment or offset same against future benefits; and that, if the claimant wishes the Division to waive recovery of the overpayment, he must respond in writing with his reasons for doing so within fifteen (15) days of the mailing of the notice. If the claimant does not respond within the fifteen (15) days, that shall be an admission by the claimant that the overpayment will be recovered.
(b) If the claimant responds within fifteen (15) days, his response shall be considered by the Division's Payment Control Section. Said section shall decide whether the overpayment should be waived or recovered, and mail its decision to the claimant. If he disagrees with that decision and appeals same within fifteen (15) days of the mailing of the decision to him, he may have an evidentiary hearing under the Administrative Procedure Act on the question of whether the overpayment should be waived or recovered.
(c) If the claimant appeals the Payment Control Section's decision in writing, the matter shall be referred to the Division's appeals examiner for a hearing. The appeals examiner shall schedule and conduct a hearing in accordance with Chapter XII of these regulations. After the hearing, the examiner shall issue a decision with findings of fact and conclusions of law and mail same to the claimant's address of record.
Section 2. Fraud. The foregoing procedure and Chapter 32 does not apply where the Commission elects to seek prosecution of a claimant under W.S. 27-3-702.