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24.11.1205    BENEFIT OVERPAYMENTS--NOTICES AND APPEAL RIGHTS

(1) Claimants are notified of disqualifications, ineligibilities, and reductions in benefit entitlement by:

(a) non-monetary determinations;

(b) appeals decisions, including redeterminations; and

(c) revised monetary determinations.

(2) If a decision or determination described in (1) results in a benefit overpayment, the claimant will receive a separate benefit overpayment notice in addition to the notice of that decision.  A claimant may appeal the non-monetary determination, appeals decision, revised monetary determination or determination of benefit overpayment due to unreported or misreported earnings as provided under 39-51-2402 and 39-51-2403 , MCA.  The separate benefit overpayment notice may be appealed only as to the accuracy of the amount of the benefit overpayment.

(3) Any benefit overpayment must be repaid to the department, regardless of the cause of the benefit overpayment, unless the department waives recovery of the benefit overpayment in accordance with ARM 24.11.467.

History: 39-51-301 and 39-51-302, MCA; IMP, 39-51-3206, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 2000 MAR p. 3523, Eff. 12/31/00; TRANS, from ARM 24.11.466, 2000 MAR p. 3541, Eff. 12/31/00.

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