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(1) The requesting state shall: 

(a) Send the recovering state a written request for overpayment recovery assistance which includes:

(i) certification that the overpayment is legally collectable under the requesting state's law;

(ii) certification that the determination is final and that any rights to postponement of recoupment have been exhausted or have expired;

(iii) a statement as to whether the state is participating in cross-program offset by agreement with the U.S. secretary of labor; and

(iv) a copy of the initial overpayment determination and a statement of the outstanding balance;

(b) Send notice of this request to the claimant; and

(c) Send to the recovering state a new outstanding overpayment balance whenever the requesting state receives any amount of repayment from a source other than the recovering state, including such events as the interception of tax refund or other state-issued payment.

(2) The recovering state shall:

(a) Issue an overpayment recovery determination to the claimant which includes at a minimum:

(i) the statutory authority for the offset;

(ii) the name of the state requesting recoupment;

(iii) the date of the original overpayment determination;

(iv) the type or basis of the overpayment, such as fraud or non-fraud;

(v) program type, such as state unemployment insurance, unemployment insurance for federal employees, unemployment insurance for former members of the armed services, trade readjustment, etc.;

(vi) total amount to be offset;

(vii) the amount to be offset weekly; and

(viii) the right to request redetermination and appeal of the determination to recover the overpayment by offset;

(b) Offset benefits payable for each week claimed in the amount determined under state law;

(c) Provide the claimant with a notice of the amount offset;

(d) Prepare and forward, no less than once a month, a check representing the amount recovered made payable to the requesting state, except as provided in ARM 24.11.1228; and

(e) Retain a record of the overpayment balance in its files no later than the exhaustion of benefits, end of the benefit year, exhaustion or end of an additional or extended benefits period, or other extensions of benefits, whichever is later.

(3) The recovering state shall not redetermine the original overpayment determination.

History: 39-51-301 and 39-51-302, MCA; IMP, 39-51-504, 39-51-3201, 39-51-3202 and 39-51-3206, MCA; NEW, 2000 MAR p. 3539, Eff. 12/31/00.

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