New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 3 - EMPLOYMENT SECURITY › Part 300 - CLAIMS ADMINISTRATION › Section 11.3.300.325 - OVERPAYMENTS AND WAIVER OF OVERPAYMENTS PURSUANT TO THE TRADE ACTS OR ANY ENACTED FEDERAL EXTENSION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The department shall use the process set forth herein to evaluate disputes of
				overpayments paid under the Trade Acts, the Trade Adjustment Assistance (TAA),
				Trade Readjustment Assistance (TRA) Federal Extended Benefits, or any enacted
				federal extension program under the following circumstances:
(1) When a decision of the department results
				in an overpayment, an appealable determination will be sent to the claimant.
				The claimant may file an appeal no later than 15 days from the date of the
				determination in accordance with 11.3.500 NMAC.
(2) At the department's discretion, a request
				for review of an overpayment may be administratively initiated to determine if
				a waiver of overpayment will be approved. A waiver will be approved if the
				department determines that:
(a) the
				application was made timely;
(b)
				payment was made without the fault of the claimant; and
(c) requiring repayment would be contrary to
				equity and good conscience.
(3) The department's affirmative finding of
				any one of the following factors of fault precludes a waiver:
(a) that the claimant knowingly made a
				material misrepresentation, which misrepresentation resulted in the
				overpayment; or
(b) that the
				claimant knowingly failed to disclose a material fact, which failure to
				disclose resulted in the overpayment; or
(c) that the claimant knew or should have
				known that he was not eligible for the payment; or
(d) that the department has previously issued
				a determination of fraud in regards to the overpayment.
(4) The department shall consider the
				following factors in determining whether, in equity and good conscience, the
				department should require repayment:
(a)
				whether the overpayment was the result of a decision on appeal;
(b) whether the claimant was given notice
				that repayment would be required in the event of reversal on appeal;
(c) whether the recovery of the overpayment
				would cause an extraordinary and lasting financial hardship to the claimant,
				resulting in the claimant's inability to obtain minimal necessities of food,
				medicine and shelter for at least 30 days and period of financial hardship
				lasting at least three months, and
(d) whether, if recoupment from other
				benefits is proposed, the length of time of extraordinary and lasting financial
				hardship shall be the longest potential period of benefit eligibility as seen
				at the time of the request for waiver of determination.
(5) In determining whether fraud has
				occurred, the department shall consider the following factors:
(a) whether the claimant knowingly made, or
				caused another to make, a false statement or representation of a material fact
				resulting in the overpayment;
(b)
				whether the claimant knowingly failed, or caused another to fail, to disclose a
				material fact resulting in the overpayment.