7 Colo. Code Regs. § 1101-2-15.1

Current through Register Vol. 47, No. 24, December 25, 2024
Section 7 CCR 1101-2-15.1 - WRITE-OFF OF RECOVERY
15.1.1 Statutory References: 8-74-109, 8-79-102, and 8-81-101(4)(b)(c)(d), C.R.S.
15.1.2 Purpose. The division may write off the recovery of all or part of the amount of overpaid benefits that it finds non-collectible or the recovery of which it finds to be administratively impracticable.
15.1.3 Criteria for Write-Off. In determining whether overpaid benefits are non-collectible or whether the recovery of such benefits would be administratively impracticable, the division shall consider all relevant factors including, but not limited to, the following:
.1 That the claimant has died.
.2 That the claimant is totally and permanently disabled.
.3 That the claimant has retired from the labor force, including consideration of the claimant's age, the likelihood of the claimant's reentering the labor force, the claimant's physical condition, and the claimant's financial status.
.4 That the claimant has been adjudicated bankrupt.
.5 That the division determines the costs of collection to exceed the amount of overpayment.
.6 That the overpaid amount, if not due to false representation or willful failure to disclose a material fact, has remained uncollected for more than five years.
.7 That the overpaid amount, if due to false representation or willful failure to disclose a material fact, has remained uncollected for more than seven years.

7 CCR 1101-2-15.1

37 CR 13, July 10, 2014, effective 8/1/2014
39 CR 08, April 25, 2016, effective 5/15/2016
39 CR 22, November 25, 2016, effective 12/15/2016
40 CR 11, June 10, 2017, effective 7/1/2017
40 CR 23, December 10, 2017, effective 12/30/2017
41 CR 08, April 25, 2018, effective 6/3/2018
41 CR 16, August 25, 2018, effective 9/14/2018
42 CR 06, March 25, 2019, effective 4/15/2019
43 CR 08, April 25, 2020, effective 3/20/2020
43 CR 06, March 25, 2020, effective 4/14/2020
43 CR 19, October 10, 2020, effective 10/30/2020
46 CR 17, September 10, 2023, effective 10/1/2023