7 Colo. Code Regs. § 1101-2-15.2
Current through Register Vol. 47, No. 24, December 25, 2024
Section 7 CCR 1101-2-15.2 - WAIVER OF RECOVERY15.2.1 Statutory References: 8-79-102, 8-81-101 (4)(a)(I)(II), and 8-81-101 (4)(c)(d)(e), C.R.S.15.2.2 Request for Waiver. When a determination establishing an overpayment is final, the overpaid claimant shall be notified of the overpayment and advised that a written request for waiver of recovery may be submitted to the division. Such request shall be submitted in accordance with regulation 1.3.11. Upon receipt of such request, the division shall suspend recovery of the overpayment until the waiver determination is final..1 If the final waiver determination denies said request, subsequent requests for waiver may be submitted upon a showing by the claimant of a significant change in financial conditions affecting his or her ability to repay the overpaid amount, such as catastrophic illness or loss of employment..2 A final determination that approves a waiver request shall apply only to the overpaid balance at the time the request was made, as evidenced by the date received, if mailed or filed in person, the receipt date encoded on a facsimile document, or the receipt date recorded by the division's automated systems if filed using division-approved electronic means and shall not be retroactive to any part of the overpaid amount already recovered. except that, if the division has failed to timely notify the individual of the right to request a waiver as required, the waiver shall then be retroactive to the date of the overpayment determination.15.2.3 Requests for Information by the Division. Financial and other relevant information that, in the opinion of the division, is necessary to render a waiver determination may be requested from the claimant by the division in writing. Failure by the claimant to provide the requested information, in writing, to the division within fifteen calendar days of said request shall cause the claimant's request for waiver to be determined based on available information. Information may be submitted to the division in person, by mail, by facsimile machine, or by division approved electronic means.15.2.4 Criteria for Waiver. A person who is overpaid any amount of benefits is liable for the amount overpaid. The division may waive the recovery of all or any part of an overpaid amount only when:.1 The overpayment did not result from false representation or willful failure to disclose a material fact by the claimant; and.2 Requiring repayment would be inequitable.15.2.5 False Representation. For purposes of part XV of the regulations, the term "false representation" means any representation made by an individual that he or she knew to be false or any representation made by an individual with an awareness that he or she did not know whether the representation was true or false.15.2.6 Willful Failure to Disclose a Material Fact. For purposes of part XV of the regulations, the term "willful failure to disclose a material fact" means knowingly withholding material information from the division.37 CR 13, July 10, 2014, effective 8/1/201439 CR 08, April 25, 2016, effective 5/15/201639 CR 22, November 25, 2016, effective 12/15/201640 CR 11, June 10, 2017, effective 7/1/201740 CR 23, December 10, 2017, effective 12/30/201741 CR 08, April 25, 2018, effective 6/3/201841 CR 16, August 25, 2018, effective 9/14/201842 CR 06, March 25, 2019, effective 4/15/201943 CR 08, April 25, 2020, effective 3/20/202043 CR 06, March 25, 2020, effective 4/14/202043 CR 19, October 10, 2020, effective 10/30/202046 CR 17, September 10, 2023, effective 10/1/2023