219 Neb. Admin. Code, ch. 10, § 004

Current through September 17, 2024
Section 219-10-004

A request for delay in recovery of an overpayment may be made by telephone, in writing, or by personal appearance. Upon such request, that claimant will be provided with the appropriate application form prescribed by the Commissioner. A claimant requesting assistance from the Department in completing his or her form will be provided such assistance. In addition to the application form, the Department will also provide the claimant with an informational sheet which shall provide the following information:

A. All information as outlined in paragraphs 003(C), (D), and (E) of this chapter;
B. The statutory standards for delaying recovery and a brief explanation of the Department's general interpretation of those standards;
C. That the Department will begin applying claimant's current or future benefits to the overpayment unless the completed application form has been returned to the Department within seven days from the issuance date of the application form to the claimant;
D. That if the claimant desires to present any information orally, he or she may present such information at a hearing before an authorized Unemployment Insurance adjudicator or, in the alternative, by telephone if a personal hearing is not feasible for the claimant due to distance, disability of the claimant, or other good cause. This hearing may be held at a time when the claimant returns the application form or, if requested by the claimant, held at a scheduled time which allows the claimant a reasonable opportunity to prepare for the hearing;
E. That the claimant may be represented by counsel and have the right to question any adverse witness present at the hearing;
F. That a written determination will be issued setting forth the reasons and evidence supporting the determination. Any adverse determination may be appealed to the Nebraska Appeal Tribunal.
G. That the filing of the application form for delay of recovery is a separate issue from the filing of an appeal of a determination of overpayment and that an appeal of the overpayment determination must be filed separately; and
H. That, pursuant to statute, the Department will not charge interest on the unpaid balance of the overpayment.

219 Neb. Admin. Code, ch. 10, § 004