Current through the 2024 Legislative Session.
Section 13965 - Overpayment(a) Any recipient of an overpayment pursuant to this chapter is liable to repay the board that amount unless both of the following facts exist: (1) The overpayment was not due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient.(2) The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience.(b) All actions to collect overpayments shall commence within seven years from the date of the overpayment. However, an action to collect an overpayment due to fraud, misrepresentation, or willful nondisclosure by the recipient may be commenced at any time.(c) Any recipient of an overpayment is authorized to contest the staff recommendation of an overpayment pursuant to the hearing procedures in Section 13959. If a final determination is made by the board that an overpayment exists, the board may collect the overpayment in any manner prescribed by law.(d) All overpayments exceeding two thousand dollars ($2,000) shall be reported to the Legislature pursuant to Section 13928 and the relief from liability described in subdivision (a) shall be subject to legislative approval.Amended by Stats 2015 ch 569 (AB 1140),s 11, eff. 1/1/2016.Amended by Stats 2002 ch 664 (AB 3034),ss 96, 97eff. 1/1/2003.Added by Stats 2002 ch 1141 (SB 1423),s 2, eff. 1/1/2003.Amended by Stats 2001 ch 712 (AB 1017)Amended by Stats 2000 ch 1016 (AB 2491) See Stats 2001 ch 419 (AB 1019), s 4. See Stats 2001 ch 712 (AB 1017), s 13.This section was also amended by Stats 2001 ch 419 (AB 1019), s 2.5, eff. 1/1/2002, but that act was superseded. See Ca. Gov't. Code § 9605.