04 NCAC 24B .0703          DECISION AND CONSIDERATION OF WAIVER PETITIONS

(a)  The Assistant Secretary or designee shall consider the degree of the claimant's fault in creating the overpayment and any other matters tending to show that collection of the overpayment would be against equity and good conscience. Except as provided in Rule .0704 of this Section, a claimant's present economic circumstances or present ability to repay is not relevant to whether a waiver request should be granted.

(b)  The Assistant Secretary or designee shall render a written decision on the waiver request.

History Note:        Authority G.S. 96-4; 96-18;

Eff. July 1, 2015.