04 NCAC 24B .0705          FACTORS IN DETERMINING FAULT

(a)  In determining whether fault exists in any overpayment of state or federal compensation, the following factors shall be considered:

(1)           whether the claimant made or caused another to make a material statement or representation in connection with the application for federal compensation that resulted in the overpayment, and whether the claimant knew or should have known that the statement or representation was inaccurate;

(2)           whether the claimant failed or caused another to fail to disclose or omit a material fact in connection with an application for the compensation that resulted in the overpayment, and whether the claimant knew or should have known that the fact was material;

(3)           whether the claimant knew or could have been expected to know that he or she was not entitled to the compensation payment; and

(4)           whether there was a determination that the overpayment was the result of fraud as defined under G.S. 96-18.

(b)  If any factor in Paragraph (a) of this Rule is confirmed, recovery of the overpayment shall not be waived.

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

Eff. July 1, 2015.