10A Ncac 10 .0309          CORRECTION OF OVERPAYMENTS AND UNDERPAYMENTS

(a)  An overpayment made as a result of inadvertent error or fraudulent misrepresentation by the recipient or provider as described in Rule .0308(a) of this Section shall be recouped as follows:

(1)           From the recipient if the recipient at the time the overpayment occurred was at least 18 years of age or older; and

(2)           By;

(A)          voluntary repayment by the recipient or provider;

(B)          involuntary repayment by pursuing court action; or

(C)          wage garnishment as permitted by law.

(b)  An overpayment made due to agency error in complying with program rules and statutes shall be corrected by adjustment through the state's subsidized child care payment system.

(c)  An underpayment made due to agency or provider error in complying with program rules and statutes shall be corrected within 30 days of discovery of the error, but the local purchasing agency is not required to correct the underpayment if it is discovered more than 45 days from the date the payment is made.

(d)  Appeals pursuant to this Rule shall be in accordance with 10A NCAC 10 .0311 and 10A NCAC 10 .0312.

 

History Note:        Authority G.S. 143B-153;

Eff. April 1, 2001;

Amended Eff. December 1, 2011.