H-4833              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1700

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By House Committee on State Government (originally sponsored by Representatives H. Sommers, Baugher, Chandler, Unsoeld and Brough; by request of Office of Financial Management)

Read first time 2/5/88.

AN ACT Relating to state employee salary overpayments; and adding a new section to chapter 42.16 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 42.16 RCW to read as follows:

          Whenever there has been a determination that an employee has received more compensation than that to which he or she is entitled, the employing agency shall recoup the overpayments and may deduct a reasonable amount from each payroll warrant of the employee until total recovery is made as provided in this section.  Recoupment may be waived if the employing agency determines that the cost of recoupment will exceed the amount of the overpayment.  The agency shall give notice to the employee of the impending reduction in pay and documentation supporting the overpayment determination at least fifteen calendar days before the effective date of the action.  The agency shall give the employee the opportunity to provide evidence or information, if any, refuting that determination.  The employing agency shall review the documentation and shall make a final determination on the overpayment before the commencement of the recoupment procedure.  An employee may appeal the employing agency's final determination under chapter 34.04 RCW.  Recoupment of the overpayment shall be stayed pending completion of the appeals process.  The office of financial management shall adopt the necessary rules to implement the overpayment recoupment process.  The remedy provided the state in this section in no way limits any other statutory or common law remedies available to the state for the recoupment of overpayments to its employees, including the filing of a civil action by the state for the recoupment of such overpayments.