(1) If a potential overpayment exists, the department will provide you with a written overpayment advice of rights explaining the following:
(a) The reasons you may have been overpaid;
(b) The amount of the possible overpayment as of the date the notice is sent;
(c) The fact that the department will collect overpayments as provided in WAC
192-230-100;
(d) The fact that final overpayments are legally enforceable debts which must be repaid whether or not you are claiming unemployment benefits;
(e) The fact that these debts can be the basis for warrants which can result in liens, notices to withhold and deliver personal properties, possible sale of real and personal properties, and garnishment of salaries;
(f) An explanation that if you are not at fault, you may request a waiver of the overpayment; and
(g) A statement that you have five working days plus reasonable mailing time, if any, to submit information about the possible overpayment and whether you are at fault. If you do not provide the information within this time frame, the department will make a decision based on available information about the overpayment and your eligibility for waiver.
(2) Any amounts deducted from your benefit payments for federal income taxes or child support are considered paid to you and will be included in the overpayment.
[Statutory Authority: RCW
50.12.010 and
50.12.040. WSR 17-04-090, § 192-220-010, filed 1/31/17, effective 3/3/17; WSR 16-21-013, § 192-220-010, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW
50.12.010,
51.12.040, and
50.20.010. WSR 08-21-056, § 192-220-010, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW
50.12.010,
50.12.040,
50.12.042. WSR 05-01-076, § 192-220-010, filed 12/9/04, effective 1/9/05.]