2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 21. LABOR AND INDUSTRIAL RELATIONS
383. Hawaii Employment Security Law
§383-44 Recovery of benefits paid.
§383-44 Recovery of benefits paid. (a) Any person who has received any amount as benefits under this chapter to which the person was not entitled shall be liable for the amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. Notice of redetermination in these cases shall specify that the person is liable to repay to the fund the amount of overpaid benefits, the basis of the overpayment, and the week or weeks for which the benefits were overpaid.
(b) The person liable, in the discretion of the department, shall either repay the amount to the department for the fund or have the amount deducted from any future benefits payable to the person under this chapter within two years after the date of mailing of the notice of redetermination or the final decision on an appeal from the redetermination.
(c) Notwithstanding any other provision of this chapter, the department, by agreement with another state or the United States as provided under section 303(g) of the Social Security Act, may recover any overpayment of benefits paid to any individual under the laws of this State or of another state or under an unemployment benefit program of the United States. Any overpayments subject to this subsection may be deducted from any future benefits payable to the individual under the laws of this State or of another state or under an unemployment program of the United States.
(d) In any case in which under this section an individual is liable to repay any amount to the department, the amount shall be collectible without interest by civil action in the name of the State by the attorney general. [L 1939, c 219, §15; RL 1945, §4292; am L 1953, c 22, §1(3); am L 1955, c 51, §1(5); RL 1955, §93-43; am L 1959, c 232, §1; am L Sp 1959 2d, c 1, §27; HRS §383-44; gen ch 1985; am L 1993, c 176, §1]
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