2016 Utah Code
Title 35A - Utah Workforce Services Code
Chapter 3 - Employment Support Act
Part 6 - Administrative Determination of Overpayment Act
Section 605 - Issuance or modification of administrative order -- Voluntary acknowledgment of overpayment -- Court orders supersede administrative orders -- Notification requirement.

Effective 5/12/2015
35A-3-605. Issuance or modification of administrative order -- Voluntary acknowledgment of overpayment -- Court orders supersede administrative orders -- Notification requirement.

• (1)
  • (a) Through an adjudicative proceeding, the department may issue or modify an administrative order that:
    • (i) determines whether an overpayment was made, the amount of the overpayment, and whether benefits were obtained by an intentional program violation;
    • (ii) reduces the overpayment determined by an administrative judgment; or
    • (iii) renews an administrative judgment.
  • (b) The department shall commence an adjudicative proceeding to renew a judgment by serving notice of agency action on the obligor before the judgment is barred by the applicable statute of limitations.

• (2) The department may accept voluntary acknowledgment of an overpayment obligation and enter into stipulated agreements to issue orders and judgments.

• (3)
  • (a) A provision of an administrative order is enforceable against an obligor, unless it is in direct conflict with or is superseded by a provision of a court order.
  • (b) To the extent of any conflict, the court order governs.

• (4) After being properly served with a notice of agency action under this part, an obligor shall notify the department of any subsequent change of address or employment.

Amended by Chapter 221, 2015 General Session