Amended by Stats. 2015, Ch. 569, Sec. 11. (AB 1140) Effective January 1, 2016.
(a)Any recipient of an overpayment pursuant to this chapter is liable to repay the board that amount unless both of the following facts exist:
(1)The overpayment was not due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient.
(2)The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience.
(b)All actions to collect overpayments shall commence within seven years from the date of the overpayment. However, an action to
collect an overpayment due to fraud, misrepresentation, or willful nondisclosure by the recipient may be commenced at any time.
(c)Any recipient of an overpayment is authorized to contest the staff recommendation of an overpayment pursuant to the hearing procedures in Section 13959. If a final determination is made by the board that an overpayment exists, the board may collect the overpayment in any manner prescribed by law.
(d)All overpayments exceeding two thousand dollars ($2,000) shall be reported to the Legislature pursuant to Section 13928 and the relief from liability described in subdivision (a) shall be subject to legislative approval.
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