461-195-0561 Effective 04/01/14
Compromise of an Overpayment Claim
This rule specifies when and how the Department may compromise an overpayment (see OAR 461-195-0501) claim.
- The Department may consider a request to compromise an overpayment claim only if the estimated administration and collection costs necessary to collect the account in full likely exceed the current balance of the overpayment.
- The following limitations apply to the compromise of an overpayment claim:
- The authority of the Department to compromise may be limited by federal or state law.
- The Department may compromise a claim only once it is a liquidated claim (see OAR 461-195-0551).
- The Department may compromise a claim only if the requester has made a good faith effort to repay the overpayment.
- The Department may not compromise:
- A fraud overpayment claim;
- Any overpayment claim, unless 36 months have passed since the requester initially was notified of the overpayment;
- An overpayment claim if the debtor has the ability to repay the overpayment in full within 36 months of the request date.
- An overpayment claim for less than 75 percent of the total amount of the claim.
- An overpayment claim if the debtor is a member, currently or in the previous 12 months, of a filing group or OCCS medical program household group (see OAR 410-200-0015) that received benefits under the program in which the overpayment occurred.
- A child care provider overpayment claim if the provider, currently or in the previous 12 months, received a direct provider payment for child care under division 165 of this chapter of rules.
- The Department may allow a compromised claim to be paid in installments over a period not to exceed 90 days.
- During the 12 months following the date of the compromise agreement, the Department reserves the right to collect the original unmitigated claim through benefit reduction under OAR 461-195-0551.
Stat. Auth.: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, HB 2089 (2013, Section 10)
Stats. Implemented: ORS 409.010, 411.060, 411.404, 411.635, 411.816, 412.014, 412.049, 416.350