29.512—Reconsideration by the Benefits Administrator.
(a)
Right to reconsideration of
overpayment determinations. Individuals who
receive a demand letter and who wish to contest
the existence or amount of the overpayment may ask
the Benefits Administrator to reconsider the
determination.
(b)
Requests for waiver or
compromise. Individuals who wish to seek
waiver or compromise of the overpayment may file
such requests with the Department under § 29.514.
An individual may file a request for
reconsideration in addition to a request for
waiver or compromise.
(c)
Form and timing of requests for
reconsideration. (1) A request for
reconsideration must be in writing and must state
the basis for the request. Individuals requesting
reconsideration will be given a full opportunity
to present any pertinent information and
documentation supporting their position and
should, to the extent possible, include such
information and documentation in their
request.
(2)
A request for reconsideration must be
received by the Benefits Administrator within 60
calendar days of the date of the demand letter.
The Department may extend the time limit for
filing when the individual shows that he or she
was not notified of the time limit and was not
otherwise aware of it, or that he or she was
prevented by circumstances beyond his or her
control from making the request within the time
limit, or for other good and sufficient
reason.
(3)
When a request for reconsideration covered
by this subpart is properly filed before the death
of the debtor, it will be processed to completion
unless the relief sought is nullified by the
debtor's death.
(d) Reconsideration decisions.
(1)
The Benefits Administrator's decision on a
request for reconsideration will be based upon the
individual's written submissions, evidence of
record, and other pertinent available
information.
(iii)
If the individual is determined to be
liable for all or a portion of the overpayment,
reaffirm or modify the conditions for the
collection of the overpayment previously proposed
in the demand letter;
(iv)
Provide notice of the right to appeal the
Benefits Administrator's decision to the
Department, the address to which such an appeal
must be submitted, and the time limits applicable
to such an appeal; and
(v)
State that a timely appeal of the Benefits
Administrator's decision to the Department will
suspend action to collect the debt.
(e)
Appeal of reconsideration
decisions. The Department will review an
appeal of a reconsideration decision under §
29.513.