50-7-715 - Repayment of unemployment benefits as a result of a violation of this chapter Interest on amount due Appeal does not toll interest Application of moneys received. [Effective January 1,
50-7-715. Repayment of unemployment benefits as a result of a violation of this chapter Interest on amount due Appeal does not toll interest Application of moneys received. [Effective January 1, 2010.]
(a) Any person who has received unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose any material fact, or by making a false statement or false representation without a good faith belief as to the correctness of the statement or representation, after a determination by the commissioner that such a violation has occurred, shall be required to repay the amount of benefits received.
(b) In addition to the requirements of subsection (a), the commissioner shall assess interest at a rate of no more than one and one half percent (1.5%) per month on the total amount due that remains unpaid thirty (30) calendar days after the date on which the commissioner sends notice of the commissioner's determination that a violation has occurred to the last known address of the claimant. For purposes of this subsection (b), total amount due includes the unemployment benefits received pursuant to subsection (a).
(c) A pending appeal of the order of the commissioner shall not suspend the assessment of interest on unemployment benefits obtained in violation of this chapter.
(d) Moneys received by the department in repayment of unemployment benefits and interest pursuant to subsections (a) and (b) shall first be applied to the unemployment benefits received, then to any interest due. These moneys shall be used by the department to defray the costs of deterring, detecting or collecting overpayments.
[Acts 2009, ch. 479, § 3.]