Deduction of benefits paid in error not due to recipient fault; director discretion; civil action by director to recover benefits paid in error. (1)(a) If the Director of the Employment Department decides that a covered individual has been paid benefits to which the covered individual is not entitled because of an error not due to the covered individual providing a false statement or misrepresentation of a material fact or not disclosing a material fact, or because an initial decision to pay benefits is subsequently reversed by a decision finding that the covered individual is not eligible for the benefits, then the covered individual is liable to have the amount of any benefits paid in error deducted from any future benefits otherwise payable to the covered individual under this chapter for any week or weeks within five years following the week in which the decision establishing the erroneous payment became final

(b) For purposes of paragraph (a) of this subsection, the director may deduct all or any part of the covered individual’s future weekly benefits.

(c) Any notice provided to a covered individual of the covered individual’s liability for recovery of benefits under this section must include a description of:

(A) The basis for the director’s decision that benefits have been overpaid; and

(B) The consequences of the overpayment, including recovery of the overpaid amount and the possibility of waiver under ORS 657B.336.

(2) Subject to ORS 657B.410, a decision of the director under this section does not authorize the recovery of the amount of any benefits paid to a covered individual until the decision is final.

(3) The director may bring a civil action against a covered individual to recover amounts paid to the covered individual in excess of the maximum benefits allowable pursuant to this chapter. [2023 c.120 §2]

Note: See note under 657B.332.