<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 09.32.07.08" title_num="09" subtitle_num="32" chapter_num="07" heading="Processing of Application for Waiver of Overpayment.">
  <paragraph num="A.">
    <text>After an application for waiver of overpayment is received, the local office representative shall determine the cause of the overpayment and forward the application to the Department's recoveries section. The recoveries section shall make the initial recommendation to recover or waive the overpayment.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If the recommendation is to recover the overpayment and deny waiver, written notice shall be given to the claimant. The notice shall include a statement:</text>
    <paragraph num="(1)">
      <text>Of the reasons for the proposed denial in accordance with Regulation .05 of this chapter, including a determination of fault and the claimant's ability to pay. If the waiver request is denied on the ground that the overpaid claimant was at fault, however, no further finding will be made.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Advising the claimant of the right to provide additional information within 15 days to the Secretary for the Secretary's consideration.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Applications recommended for approval shall be forwarded to the Secretary.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The Secretary may grant a waiver of overpayment only within 1 year of the initial determination establishing the overpayment. The 1-year period shall be stayed pending the outcome of any appeal.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Following the grant or denial of a request for waiver of recovery of an overpayment, the Department shall promptly deliver to the claimant a written notice setting out the basis for grant or denial of the request and explaining the claimant's appeal rights.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Within 30 days of the delivery of a denial of a request for waiver of a recovery of overpayment, a claimant may appeal the denial in accordance with COMAR 09.32.11 or, if the claimant disagrees with the decision issued, in accordance with COMAR 09.32.06, as applicable.</text>
  </paragraph>
</regulation>