Waiver of recovery of overpaid benefits; director discretion; liability extinguished.

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(2)(a) Except as provided in paragraph (b) of this subsection, the director may waive recovery of all or any part of overpaid benefits subject to repayment or deduction under ORS 657.310 (1) or 657.315 (1) if the director finds that recovery of the benefits would be against equity and good conscience.

(b) The director may not waive recovery under this subsection of overpaid benefits that are subject to the penalty imposed under ORS 657.310 (2).

(3) The director may waive establishment and recovery of overpaid benefits when no decision has been issued under ORS 657.310 or 657.315 and the amount of the overpayment is less than one-half of the maximum weekly benefit amount in effect at the time the overpayment is discovered.

(4) Any waiver granted under this section extinguishes all liability of the debtor for the waived amounts. [1983 c.528 §§6,7; 1995 c.105 §7; 2011 c.514 §1; 2021 c.388 §3]

Note: See note under 657.310.


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