§383-44  Recovery of benefits paid. 
(a)  Any person who has received any amount as benefits under this chapter to
which the person was not entitled shall be liable for the amount unless the
overpayment was received without fault on the part of the recipient and its
recovery would be against equity and good conscience.  Notice of
redetermination in these cases shall specify that the person is liable to repay
to the fund the amount of overpaid benefits, the basis of the overpayment, and
the week or weeks for which the benefits were overpaid.



(b)  The person liable, in the discretion of
the department, shall either repay the amount to the department for the fund or
have the amount deducted from any future benefits payable to the person under
this chapter within two years after the date of mailing of the notice of
redetermination or the final decision on an appeal from the redetermination.



(c)  Notwithstanding any other provision of
this chapter, the department, by agreement with another state or the United States
as provided under section 303(g) of the Social Security Act, may recover any
overpayment of benefits paid to any individual under the laws of this State or
of another state or under an unemployment benefit program of the United
States.  Any overpayments subject to this subsection may be deducted from any
future benefits payable to the individual under the laws of this State or of
another state or under an unemployment program of the United States.



(d)  In any case in which under this section an
individual is liable to repay any amount to the department, the amount shall be
collectible without interest by civil action in the name of the State by the
attorney general. [L 1939, c 219, §15; RL 1945, §4292; am L 1953, c 22, §1(3);
am L 1955, c 51, §1(5); RL 1955, §93-43; am L 1959, c 232, §1; am L Sp 1959 2d,
c 1, §27; HRS §383-44; gen ch 1985; am L 1993, c 176, §1]