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

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

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

(d)  In any case in which under this section anindividual is liable to repay any amount to the department, the amount shall becollectible without interest by civil action in the name of the State by theattorney 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]