Section 106.19. Trade adjustment assistance overpayment waiver.

 

(1)  On or before October 8, 1989, the department shall establish a policy for waiving recovery of overpayments made under the federal adjustment assistance for workers program under 19 USC 2272 to 2318 .

(2)  The waiver policy shall require the department to grant a waiver if all of the following apply:

(a) The overpayment was not the fault of the person who received it.

(b) Requiring repayment would be contrary to equity and good conscience.

(3)  The department shall do all of the following:

(a) Notify all of the following persons of the waiver policy and the person's right to request a waiver:

1. A person from whom the department attempts to recover an overpayment made under 19 USC 2272 to 2318 .

2. A person from whom the department is in the process of recovering an overpayment made under 19 USC 2272 to 2318 .

(b) Comply with the guidelines issued by the U.S. secretary of labor under 19 USC 2315 in connection with the waiver policy.

(c) Establish the waiver policy by rule, using the procedure under s. 227.24 .

1989 a. 31 ; 1995 a. 27 s. 3719 ; Stats. 1995 s. 106.19. Cross-reference: See also ch. DWD 135 , Wis. adm. code.