PROPOSED CHANGES TO THE 
REGULATIONS CONCERNING EMPLOYMENT SECURITY
PART XV	BENEFIT OVERPAYMENTS

15.3	ESTABLISHING AND RECOVERING BENEFIT OVERPAYMENTS

15.3.1	STATUTORY REFERENCES:  8-74-109 AND 8-72-109, C.R.S.

15.3.2	ESTABLISHING BENEFIT OVERPAYMENT FOR RECOVERY.  IN DETERMINING WHETHER IT WOULD BE ADMINISTRATIVELY IMPRACTICABLE TO SET UP AND/OR RECOVER AN OVERPAYMENT OF BENEFITS, THE DIVISION DIRECTOR SHALL PERFORM A COST-BENEFIT ANALYSIS OF THE ADMINISTRATIVE COSTS TO RECOVER THE OVERPAID BENEFITS AS IT RELATES TO THE TOTAL AMOUNT OF THE OVERPAID BENEFITS.  THE DIRECTOR SHALL CONSIDER ALL RELEVANT FACTORS INCLUDING, BUT NOT LIMITED TO: 

.1	 AN ANALYSIS OF THE COST TO THE DIVISION TO SET UP THE OVERPAID BENEFITS IN THE SYSTEM OF RECORD;

.3	AN ANALYSIS OF THE COST TO THE DIVISION FOR ATTEMPTS AT RECOVERING THE OVERPAID BENEFITS; AND

.2	A DETERMINATION THAT THE OVERPAYMENT IS NOT DUE TO FALSE REPRESENTATION OR WILLFUL FAILURE TO DISCLOSE A MATERIAL FACT.