§ 1375. — 1375. (Amended by Stats. 1994, Ch. 1050, Sec. 3.)

Any person who is overpaid any amount of benefits under this part is liable for the amount overpaid unless any of the following is applicable:
(a)
(1)
The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient, and (2) the overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience.
(b)
The person who received the overpayment cooperates with the department in an investigation that results in the assessment of a penalty under Section 1144 or the prosecution or other action taken to impose a penalty pursuant to Section 2121.
(c)
The department determines that it is in the interest of justice to waive all or part of the liability established under this section because the overpayment was a direct result of inducement, solicitation, or coercion on the part of the employer.

Legislative History

Amended by Stats. 1994, Ch. 1050, Sec. 3. Effective January 1, 1995.