Initiation of Recoupment

(1) No collection efforts will be commenced by the Department and no current or future unemployment benefits will be withheld to offset an overpayment until the determination, redetermination, or decision issued pursuant to M.G.L. c. 151A, § 71 has become "final". Said determination, redetermination, or decision is not "final" until the overpaid claimant has exhausted all levels of administrative and judicial review or has failed to request review at the next applicable level within the time allowed by law. A determination or decision on a waiver request becomes "final" within the meaning of 430 CMR 6.00 when the overpaid claimant has exhausted all levels of administrative review. (2) Recoupment shall commence after the determination, redetermination or decision issued pursuant to M.G.L. c. 151A, § 71 becomes final, unless the overpaid claimant has, within 15 days after notice of his or her right to request a waiver, requested a waiver. If no request for waiver has been filed during the 15 day period, or if the overpaid claimant has made an election pursuant to 430 CMR 6.07(1)(e), the Department shall commence recoupment until such time as a waiver request is received. (3) Upon receipt of a waiver request, the Department shall cease any recoupment activity previously initiated until such time as a determination or decision on the waiver request becomes final, at which time recoupment shall continue.