R994-406-406. Agency Error in Determining Disqualification Periods

(1) If the Department has sufficient evidence to assess a disqualification before paying unemployment insurance benefits, but fails to act, a fraud disqualification will not be assessed even if the claimant provided false or information or made deliberate omissions. (2) The resulting overpayment will be assessed under Subsection 35A-4-406(4)(b) or 35A-4-406(5)(a).