Section 603 – Civil liability for overpayment.

Effective 5/12/2020 35A-3-603. Civil liability for overpayment. (1) A provider, recipient, or other person who receives an overpayment shall, regardless of fault, return the overpayment or repay its value to the department immediately: (a) upon receiving written notice of the overpayment from the department; or (b) upon discovering the overpayment, if that occurs before receiving […]

Section 604 – Obligor presumed to have notice of department’s rights — Authority to administer oaths, issue subpoenas, and compel witnesses and production of documents — Recovery of attorney fees, costs, and interest — Rulemaking authority — Administrative procedures.

Effective 5/12/2015 35A-3-604. Obligor presumed to have notice of department’s rights — Authority to administer oaths, issue subpoenas, and compel witnesses and production of documents — Recovery of attorney fees, costs, and interest — Rulemaking authority — Administrative procedures. (1) An obligor is presumed to have received notice of the rights of the department under […]

Section 605 – Issuance or modification of administrative order — Voluntary acknowledgment of overpayment — Court orders supersede administrative orders — Notification requirement.

Effective 5/12/2015 35A-3-605. Issuance or modification of administrative order — Voluntary acknowledgment of overpayment — Court orders supersede administrative orders — Notification requirement. (1) (a) Through an adjudicative proceeding, the department may issue or modify an administrative order that: (i) determines whether an overpayment was made, the amount of the overpayment, and whether benefits were […]

Section 606 – Docketing abstract of final administrative order — Real property and personal property liens — Effect of order — Execution.

Effective 5/12/2015 35A-3-606. Docketing abstract of final administrative order — Real property and personal property liens — Effect of order — Execution. (1) (a) An abstract of a final administrative order may be docketed in the district court of any county in the state. (b) The time of receipt of the abstract shall be noted […]

Section 607 – Property subject to execution or lien — Restriction on transfer or conveyance — Release of excess amount above liability to obligor.

Effective 5/12/2015 35A-3-607. Property subject to execution or lien — Restriction on transfer or conveyance — Release of excess amount above liability to obligor. (1) (a) Unless released under Subsection (1)(b), after receiving notice that an abstract has been docketed and a lien established under this part, a person in possession of property that may […]

Section 608 – Schedule of payments to be paid upon liability — Establishment — Cancellation.

Effective 5/12/2015 35A-3-608. Schedule of payments to be paid upon liability — Establishment — Cancellation. (1) The department may at any time: (a) consistent with the income, earning capacity, and resources of the obligor, set or reset the level and schedule of payments to be paid upon the liability; and (b) cancel the schedule of […]

Section 609 – Statute of limitation — Enforcement of lien or order.

Effective 5/12/2015 35A-3-609. Statute of limitation — Enforcement of lien or order. The department may not take action for the enforcement of an order or lien issued under this part unless the action is commenced within eight years of the date of the order. Amended by Chapter 221, 2015 General Session

Section 610 – Legal representation at hearings.

Effective 5/12/2015 35A-3-610. Legal representation at hearings. (1) A party may be represented by legal counsel at a hearing held under this part. (2) At the request of the department, the attorney general or the county attorney shall represent the department in a proceeding commenced under this part. Amended by Chapter 221, 2015 General Session