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Authority: AS 47.25.001 AS 47.25.071 7 AAC 39.055. Overpayment of grant money. (a) If the department determines that an overpayment of grant money has occurred, the department will provide a written notice to the facility that

(1) includes the department’s determination, and the basis for that determination;

(2) advises the facility of the opportunity to develop a repayment plan;

(3) advises that if the facility refuses to cooperate in the development of a repayment plan within 15 days after receiving a notice under this subsection, the department will take action to recover the overpayment through collection procedures or deduction from any future amounts paid under AS 47.25.071 and this chapter; and

(4) advises that the facility has the right to request an administrative review of the decision under 7 AAC 39.800. (b) The department will consult with the facility to develop and approve a repayment plan. If the facility fails to comply with a repayment plan developed under this subsection, the department will take action to recover the overpayment through collection procedures or deduction from any future amounts paid under AS 47.25.071 and this chapter. The department will provide a written notice to the facility that

(1) describes the action the department intends to take, and the effective date of that action; and

(2) advises the facility of the right to request an administrative review of the decision under 7 AAC 39.800. (c) Unless the facility requests an administrative review under 7 AAC 39.800, a department action to recover an overpayment is effective 15 days after the facility receives notice

(1) under (a) of this section if the facility refuses to cooperate with the development of a repayment plan; or

(2) under (b) of this section if the facility fails to comply with a repayment plan developed under this section. (Eff. 6/23/2006, Register 178)