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CODE OF COLORADO REGULATIONS 8 CCR 1403-1 Colorado Child Care Assistance Program

136 (12) months and the overpayments total less than fifty dollars ($50), a recovery for repayment is not made. B. If an overpayment occurs due to willful misrepresentation or withholding of information and the county is unable to determine income and activity eligibility criteria for child care previously provided, either through verification from the household or child care provider(s) or access to other verification sources, the county shall recover the entire benefit for the affected months. 1. For willful misrepresentation and/or withholding of information, all overpayments will be pursued regardless of how long ago they occurred. 3.147 RECOVERY PROCESS A. When is the county determines that an overpayment has occurred, the counties or their designee shall: 1. Document the facts and situation that produced the overpayment and retain this documentation until the overpayment is paid in full or for three (3) years plus the current year, whichever is longer. 2. Determine what benefits the household was eligible for and recover benefits for which the household was found to be ineligible, except in the case of willful misrepresentation or withholding of information. 3. Determine the payments for which the child care provider was not eligible and recover those payments. 4. Initiate timely written notice allowing for the fifteen (15) calendar day noticing period. Such notice shall include a complete explanation, including applicable rules, concerning the overpayment, recovery sought and appeal rights. 5. Take action to recover following the right of appeal and fair hearing process. 6. Pursue all legal remedies available to the county in order to recover the overpayment. Legal remedies include, but are not limited to: