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Nevada TANF State Plan P a g e | 3 3 Effective December 31, 2020

7.4 Notification of Overpayments Individuals that are presumed responsible for repayment of incorrectly paid benefits are notified, in writing, of the overpayment and afforded an opportunity for a hearing to contest the establishment of the debt. If the debt is not contested within 90 days of the date of notification, the individual is deemed responsible by default and subject to any and all recovery actions permitted under state or federal law. 7.5 Collection of Overpayments Reasonable attempts are made to recover incorrectly paid benefits from the individual(s) that received the benefit. Recovery actions include, but are not limited to, benefit withholding, direct payment, court ordered action, or any other action permitted under state or federal law. Collections are accomplished differently for participating and non-participating cases. • Participating (Eligible) Case If the overpayment is due to agency error or recipient error the Division withholds 10% of ongoing benefit amounts until the overpayment is retired. If the overpayment is due to an intentional program violation, the Division withholds 20% on the ongoing benefit amounts until the overpayment is retired. • Non-Participating (Ineligible) Case Communication is established with the responsible parties to negotiate direct repayment of the overpayment. The Division reserves the right to exercise enforcement authority when the responsible individual(s) fail to demonstrate reasonable effort toward satisfying the overpayment. 7.6 Forgoing Recovery When Not Cost Effective Recovery of an overpayment(s) is not pursued when the division determines pursuit of the debt is not cost effective. Circumstances include, but are not limited to, debts under $125, interstate actions, and instances where the responsible party does not possess the present or anticipated ability to repay the debt. 7.7 Agency Errors Agency caused TANF overpayments will not be pursued except where the error was the result of: • An action resulting in a benefit which the recipient should have reasonably known was an error or mistake; or • Worker and recipient action to commit illegal receipt of benefits. 7.8 Waiver of Repayment Overpayments, both recipient and agency caused, may be waived permanently or temporarily by the Division Administrator if the overpayment was not the result of an intentional misrepresentation or omission by the recipient and, when collection would