Page 89
Oklahoma Statutes - Title 40. Labor Page 89 b. an individual has received benefits and the decision to grant benefits was reversed at a higher level of appeal. The individual shall be liable to have this sum deducted from any future benefits payable to the individual with respect to the benefit year current at the time of the receipt and the next subsequent benefit year that begins within one (1) year after the expiration of the benefit year current at the time of the receipt. No interest shall accrue on administrative overpayments. An individual may voluntarily repay an administrative overpayment with private funds. Added by Laws 1980, c. 323, § 2-613, eff. Oct. 1, 1980. Amended by Laws 1981, c. 259, § 12, emerg. eff. June 25, 1981; Laws 1986, c. 205, § 5, emerg. eff. June 6, 1986; Laws 1987, c. 10, § 2, emerg. eff. March 31, 1987; Laws 1992, c. 318, § 1, eff. July 1, 1992; Laws 2002, c. 452, § 13, eff. Nov. 1, 2002; Laws 2005, c. 182, § 5, eff. Nov. 1, 2005; Laws 2012, c. 196, § 6, emerg. eff. May 8, 2012; Laws 2016, c. 287, § 6, eff. Nov. 1, 2016; Laws 2018, c. 14, § 8, eff. Nov. 1, 2018.
§40-2-614. Waiver of appeal time. WAIVER OF APPEAL TIME. All time periods provided for appeals pursuant to the provisions of Article 2 of the Employment Security Act of 1980 may be waived for good cause shown up to one (1) year after the date of the determination or redetermination; provided, this waiver shall not apply to appeals to district court of decisions of the Board of Review. Added by Laws 1983, c. 270, § 7, emerg. eff. June 23, 1983. Amended by Laws 1992, c. 318, § 2, eff. July 1, 1992; Laws 2003, c. 177, § 4, eff. Nov. 1, 2003; Laws 2019, c. 251, § 6, eff. July 1, 2019.
§40-2-615. Waiver of interest. Any interest, or any portion thereof, that accrues pursuant to the provisions of Section 2-613 of Title 40 of the Oklahoma Statutes, may be waived by the Oklahoma Employment Security Commission provided the failure of the claimant to remit payment at the time a determination of overpayment was made: 1. Is explained to the satisfaction of the Commission; 2. Resulted from a mistake by the claimant of either the law or the facts concerning the repayment of overpayment benefits; or 3. Was caused by insolvency of the claimant. No waiver of interest shall be granted unless a request for waiver is filed with the Commission within a three-year period from the date the interest accrued. No waiver of interest shall be granted to a claimant if it is determined that the claimant received an overpayment of benefits through fraud.