The Director of Employment Development, subject to this article, may do any or all of the following in the recovery of overpayments of disability benefits:
(a) File a civil action against the liable person for the recovery of the amount of the overpayment within one year after any of the following, or, in cases where the individual has been overpaid benefits due to fraud, misrepresentation, or nondisclosure as described in Section 2735.1, within three years of any of the following:
(1) The mailing or personal service of the notice of overpayment determination if the person affected does not file an appeal to an administrative law judge.
(2) The mailing of the decision of the administrative law judge if the person affected does not initiate a further appeal to the appeals board.
(3) The date of the decision of the appeals board.
(b) Initiate proceedings for a summary judgment against the liable person. However, this subdivision applies only where the director has found, pursuant to Section 2735, that the overpayment shall not be waived because it was due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient. The director may, not later than three years after the overpayment became final, file with the clerk of the proper court in the county in which the claimant resides, a certificate containing all of the following:
(1) The amount due, including the assessment made under Section 2735.1, plus interest from the date that the initial determination of overpayment was made pursuant to Section 2735.
(2) A statement that the director has complied with all of the provisions of this article prior to the filing of the certificate.
(3) A request that judgment be entered against the liable person in the amount set forth in the certificate.
The clerk, immediately upon filing of the certificate, shall enter a judgment for the State of California against the liable person in the amount set forth in the certificate.
For purposes of this subdivision only, an overpayment is final and due and payable after one of the following:
(A) The liable person has not filed an appeal pursuant to Section 2737.
(B) The liable person has filed an appeal to an administrative law judge and a decision of the administrative law judge upholding the overpayment has become final.
(C) The liable person has filed an appeal to the appeals board and the decision of the appeals board upholding the overpayment has become final because the liable person has not sought judicial review within the six-month period provided by Section 410.
(c) Reduce or vacate a summary judgment by filing a certificate to that effect with the clerk of the proper court.
(d) Offset the amount of the overpayment received by the liable person against any amount of disability benefits to which he or she may become entitled under this division within six years of the date of mailing or personal service of the notice of overpayment determination.
(Amended by Stats. 2008, Ch. 179, Sec. 212. Effective January 1, 2009.)
Last modified: October 25, 2018