§ 35A-3-605. Issuance or modification of administrative order -- Voluntary acknowledgment of overpayment -- Court orders supersede administrative orders -- Notification requirement.

(1) As used in Subsection (2)(a)(i), "intentional program violation" means obtaining an "overpayment" as defined in Section 35A-3-602.

(2)

(a) Through an adjudicative proceeding, the department may issue or modify an administrative order that:

(i) determines whether an overpayment was made, the amount of the overpayment, and whether benefits were obtained by an intentional program violation;

(ii) reduces the overpayment to an administrative judgment; or

(iii) renews an administrative judgment.

(b) The department shall commence an adjudicative proceeding to renew a judgment by serving notice of agency action on the obligor before the judgment is barred by the applicable statute of limitations.

(3) The department may accept voluntary acknowledgment of an overpayment obligation and enter into stipulated agreements to issue orders and judgments.

(4)

(a) A provision of an administrative order is enforceable against an obligor, unless it is in direct conflict with or is superseded by a provision of a court order.

(b) To the extent of any conflict, the court order governs.

(5) After being properly served with a notice of agency action under this part, an obligor shall notify the department of any subsequent change of address or employment.

Renumbered and Amended by Chapter 90, 2003 General Session