Section 69B Set-off against refunds; notice; review - Massachusetts Statutes

Section 69B. In addition to any other remedy provided by this chapter, the commissioner may request that the amount payable to the department by an individual resulting from an overpayment of unemployment benefits which has become final as specified in 430 CMR 6.12 be set off against any refund owed such individual by the department of revenue; provided, however, that such individual is notified of the intention to request a set off of the amount owed and the right to apply to the commissioner for a review of such intention. The application for review shall be filed within twenty days after mailing or delivery of said notice and shall set forth the grounds for such application. The grounds shall be limited to the identity of the individual and the amount to be set off. The commissioner shall review the application and, where applicable, reconsider the intention to request a set off. Thereafter, notice of the results of the commissioner’s review of the application shall be mailed to the individual and this notice shall be final and not subject to appeal under any provision of this chapter; except that if a refund is set off for any amount owed the department, the individual may appeal such set off in accordance with the provisions of sections thirty-nine to forty-two, inclusive, and the commissioner shall refund to the individual any amount which has been set off erroneously. The grounds for appeal shall not include any issue that has been the subject of a prior appeal or which could have been the subject of a prior appeal if the individual or employer had filed a timely appeal.