Section 6.08 - Determination on Waiver Request(1) After a request for waiver is received, the Commissioner or his authorized representative shall promptly determine, in accordance with the procedures established by the Commissioner, and after making such inquiries and investigations as he deems necessary, whether or not the waiver request will be granted. If the determination is to deny waiver, the written notice to the person of the determination shall conform to 801 CMR 1.02(6): Initiation of Adjudicatory Proceedings and shall include: (a) a finding on each element of M.G.L. c. 151A, § 69(c), specifically, "fault", "against equity and good conscience", and "defeat the purpose of benefits otherwise authorized". Provided however, that if the waiver request is denied on the ground that the overpaid claimant was at "fault", findings on "against equity and good conscience" and "defeat the purpose of benefits otherwise authorized" will not be made;(b) the amount of the overpayment;(c) an explanation of the overpaid claimant's right to request a hearing on the denial, and the time limits and procedures for requesting such a hearing; and(d) an explanation that the overpaid claimant may present any evidence in support of his or her request for waiver at such a hearing including, but not limited to, evidence which was not presented at the waiver determination interview, and evidence relating to any issue on which no finding was made.(2) Redeterminations under M.G.L. c. 151A, § 71 and determinations on waiver requests shall, to the extent practicable, be issued simultaneously.Amended by Mass Register Issue 1263, eff. 6/20/2014.Amended by Mass Register Issue 1388, eff. 4/5/2019.Amended by Mass Register Issue 1475, eff. 7/15/2022 (EMERGENCY).