DCF 101.23(1)(h)(h) “Recoupment” means the process of repayment of an overpayment by the department withholding a portion of a W-2 participant’s grant under s. 49.148, Stats. DCF 101.23(2)(a)(a) A county, tribal governing body, W-2 agency, or the department shall determine whether an overpayment has been made under s. 49.148, 49.155, 49.157, or 49.19, Stats., and if so, the amount of the overpayment. DCF 101.23(2)(b)(b) The county, tribal governing body, W-2 agency, or department shall send notice of the overpayment at the address of a debtor as it appears on the records of the department. Documentation that a county, tribal governing body, W-2 agency, or the department properly mailed the notice to the address of the debtor as it appears on the records of the department and that it was not returned as undeliverable shall be prima facie evidence that notice was delivered and received. DCF 101.23(2)(c)(c) The notice shall include the reason for the overpayment, the time period in which the overpayment occurred, the amount of the overpayment, and notice of the right to appeal the overpayment determination. DCF 101.23(2)(d)(d) The department shall give the debtor an opportunity for review following the procedure specified under s. 49.152 (2), Stats., if the debtor received the overpayment under s. 49.148 or 49.157, Stats., or for a hearing under ch. 227, Stats., if the debtor received an overpayment under s. 49.155 or 49.19, Stats. DCF 101.23(3)(a)(a) Liability shall extend to any parent, nonmarital coparent, or stepparent whose family receives benefits under s. 49.148, 49.155, 49.157, or 49.19, Stats., during the period that the parent, nonmarital coparent, or stepparent is an adult member of the same household, but each individual’s liability is limited to that period. For the purpose of determining liability for an overpayment of a child care subsidy under s. 49.155, Stats., “parent” has the meaning given in s. 49.155 (1) (c), Stats. DCF 101.23(3)(b)(b) Liability for repayment of an overpayment shall be joint and several. DCF 101.23(3)(c)(c) Liability for overpayments caused by administrative error shall be limited to one year prior to the date that the agency or department discovers the error for overpayments determined on or after August 1, 2005. DCF 101.23(4)(4) Simultaneous collection. A county, tribal governing body, W-2 agency, or the department may recover an overpayment by more than one method of collection at the same time. DCF 101.23(5)(a)1.1. If any overpayment of benefits paid under s. DCF 101.18 (1) (b) or (c) is due to administrative error or client error, the W-2 agency or the department shall recoup the overpayment from a debtor who continues to receive benefits under s. DCF 101.18 (1) (b) or (c) by reducing the amount of the benefits amount by no more than 10%. DCF 101.23(5)(a)2.2. The debtor may make a voluntary repayment in addition to the amount withheld from the benefit under subd. 1. DCF 101.23(5)(a)3.3. The county, tribal governing body, or W–2 agency shall ask a debtor who has received an overpayment to voluntarily repay the overpayment. If the debtor fails to pay voluntarily, the county, tribal governing body, or W–2 agency shall refer the debt to the department for further collection efforts. DCF 101.23(5)(b)(b) Overpayments caused by intentional program violations. If an overpayment of benefits under s. DCF 101.18 (1) (a), (b), or (c), is the result of an intentional violation of ss. 49.141 to 49.161, Stats., or this chapter, the W–2 agency or the department shall recoup the overpayment from the debtor by deducting an amount from the debtor’s benefits received under s. DCF 101.18 (1) (a), (b), or (c) until the overpayment is recovered. The amount to be deducted each month may not exceed the following: DCF 101.23(5)(b)1.1. For intentional program violations resulting in an overpayment that is less than $300, the amount to be deducted may not exceed 10% of the monthly benefit payment. DCF 101.23(5)(b)2.2. For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, the amount to be deducted may not exceed $75. DCF 101.23(5)(b)3.3. For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, the amount to be deducted may not exceed $100. DCF 101.23(5)(b)4.4. For intentional program violations resulting in an overpayment that is $2,500 or more, the amount to be deducted may not exceed $200. DCF 101.23(6)(6) Trial employment match program overpayments. The W–2 agency shall recover any overpayment of benefits paid under s. DCF 101.18 (1) (a) from the debtor. The W-2 agency may not recover more than the amount that the W-2 agency or the department paid in wage subsidies for the debtor while the debtor was ineligible to participate under s. DCF 101.16 (2). The W–2 agency shall ask a former participant in a trial employment match program job who received overpayments to voluntarily repay the overpayment. If a former participant does not voluntarily repay the overpayment, the W–2 agency shall refer the debt to the department for further collection action. DCF 101.23(7)(7) Effect of restitution payments. A debtor’s payments to the department as part of a restitution agreement under s. 973.20, Stats., arising out of the facts or events that are the basis for the overpayment owed to the department shall be applied to the liability owed to the department, but a debtor’s completion of probation or fulfillment of the restitution agreement shall not limit or impair the ability of the department to collect any remaining balance on the debt. DCF 101.23(8)(8) Delinquency. A debt shall be considered delinquent if the department does not receive a debtor’s payment by the due date 3 times over the life of the debt. A delinquent debt may be subject to warrant and execution under s. 49.195 (3m), Stats.; levy under s. 49.195 (3n), Stats.; setoff against a refund under ss. 49.85 and 71.93, Stats.; and other authorized collection methods. The department may recover a delinquent debt by more than one means of collection at the same time. A delinquent debt retains delinquent status regardless of any future payment on the debt. DCF 101.23 NoteNote: The limitation on using warrant and execution and levy only when a debtor has not complied with the payment schedule 3 times is not required by statute. Because the department is limiting the use of warrant and execution and levy to debtors who have not complied with a payment schedule, the withdrawal of a warrant when the debtor does comply with the payment schedule under s. 49.195 (3m) (h), Stats., will not occur. DCF 101.23(9)(9) Warrant and execution under section 49.195 (3m), stats. DCF 101.23(9)(a)1.1. If a debt for repayment of an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats., is delinquent under sub. (8) and no review or appeal rights under sub. (2) are pending and the time for requesting a review has expired, the department may issue a warrant directed to the clerk of circuit court of any county. DCF 101.23(9)(a)2.2. The clerk of circuit court shall enter in the judgment and lien docket the name of the debtor named in the warrant, the amount for which the warrant is issued, and the date on which the clerk entered the information.