Equity and good conscience definition

Equity and good conscience means fairness as applied to a given set of circumstances.
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Equity and good conscience means fairness as applied to each individual case after considering the totality of the circumstances.
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Equity and good conscience means fairness as applied to a given set of circumstances. (2) It will be against equity and good conscience to deny waiver when repayment of the overpayment would deprive you of income required to provide for basic necessities including food, shelter, medicine, utilities, and related expenses. Unless there are unusual circumstances which would argue against waiver, the department will presume repayment would leave you unable to provide basic necessities if your total household resources in relation to household size do not exceed seventy percent of the Lower Living Standard Income Level (LLSIL) and circumstances are not expected to change within the next ninety days. (3) The department may also consider, but is not limited to, the following factors in determining whether waiver should be granted for reasons of equity and good conscience: (a) Your general health, including disability, competency, and mental or physical impairment; (b) Your education level, including literacy; (c) Whether you are currently employed and your history of unemployment; (d) Your future earnings potential based on your occupation, skills, and the local labor market; (e) Your marital status and number of dependents, including whether other household members are employed; (f) Whether an error by department staff contributed to the overpayment; (g) Whether you refused or were ineligible for other government benefits because you received unemployment benefits; and (h) Other factors indicating that repayment of the full amount would cause you undue economic, physical, or mental hardship. (4) When determining whether a waiver of benefit overpayments may be granted based on equity and good conscience, the department must consider whether the employer or employer's agent failed to respond timely or adequately without good cause to the department's written request for claim information. This subsection does not apply to negotiated settlements. (5) The decision to grant or deny waiver will be based on the totality of circumstances rather than the presence of a single factor listed in subsections (2), (3), and (4). [Statutory Authority: RCW50.12.010 and 50.12.040. WSR 14-04-073, § 192-220-030, filed 1/30/14, effective 3/2/14. Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. WSR 08-21-056, § 192-220-030, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-220-030, filed 12/9/04, effective 1/9/05.] Site Contents Sele...
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Examples of Equity and good conscience in a sentence

  • The individual’s age, physical and mental condition or the nature of the information supplied to him or her by OPM or a Federal agency may mitigate against finding fault if one or more of these factors contributed to his or her submission of an incorrect statement, a statement that did not disclose material facts in his or her possession, or his or her ac- ceptance of an erroneous overpayment.§ 845.303 Equity and good conscience.

  • Unit 4 Federal Court, Development of Criminal Law (1790-1861), Development of Law in Muffossil (Justice, Equity and good conscience) Law reform & Law Commission, I, II & III Law Commission Report, Lex loci Report.

  • Equity and good conscience do not require restitution of those amounts.

  • Equity and good conscience must be considered on a case by case basis.

  • One of the main issues of the case was if a void lease could produce any effects in order to avoid a result contrary to conscience.50 The Court stated that the presence of a void lease did not prevent the plaintiff obtaining relief in Chancery: ‘… Equity and good conscience speak for the plaintiff ...

  • Equity and good conscience cannot compel BMO Harris to “restore” the full amount of the alleged ACH debit when BMO Harris never “had” or benefitted from those funds in the first place.

  • Equity and good conscience should be at the core of all governmental functions.

  • Evolution of Law of Torts:(i) England, forms of action, specific remedies from case to case.(ii) India, - Principles of Justice, Equity and good conscience, uncodified character, advantages and disadvantages.Definition, Nature, scope, and objects.(i) A wrongful act- violation of duty imposed by law, duty which is owed to people, generally.

  • All replies to inquiries shall be made through the Secretariat within thirty (30) calendar days.

  • Equity and good conscience are generally satisfied when the indebtedness resulted from an administrative error and there is no indication of fraud, misrepresentation, fault, or lack of good faith on the part of the debtor.


More Definitions of Equity and good conscience

Equity and good conscience means fairness as applied to each individual case after considering the totality of the circumstan- ces.
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Related to Equity and good conscience

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  • Radiologic technologist means an individual, other than a licensed doctor of medicine, osteopathy,

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  • Lifeguard means a person defined in paragraph (5) of subdivision (d) of Section 241.

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