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

  • Equity and good conscience militate against permitting Defendant to retain these profits and benefits.

  • Equity and good conscience require that the University return a portion of the monies paid in tuition to Plaintiff and other members of the Tuition Class.

  • Equity and good conscience require that the University return a pro-rata portion of the monies paid in fees to Plaintiff and other members of the Fees Class.

  • Equity and good conscience militate against permitting Subaru to retain these profits and benefits from its wrongful conduct.

  • Part A of the Energy Conservation in Existing Build- ings Act of 1976 is classified generally to Part A (§ 6861 et seq.) of subchapter III of chapter 81 of Title 42.

  • Equity and good conscience require restitution from Facebook and Zlateski.Moreover, to protect Neural Magic’s right to recover damages and to prevent the unjust enrichment of Zlateski, a constructive trust should be imposed on all sums unlawfully and inequitably received by Zlateski traceable to this misconduct, including Zlateski’s shares of Facebook.

  • Equity and good conscience militate against permitting Brigade to retain the misappropriated funds.

  • Equity and good conscience thus do not permit DRA’s suit to proceed when the action involves protected interests of the Tribe that could be impaired in its absence.

  • Interest accrued under RCW 50A.04.065.(2) "Equity and good conscience" means fairness as applied to a given set of circumstances.

  • 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.


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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