Arizona Revised Statutes

Ariz. Rev. Stat. § 23-788 (2026)

Recovery of trade act overpayments

✓ current as of May 2026
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The department shall recover any overpayment made to an individual under the trade act of 1974, as amended, by deduction of the overpayment amount from any benefits payable to such individual under this chapter if required to do so by the secretary of labor, except that no single deduction under this section shall exceed fifty per cent of the benefit amount otherwise payable.

Notes of Decisions
Cited in 5 cases, 1976–1997 · leading case: Arizona Dep't of Econ. Sec. v. Lidback, 546 P.2d 1152 (Ariz. Ct. App. 1976).
Arizona Dep't of Econ. Sec. v. Lidback, 546 P.2d 1152 (Ariz. Ct. App. 1976). · cites it 6× “It argues that A.R.S. § 23-788 authorizes the Department, in its discretion, to require repayment of benefits received by a person who was not entitled to them.”
Fleming v. Pima Cnty., 685 P.2d 1301 (Ariz. 1984). · cites it 2× “” Under former A.R.S. § 23-788 (repealed 1981; now see A.”
Messersmith v. Bd. of Review, 722 P.2d 759 (Utah 1986). “Ariz.Rev.Stat.Ann § 23-788 (1983). See Arizona Dep’t of Economic Sec.”
Lara v. Arizona Dep't of Econ. Sec., 565 P.2d 1287 (Ariz. Ct. App. 1977). · cites it 4× “Appellee points out that the initial determination that the overpayment was attributed to departmental error was predicated upon erroneous information contained in appellant’s signed application for benefits, indicating that he was “laid off” because of “lack of work.”
Hughes v. Elec. Data Sys., 976 F. Supp. 1303 (D. Ariz. 1997). · cites it 2× “’ Under former A.R.S. § 23-788 (repealed 1981; now see A.”
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