(a) Any person who has received under this chapter any amount as compensation to which the person was not entitled shall be liable for that amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. The order or decision shall specify that the person is liable to repay to the fund the amount of overpaid compensation and the basis of the overpayment.
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Terms Used In Hawaii Revised Statutes 351-64.5

  • Commission: means the crime victim compensation commission established by this chapter. See Hawaii Revised Statutes 351-2
  • Crime: means those under § 351-32, and shall include an act of terrorism occurring outside the United States as defined in title 18 United States Code § 2331, against a resident of this State. See Hawaii Revised Statutes 351-2
  • Victim: means :

    (1) A person who is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State;

    (2) Any resident of the State who is injured or killed in another state by an act or omission of another person, which act or omission is within the description of any of the crimes specified in § 351-32; or

    (3) A person who is a resident of this State who is injured or killed by an act of terrorism occurring outside the United States, as defined in title 18 United States Code § 2331. See Hawaii Revised Statutes 351-2

(b) The person liable shall, in the discretion of the commission, either repay any amount to the crime victim compensation special fund or have such amount deducted from any future compensation payable to the person under this chapter.
(c) Failure to comply with the provisions of this section by the person liable to repay overpaid compensation may at the discretion of the commission, result in civil action in the name of the State by the attorney general.

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