(1) Any person who, by reason of the nondisclosure or misrepresentation by the person, or by another, of a material fact, irrespective of whether the nondisclosure or misrepresentation was known or fraudulent, has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled in the person's case, or while the person was disqualified from receiving benefits, shall, in the discretion of the administrator, either be liable to have the sum deducted from any future benefits payable to the person under this chapter or shall be liable to repay to the administrator for the unemployment compensation fund, a sum equal to the amount so received by the person, and the sum shall be collectible in the manner provided in § 50-7-404(b) for the collection of past-due premiums.
(2) Furthermore, any person who knowingly and willfully violates this section commits a Class E felony.