Iowa Admin. Code r. 871-25.10

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 871-25.10 - [Effective until 12/18/2024] Prosecution on overpayments

(1) When an overpayment occurs due to misrepresentation, the case shall be given a thorough and detailed review of the facts, as obtained by the investigation and recovery unit, to determine if a prosecution for fraud would meet the county attorney's criteria.

a. The claimant shall be afforded an opportunity to give testimony either refuting or affirming the overpayment.

b. The investigation and recovery unit will issue a decision concerning the overpayment.

(2) Restitution or the establishment of a repayment plan of an amount overpaid to a claimant due to fraudulent misrepresentation or failure to disclose a material fact shall not preclude the investigation and recovery unit from instituting criminal proceedings against the claimant. This rule is intended to implement Iowa Code sections 96.11(1) and 96.16(2).

Iowa Admin. Code r. 871-25.10

Amended by IAB May 23, 2018/Volume XL, Number 24, effective 6/27/2018