Iowa Admin. Code r. 871-25.3

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

Rule 871-25.3 - [Effective 12/18/2024] Functions of the investigation and recovery unit

The functions of the investigation and recovery unit are to:

(1) Investigate and make determinations on issues within the unit's scope that are referred by the general public, employing units, agency personnel, other agencies, or anonymous sources. The unit examines allegations of the following type:

a. Failure to report earnings while receiving benefits.

b. Collusion between claimant and employer, or between two or more claimants, in fraudulently obtaining or attempting to obtain benefits.

c. Utilizing the identity of another to fraudulently obtain or attempt to obtain benefits.

d. Employing units fraudulently attempting to evade unemployment insurance coverage and tax assessment. The unit determines the resulting status of claimants employed by these entities.

e. Claims involving contrived or fictitious employment (e.g., family relationships).

f. Cases of possible concurrency in claiming workers' compensation, railroad retirement, or social security while receiving benefits. Also concurrency of claiming benefits outside of Iowa while receiving unemployment insurance benefits. Possible welfare concurrency will be referred to the appropriate agency.

g. Issues of availability, capability, voluntary leaving of employment, refusal of employment, misconduct, intervening employment, and industrial controversy where the facts are complex and field work is necessary to establish proper findings.

h. Validity of alien registration numbers through a cross-check with U.S. Citizenship and Immigration Services. If an alien has falsely claimed to be a U.S. citizen or used a false alien registration card in order to receive benefits, prosecution cases will be prepared when appropriate. "Alien" means the same as described in rule 871-24.47 (96).

(2) Collect refunds of overpayments resulting from determinations of claimant fraud.

(3) Prepare all cases for prosecution.

a. Submit cases to the county attorneys.

b. Assist county attorneys and others by presenting evidence and giving testimony in court proceedings.

(4) Formulate methods and procedures to prevent and detect all types of fraud by claimants, employing units, and unemployment insurance services personnel.

(5) Provide liaison with local, state, and federal law enforcement agencies.

(6) Testify and produce evidence before hearing officers and employment appeal board hearings regarding fraudulent activities.

(7) Conduct internal audits as established by federal guidelines.

This rule is intended to implement Iowa Code sections 96.11(1), 96.16, and 96.17(2).

Iowa Admin. Code r. 871-25.3

Amended by IAB August 2, 2017/Volume XL, Number 3, effective 9/6/2017

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

Adopted by IAB November 13, 2024/Volume XLVII, Number 10, effective 12/18/2024