Iowa Admin. Code r. 871-25.3

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

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

The function of the investigation and recovery unit is to:

(1) Investigate and make determinations on issues within the scope of the investigation and recovery unit which are referred by the general public, employing units, agency personnel, other agencies, and anonymous sources. The unit shall examine allegations of the following type:

a. Failure to report earnings while receiving unemployment insurance benefits.

b. Collusion between claimant and employer or between two or more claimants, in the fraudulent obtaining of benefits.

c. The use of multiple identities and social security numbers to obtain unemployment insurance benefits.

d. Forgery and fraudulent certification for unemployment insurance benefits by one person impersonating another.

e. Corporations, partnerships, individual proprietorships, and other employing units which fraudulently evade unemployment insurance coverage and tax assessment. Determine status of claimants employed by these entities.

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

g. 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.

h. 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.

i. 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. Refer to rule 871-24.60 (96) for the definition of alien.

(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