Iowa Admin. Code r. 871-25.6

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

Rule 871-25.6 - [Effective until 12/18/2024] Investigation of fraud (procedure)

(1) Upon receipt of an allegation of fraudulent activity, an investigation file will be prepared containing all necessary documents. A case number will be assigned and the case assigned to an investigator. All investigation files will remain confidential.

(2) The investigator will make a thorough review of all documents contained within the file and determine what issues need to be investigated. Documented evidence will be obtained from claimants, employing units, witnesses, law enforcement agencies, local, state, and federal agencies, and any other source as may be necessary.

(3) The investigation shall include the gathering of pertinent evidence and statements regarding any suspected fraudulent activity.

This rule is intended to implement Iowa Code sections 96.16, 96.11(6) and 96.11(7).

(4) An investigator shall have the authority to request all pertinent books, papers, correspondence, memoranda, and other records necessary in the investigation of any error or potential fraudulent activity committed by a claimant, employing unit, or other party. Likewise, testimony may be taken from any person who has relevant information or records concerning the matter or events under investigation. Any person, when requested by an investigator to produce records or give testimony, must be available personally to give testimony to or to produce records within a reasonable time for the investigator. If any person does not comply with the investigator's request to give testimony to the department or produce records, a subpoena may be issued summoning the individual to appear before the investigator to give testimony or present the records.

If the investigator determines that any request for the voluntary production of pertinent records might endanger the existence of such records, the investigation and recovery unit may immediately issue a subpoena ducestecum which orders an individual to produce some document or paper that is pertinent to a pending investigation by the investigation and recovery unit, in order to secure the production of such records.

(5) The investigation and recovery unit may seek the assistance and expertise of the field auditors.

(6) Surveillance of an individual or location may be conducted by the investigator when that individual or location is pertinent to the investigation.

(7) Upon completion of the investigation, a determination shall be made as to whether or not fraudulent activity has occurred. If there is fraudulent activity, appropriate corrective action shall be initiated and the alleging party shall be advised of the investigation and recovery unit's findings, if such investigation could affect the employer account of the alleging party. The case may be prepared for prosecution if prosecution is warranted.

(8) A detailed report will be entered in the case management system upon completion.

Iowa Admin. Code r. 871-25.6

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