Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 25 - Benefit Payment Control › Rule 871-25.6 - Investigation of Fraud (procedure)

Current through Register Vol. 47, No. 3, July 24, 2024
(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.