Iowa Administrative Code
Agency 871 - WORKFORCE DEVELOPMENT DEPARTMENT
Chapter 25 - BENEFIT PAYMENT CONTROL
Rule 871-25.10 - Prosecution on overpayments
Universal Citation: IA Admin Code 871-25.10
Current through Register Vol. 46, No. 19, March 20, 2024
(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).
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