Ill. Admin. Code tit. 89 § 121.156

Current through Register Vol. 49, No. 2, January 10, 2025

Section 121.156 - SNAP Fraud Unit (SFU)

a) In accordance with 305 ILCS 5/8A-9 and 305 ILCS 5/12-4.9, the SNAP Fraud Unit (SFU) will conduct investigations in connection with the administration of SNAP benefits. In compliance with federal regulations at 7 CFR 273.16, any suspected fraud or abuse related to SNAP will be reported to the DHS Division of Family and Community Services (FCS) SFU. The SFU shall be responsible for detecting, investigating, and assisting in the prosecution of program fraud. See Sections 121.150, 121.153, and 121.154 for a description of the intentional program violations (IPV).

b) In order to detect, investigate, and assist in the prosecution of program fraud (See 7 CFR 272.4(g)), the SFU shall perform functions, including but not limited to, the following:

1) Investigate any allegation of fraud or intentional program violation committed by program recipients, DHS employees, or others, and ensure that appropriate actions are taken, including but not limited to, the administrative disqualification process, report to the United States Attorney, the Office of Attorney General, the appropriate State's Attorney, the Illinois State Police, or local law enforcement for prosecutorial consideration, or the signing of a waiver to an administrative disqualification hearing in accordance with 7 CFR 273.16 and Section 121.153.

2) Report claims to the Bureau of Collections (BOC) for establishment of an inadvertent household error claim against the SNAP household when the SFU does not initiate administrative disqualification procedures.

3) Report for prosecution cases involving an overissuance caused by a suspected IPV.

4) Conduct investigations in a manner that ensures the preservation of evidence for prosecutorial consideration under federal, State, or local statutes.

5) Issue subpoenas.

A) The SFU Administrator or the SFU staff member designated in writing to so act by the SFU Administrator, may compel, by subpoena, the attendance and testimony of witnesses and the production of books, electronic records, and papers directly related to SNAP. No individuals will be compelled to attend an investigation interview or hearing outside of the individual's county of residence. [305 ILCS 5/12-4 .9]

B) Any subpoena may be served in the same manner as a subpoena issued out of the circuit courts of the State of Illinois in accordance with Illinois Supreme Court Rules 12 and 204.

C) If a witness refuses to attend or testify, or to produce books or papers, concerning any matter upon which they might be lawfully examined, the Department may request the circuit court of the county wherein the investigation is held, or a duly or authorized officer or employee thereof, as the case may be, to compel obedience by an attachment for contempt or otherwise in the same manner as the production of evidence may be compelled before the court.

6) Upon request, assist federal and State officials in the investigation of SNAP fraud committed by other individuals or entities.

7) Initiate administrative disqualification procedures or report a case for prosecution regardless of the current eligibility of the individual.

8) Enter into agreements with federal and State agencies, including but not limited to, the Illinois Secretary of State, the Department of Revenue, the Department of Public Health, the Department of Financial and Professional Regulation, and the Department of Healthcare and Family Services, to share data necessary for SNAP recipient and vendor payment eligibility verification.

c) Nothing in this Section shall limit investigations by the Department of Healthcare and Family Services and DHS that may otherwise be required by law or that may be necessary to administer State programs.

Ill. Admin. Code tit. 89, § 121.156

Added at 49 Ill. Reg. 180, effective 12/19/2024