Iowa Admin. Code r. 871-25.4

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

Rule 871-25.4 - [Effective until 12/18/2024] Allegation of claimant fraud

The procedure to be followed where an allegation of claimant fraud has been made is:

(1) Upon receipt of an allegation of claimant fraud, if the alleging party supplies sufficient information to proceed with an investigation, the alleging party shall be advised that the investigation and recovery unit will make a full investigation of the allegation. The alleging party will be advised of the unit's findings, if such investigation could affect the employer account of the alleging party or affect a claim for benefits of the alleging party.

(2) The allegations will be promptly forwarded to the investigation and recovery unit for investigation.

(3) If the findings revealed through the investigation by the investigation and recovery unit indicate that a disqualification would have resulted for the period benefits were paid, an informal fact-finding interview shall be scheduled to allow the party making the allegation and the claimant an opportunity to give testimony. The investigation and recovery unit will determine if separate fact-finding interviews are necessary for the claimant and party making the allegations and any other party with pertinent information.

(4) If the claimant or any other party with pertinent information wishes to invoke the fifth amendment right to remain silent, the investigator can require the claimant or any other party with pertinent information to answer all questions or produce any pertinent documents. However, the claimant or any other party with pertinent information cannot be prosecuted on the basis of any transaction, matter, or thing concerning which the claimant or any other party with pertinent information is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence.

(5) In the event a local office receives an allegation by anonymous communication, the office will forward such information to the investigation and recovery unit.

This rule is intended to implement Iowa Code sections 96.16 and 96.11(10).

Iowa Admin. Code r. 871-25.4

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