Section 16-NEW - [Newly enacted section not yet numbered] Measures to prevent fraud or misuse of funds(a) To identify fraud or other potential misuse of program funds, the department shall do all of the following:.(1) Conduct random financial audits of ESAs and education service providers, including participating schools. The random financial audits shall be conducted with sufficient frequency to adequately deter misuse of program funds.(2) Establish and publicize means for citizens to report fraud or other potential misuse of program funds, including websites and a toll-free phone number.(b) To address instances of suspected fraud or other misuse of program funds, the department shall have all of the following powers: (1) The department may refer a case to local or state law enforcement agencies for further investigation. The program established by this act shall constitute a matter arising under the state revenue laws, and an application to participate in the program or a payment of qualifying expenses shall constitute a claim or other document, for purposes of the criminal prohibition against tax fraud in section 40-29-115.(2) The department may stop making advance credit payments into the ESA or otherwise reduce the amount of money in an ESA of a parent of a participating student, either temporarily or permanently.(3) The department may suspend or disqualify an education service provider. If an education service provider is suspended or disqualified, the department shall notify participating students and their parents of the decision as soon as practicable. The department shall coordinate the suspension or disqualification to coincide with the end of the academic school year.(4) The department may recapture misused program funds from a parent, education service provider, or other person responsible for the misuse of program funds.(c) For purposes of this act, misuse of program funds includes each of the following: (1) Violation of the agreements made by a parent pursuant to section 4(a), by an education service provider pursuant to section 5 (a), or by a participating school pursuant to section 5(b).(2) The misrepresentation of information provided to the department in the course of implementing this act.(3) The failure to return any misspent program funds upon request of the department.(4) The repeated and substantial failure to provide a participating student with educational services promised in-exchange for program funds.(d) A parent, participating student, education service provider, or other recipient of a CHOOSE Act tax credit may ask the department to reconsider its decision and appeal any final decision of the department to the Alabama Tax Tribunal under Chapter 2B, Title 40, Code of Alabama 1975.Ala. Code § 16-NEW (1975)
Added by Act 2024-21,§ 7, eff. 3/7/2024.