Fraud 415-55-10-05

(Revised 10/00 ML #2629)

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In instances in which there is suspicion that an applicant committed fraud for the purpose of obtaining assistance to which he is not entitled, the Human Service Zone office is obligated to refer the matter to the states attorney. However, the Human Service Zone office, in its investigation of possible fraudulent actions, must respect the legal rights of the applicant by giving the person notice of the unresolved questions, offering the person the opportunity to reply, advising the person of his right to a fair hearing (if proposed county action will result in the suspension, reduction, discontinuance, or termination of LIHEAP benefits), and of the need to refer the matter to the states attorney. Copies of referrals to the states attorney shall be sent to the State Administrator of LIHEAP.

1. Overpayments resulting from proven fraud will be recovered in accordance with the official court order.
2. If fraud cannot be proven, or the charges are dismissed by court order, or the County State Attorney declines to prosecute, the overpayment will be recovered in accordance with 55-10-10.