Ala. Admin. Code r. 480-4-4-.02

Current through Register Vol. 42, No. 11, August 30, 2024

Section 480-4-4-.02 - Investigation Of Fraud

(1) All fraud investigation files will remain confidential.

(2) Documented evidence will be obtained from claimants, employers, witnesses, law enforcement agencies, local, state and federal agencies and any other source as may be necessary.

(3) The investigation shall include the gathering of pertinent evidence and statements regarding any suspected fraudulent activity, using standard investigatory practices.

(4) A fraud investigator shall have the authority to request all pertinent books, papers, correspondence, memoranda and other records necessary in the investigation of any error, or potential fraudulent activity committed by a claimant, employer, or other party. Likewise, sworn testimony may be taken from any person who has relevant information or records concerning the matter or events under investigation. Any person, when requested by a fraud investigator to produce records or give testimony, shall make himself or herself or the records available within and at a reasonable time to the investigator. If any person does not comply with the investigator's request to give testimony to the Department or produce records, a subpoena will be issued summoning the individual to appear before the investigator to give testimony or present the records. If the investigator determines any request for the voluntary production of pertinent records might endanger the existence of such records, the Agency may immediately issue a subpoena duces tecum which orders an individual to produce before the Department some document or paper that is pertinent to a pending investigation in order to secure the production of such records.

(5) If it is determined that there is fraudulent activity, appropriate corrective action shall be initiated, and the case prepared for prosecution if prosecution is warranted.

Author: Harold Thomas

Ala. Admin. Code r. 480-4-4-.02

Effective: 9/30/82. This rule is intended to implement Code of Ala. 1975, § 25-4-145.

Statutory Authority:Code of Ala. 1975, §§ 25-2-7, 25-2-8 and 25-4-111