"Administrative penalty" means the
disqualification of a claimant from the receipt of benefits due to fraud or
misrepresentation or the willful and knowing failure to disclose a material
fact for a period of not more than the remaining benefit year, including the
week in which such determination is made.
"Allegation of fraud" means any form of
communication from a party that implies fraudulent activity.
"Anonymous tip" means information about
suspected fraudulent activity received from a party who wishes to remain
unidentified.
"Appeals" means a request for a review by an
appeals authority of the department from any determination made by a
representative of the department, including any request for a review by a
higher appeals authority of a decision made by a lower appeals authority. It
also includes any appeal from a determination of a representative, or any
appeal or request for a hearing by a properly affected party.
"Benefits" means the same as defined in Iowa
Code section 96.1A(5).
"Claim" means the same as defined in
871-subrule 24.1(9).
"Claimant" means the same as defined in
871-subrule 24.1(10).
"Earnings" means the remuneration for services
performed.
"Employing unit" means the same as defined in
Iowa Code section 96.1A(15).
"Evidence" means any witnesses' testimony,
records, documents, copies of documents, statements, demonstrations, or any
other relevant testimony or concrete objects before the department or at an
employment appeal hearing or trial of an issue for the purpose of inducing
belief in the minds of the hearing officer, department, court or jury as to the
truth of a contention.
"Fact-finding interview" means a discussion
between a claimant or an employer and an investigator for the purpose of
obtaining from the claimant or employer a statement containing information on a
specific eligibility or disqualification issue.
"Fraud" means the intentional misuse of facts
or truth to obtain or increase unemployment insurance benefits for oneself or
another or to avoid the verification and payment of employment security taxes;
a false representation of a matter of fact, whether by statement or by conduct,
by false or misleading statements or allegations; or the concealment or failure
to disclose that which should have been disclosed, which deceives and is
intended to deceive another so that they, or the department, shall not act upon
it to their, or its, legal injury.
"Fraudulent activity" means actions based on
or in the spirit of fraud.
"Initial determination" means the first
determination with respect to a claim or a request for determination of insured
status.
"Intent" means the design, resolve, or
determination with which an individual or group of individuals acts in order to
reach a preconceived objective.
"Investigator" means an investigation and
recovery section investigator.
"Local office" means the workforce development
center office in which claims functions are performed.
"Material fact" means a fact that necessarily
has some bearing on the subject matter, such as is necessary to determine the
issue.
"Misconduct" means the same as defined in Iowa
Code section 96.5(2).
"Misrepresentation" means to give misleading
or deceiving information or omit material information; and to present or
represent in a manner at odds with the truth.
"Month" means the time beginning with any day
of one month to the corresponding day of the next month, or if there is no
corresponding day, then through the last day of the next month.
"Overpayment" means the amount of unemployment
insurance benefits erroneously paid to a claimant due to error,
misrepresentation, or fraud.
"Social security number" means the same as
defined in 871-subrule 24.1(31).
"Surveillance" means the observance of
activities.
"Wage cross match audit" means the
computerized quarterly cross match of benefits received by Iowa claimants and
wages reported by employers to the state of Iowa.
"Wages" means the same as defined in Iowa Code
section 96.1A(40).
"Week" means the same as defined in Iowa Code
section 96.1A(41).
This rule is intended to implement Iowa Code chapter
96.
