"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 which 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, and 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 money payments to an individual
with respect to unemployment. See 871-subrule 24.1(18).
"Claim" means a request for benefit payment. See
871-subrule 24.1(25).
"Claimant." See 871-subrule 24.1(26).
"Earnings" means the remuneration for services
performed.
"Employing unit" means any individual or entity
which engages the services of one or more individuals; one for whom employees
work and who pays their wages or remuneration.
"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 by 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 investigation and recovery
section investigator.
"local office" means the workforce development
center office in which claims functions are performed.
"Materialfact" means a fact which necessarily
has some bearing on the subject matter, such as is necessary to determine the
issue.
"Misconduct." See 871-subrule 24.32(1),
paragraph"a," and 871-subrule 24.32(3).
"Misrepresentation" means to give misleading or
deceiving information to or omit material information; 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 account number." See
871-subrule 24.1(115).
"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 earnings. See rules
871-24.13(96) and 871-24.16 (96).
a. When a money value for board or lodging, or both, furnished a
worker is agreed upon in a contract of hire, the amount so agreed upon, if more
than the rates determined by the department or the rates prescribed herein, shall
be deemed the cash value of the board and lodging.
b. Cash value of room and board.
(1) If board, rent, housing, lodging, meals, or similar advantage
is extended in any medium other than cash as partial or entire remuneration for
service constituting employment as defined in the Act (Iowa Code chapter 96), the
reasonable cash value of same shall be deemed wages.
(2) Where the cash value for such board, rent, housing, lodging,
meals, or similar advantage is agreed upon in any contract of hire, the amount so
agreed upon shall be deemed the value of such board, rent, housing, lodging,
meals, or similar advantage. Check stubs, pay envelopes, contracts, and the like,
furnished to employees setting forth such cash value, are acceptable evidence as
to the amount of the cash value agreed upon in any contract of hire except as
provided in subparagraphs (4) and (5) of this paragraph.
(3) In the absence of an agreement in a contract of hire, the
rate for board, rent, housing, lodging, meals, or similar advantage, furnished in
addition to money wages or wholly comprising the wages of an employed individual,
shall be deemed to have not less than the following cash value except as provided
in subparagraph (4) of this paragraph.
|
Full board and room per
week..................................................
|
$300.00
|
|
Meals (without lodging) per
week................................................
|
100.00
|
|
Meals (without lodging) per
day..................................................
|
20.20
|
|
Lodging (without meals) per
week...............................................
|
198.00
|
|
Lodging (without meals) per
day.................................................
|
40.00
|
|
Individual meals:
|
|
Breakfast....................................................................
|
4.50
|
|
Lunch......................................................................
|
5.30
|
|
Dinner.....................................................................
|
10.50
|
|
A meal not identifiable as either breakfast, lunch, or
dinner........................
|
4.50
|
A meal not identifiable as either breakfast, lunch, or
dinner.......................... 4.50
(4) The department or its authorized representative may, after
affording reasonable opportunity at a hearing for the submission of relevant
information in writing or in person, determine the reasonable cash value of such
board, rent, housing, lodging, meals, or similar advantage in particular
instances or group of instances, if it is determined that the values fixed in or
arrived at in accordance with subparagraph (3) of this paragraph, or in the
contract of hire do not properly reflect the reasonable cash value of such
remuneration.
"Week." See 871-subrule 24.1(135).
This rule is intended to implement Iowa Code chapter 96 and
sections 96.3(3),
96.3(5),
96.19(38),
96.19(12), and
96.19(20).
