Iowa Code r. 871-25.9 - Administrative penalties
(1) An
administrative penalty may be imposed on a claimant as per Iowa Code section
96.5(8).
(2) Penalties.
a. Any penalties imposed by this rule shall
be in addition to those imposed by Iowa Code section
96.16.
b. The general guide for disqualifications
for deliberate falsification for the purpose of obtaining or increasing
unemployment insurance benefits is listed below. It is intended to be used as a
guide only and is not a substitute for the personal subjective judgment of the
investigator. The administrative penalty recommended for falsification ranges
from three weeks through the end of the benefit year. The department may also
consider the filing of criminal charges whenever an administrative penalty is
imposed against a claimant. If the same offense is repeated, loss of benefits
through the end of the benefit year will result.
c. The department shall issue a determination
that sets forth the specific penalty being applied. The investigator will
determine the degree and severity of the penalty based upon the nature of the
offense and the facts.
(3) Sources of information concerning the
application of an administrative penalty shall be the same as those pertaining
to fraud and overpayment, namely:
a.
Comparative analysis of employer wage reports and benefit payments.
b. Information obtained by a local
office.
c. Tips and leads from
other sources.
d. Cross-checking of
information regarding vital statistics from the department of health and human
services.
e. Review of claims using
social security numbers not issued by the social security
administration.
f. Cross-checking
of information from the Iowa centralized employer registry.
g. Cross-checking of information with the
National Directory of New Hires.
h.
Cross-checking of information on incarcerated individuals from the department
of corrections.
i. Cross-checking
of information with fraud detection tools identified by the
department.
(4) The
claimant shall be notified of the possible application of the administrative
penalty by Form 65-5315, Notice of Unemployment Insurance Fact-Finding
Interview, in the same manner a claimant is notified of a possible
overpayment.
(5) The claimant shall
be afforded an opportunity to give testimony, either refuting or affirming the
allegation of intent to defraud and may be represented by legal
counsel.
(6) In the event any
claimant is aggrieved by the representative's determination assessing an
administrative penalty or by the severity of the penalty assessed, such
claimant shall have the same protest and appeal rights as provided for all
other determinations.
(7) A
criminal conviction of a claimant for fraud or a court order requiring
restitution for the amount of the overpayment shall not preclude the
investigation and recovery unit from also imposing an administrative penalty
denying further benefits to the claimant for a period of time not to exceed the
remainder of said claimant's benefit year and including the week in which such
determination is made by the investigation and recovery unit.
This rule is intended to implement Iowa Code sections 96.5(8), 96.11(1), and 96.11(10).
Notes
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