(b) If one (1) or more of the following facts are present, the case will not be referred for prosecution:

1. (1) Total amount of the overpayment resulting from the alleged fraud is less than five hundred dollars ($500);
2. (2) Age/education of the suspect is not conducive to proving criminal intent;
3. (3) Statute of limitations has run on all evidence referred; or
4. (4) Participant is permanently residing out of state.

(c) If one (1) or more of the following facts are present, the decision to investigate lies with the director of the Fraud Investigation Unit:

1. (1) Fraud is not evident in referred material; or
2. (2) Fraud resulted from failure to report child support payments.

(d)

1. (1) Cases containing one (1) or more of the above facts may be referred for an administrative disqualification hearing.
2. (2) Decisions will be made on a case-by-case basis as the evidence supporting the case dictates.