20 CAR § 502-1408 – Disposition of investigations

(a) The Fraud Investigation Unit of the Department of Human Services will notify the local office manager of the initial disposition of each referral.
(b) For cases referred for prosecution, the Fraud Investigation Unit will:
1. (1) Request the prosecuting attorney to file charges and send a copy of the request to the local office; and
2. (2) Advise the Overpayment Unit of the Department of Human Services of the factual basis for the overpayment as well as submit overpayment calculation documents.
(c) For cases referred for an administrative disqualification hearing, the Fraud Investigation Unit will prepare a Form DHS-1208, Food Stamps Intentional Program Violation, and send to the Overpayment Unit for determination of whether or not the cases should be referred to the Office of Appeals and Hearings of the Department of Human Services for an administrative disqualification hearing.
(d) For cases containing a signed Form DHS-267, Waiver of Hearing and Disqualification Agreement, the Fraud Investigation Unit will:
1. (1) Advise the local office and the Overpayment Unit of the facts of the case; and
2. (2) Send a copy of the Form DHS-267 and, if negotiated, a copy of the Repayment Agreement.
(e)
1. (1) For cases administratively closed, the Fraud Investigation Unit will forward a memo to the local office and the Overpayment Unit explaining the reason for the closure.
2. (2) If an overpayment has been calculated, these documents will be forwarded to the Overpayment Unit.
(f) The final disposition of cases adjudicated by the court will be furnished to the local office manager and the Overpayment Unit by the memorandum from the director of the Fraud Investigation Unit.