- (a) Fraud consists of some deceitful practice or felonious device resorted to with the intent to receive an assistance grant to which an individual is not entitled under the rules of the Division of County Operations.
(b) Fraud — Legal provision.
- (1) Arkansas Code § 5-36-103 provides that a person commits theft of property if he or she knowingly obtains the property of another person by deception or by threat with the purpose of depriving the owner thereof.
- (2) Only the courts can determine guilt under the statute and impose the legal penalty.
(3) The responsibility of the worker is to:
- (A) Determine where there may be an “intent to defraud” on the part of the participant or other persons; and
- (B) Report their findings to the Overpayment Unit of the Secretary’s Office of the Department of Human Services.
(c) Guilty of intentional program violations.
- (1) If a family is found guilty of an intentional program violation, the family will be ineligible for transitional employment assistance (TEA) cash assistance until the resulting overpayment has been repaid to the state with interest.
- (2) Refer to 20 CAR § 503-1103.