A benefit paid in error includes a payment made as a result of an intentional program violation. An IPV exists if any of the following occurs:

1. (1) The individual pleads guilty or nolo contendere to fraud;
2. (2) The individual waives the right to a disqualification hearing; or
3. (3) An administrative hearing officer or a court of appropriate jurisdiction finds that the individual made a false or misleading statement or misrepresented, concealed, or withheld facts or intentionally acted to mislead, misrepresent, conceal, withhold facts, or propound a falsity for the purpose of establishing or maintaining eligibility under article 67:48 or increasing or preventing a reduction in the amount of benefits payable.

Source: 28 SDR 111, effective February 20, 2002.

General Authority: SDCL 28-1-61.

Law Implemented: SDCL 28-1-61.