Page 453

• A waiver of administrative hearing. • Only the above circumstances can determine if a person has committed fraud. • In all these cases an IPV disqualification must be imposed.

NOTE: Once an ADH has been requested Hearings and Appeals staff will offer a waiver to the client scheduled for the ADH. If the client signs a waiver, the ADH is not required.

For TANF only: the incident of alleged fraud must have occurred on or after May 1, 1995. (f4) 4625.05.00 REFERRAL TO COUNTY PROSECUTOR

The Bureau of Investigation (B of I) will decide whether to refer a case for prosecution. Prosecutors determine whether a case will be prosecuted. The Bureau of Investigation is responsible for providing the necessary documentation to the prosecutor, and all available evidence is provided with the referral. The referral must be recorded in the fraud tracking system.

Claim repayment is not to be discussed with a client who has a pending court action. Claims will NOT be opened until the case is adjudicated. The PPV/CE claim should be calculated using IPV guidelines as listed in Section 4620.10.00. The amount of the over-issuance will be needed for the court action. The claim status should be changed to RP (Referred for Prosecution) status.

The Indiana welfare fraud statute (35-43-5-7) requires that the accused person must knowingly or intentionally: • Obtain public relief (or assistance) by impersonation, false statement, or other means; • Acquire, possess, use, transfer, sell, trade, issue or dispose of public relief or an authorization document used to obtain public relief; • Use, transfer, acquire, issue, or possess a blank or incomplete authorization document to secure public relief; • Counterfeit or alter an authorization document to receive public relief or use, transfer, acquire or possess a counterfeit or altered authorization document; or • Conceal information for the purpose of receiving public relief or assistance. 4625.05.05 COURT DETERMINATION OF FRAUD

Fraud must be determined by a court of appropriate jurisdiction. When a conviction of Welfare fraud is made, the error type should be changed to IPV prior to sending the notice and entering the disqualification. If the conviction is for a charge other than Welfare Fraud, then the error type will be changed to IHE for SNAP and left CE for TANF and no disqualification will take place. If the court designates a repayment schedule through the court or probation, Court Probation (CP) must be entered as the repayment method. A court ordered disqualification penalty takes precedence over the standard disqualification penalty.

Prior to April 1, 2018, if the court ordered restitution was less than the claim, unless the court order strictly forbade any further collection after the restitution was paid, the court ordered amount was opened as IPV, and the balance could be collected as an IHE claim. These IHE over- issuances that were established prior to April 1, 2018, are still enforceable.