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EAP Policy Manual FFY23 Chapter 10 Incidents and Appeals Page 4 intake, data entry, verification, certification and payments. This separation between duties, verifying accuracy and other internal controls can reduce situations that would allow for potential errors and fraud to occur. Investigation of Suspected Fraud Service Providers must take action in the case of credible fraud allegations or other discoveries of potential fraud. A complaint is likely to be credible when the complainant identifies him/herself and describes a situation that would violate some aspect of EAP’s policy. Reasons to investigate may include: • A complaint of misuse of EAP resources. • A credible complaint that contradicts application information affecting eligibility or benefits. • Knowledge that a household has applied in more than one location. The Service Provider where the household applied last is in charge of the investigation. • Public information from law enforcement activities or the news media. When undertaking the investigation the Service Provider must: • Report the situation by completing and submitting an Incident Report Form to Commerce and assigned EAP Program Performance Auditor via eap.mail@state.mn.us. Coordinate actions with Commerce. • Ensure due process and protect the privacy rights of the household. If legal action commences, the privacy rights may change. • Contact your agency’s fraud investigator, management and/or corporate attorney to determine next steps. • Stop payments to the energy vendor or household and request a refund or freeze of EAP credit on the household’s energy vendor account. • Collect and verify facts and information to determine if an error or potential fraud occurred. • Conduct follow-up interviews to obtain additional information, if necessary. • If the household proactively reports the fraud and provides accurate and complete information to correct the application, and all overpayments are recovered, Commerce may, at its discretion, grant an exception to mandated reporting to local authorities. • Contact the local authority that handles suspected fraud in the applicable area (the local police department or county sheriff’s office, or the county attorney’s office). Minn. Stat. § 13.462 affords Commerce and, by contract authority the Service Provider, the authority to provide the private data to law enforcement if there is suspected fraud by an applicant for benefits under a Commerce-administered program: