348.2 Required district procedure. Each social services district shall take these
measures designed to prevent, detect and report fraud:
(a) Establish and maintain clear and adequate policies, procedures and
controls in order to effectively handle cases of suspected fraud in the administration of
public assistance and care.
(b) Make an agreement with the appropriate district attorney or other
prosecuting official establishing the procedures for referral to such official of all
cases wherein reasonable grounds exist to believe that fraud was committed.
(c) File with the department a copy or a statement of the agreement
with the prosecuting official.
(d) Designate a person, either of administrative or supervisory
responsibility or in a consultative capacity to the local district such as a welfare
attorney, or establish a unit which shall consist of persons of similar responsibility, to
which all cases of known or suspected fraud shall be referred, to perform the following
functions:
(1) review district material referred,
including any that may be legal evidence;
(2) determine whether that material indicates
that reasonable grounds exist to believe that fraud was committed by the applicant or
recipient and/or others;
(3) in cases of suspected fraud, when the
material referred and reviewed does not indicate that reasonable grounds exist to believe
that fraud was committed, but when such material is insufficient to erase suspicion of
fraud, decide whether further investigation may produce evidence necessary to determine
that reasonable grounds exist or erase the suspicion, and conduct the investigation;
(4) determine the existence of any mitigating
facts or circumstances;
(5) promptly refer to the appropriate district
attorney or other prosecuting official all cases wherein reasonable grounds exist to
believe that fraud was committed, in accordance with such procedures as may be developed
locally between the social services official and district attorney or other prosecuting
official, which procedures may, to avoid duplication of referrals, merely require the
social services department to identify cases already referred to the district attorney by
the inspector general with the knowledge of that office and to transmit to the district
attorney on a continuing basis, all material pertinent to the prosecution of such cases
which may supplement the material already transmitted by the inspector general. Any
existing mitigating facts or circumstances known to the department shall be included in
the referral;
(6) maintain liaison with such appropriate
district attorney or other prosecuting official and endeavor to secure reports of actions
taken with respect to cases referred;
(7) promptly advise the appropriate district
attorney or other prosecuting official whenever restitution, or arrangements for
restitution of fraudulently received public assistance funds has been made, or is being
made.