(a) After the case review as set forth in §9-8-6 of this code, the department shall refer cases of suspected fraud to the Office of Inspector General within the department. That office shall take appropriate action, including civil penalties or referral to an appropriate prosecuting attorney for criminal prosecution.
(b) In cases of substantiated fraud, upon conviction, the state shall review all appropriate legal options. These may include, but are not limited to, removal from other public assistance programs and garnishment of wages or state income tax refunds until the department recovers an equal amount of benefits fraudulently claimed.
(c) The department may refer suspected cases of fraud, misrepresentation, or inadequate documentation to appropriate agencies, divisions, or departments for review of eligibility issues in other public assistance programs. This should also include cases in which an individual is determined to be no longer eligible for the original program.
Structure West Virginia Code
Article 8. Eligibility and Fraud Requirements for Public Assistance
§9-8-3. Income and Identity Verification
§9-8-4. Eligibility Verification
§9-8-5. Identity Authentication
§9-8-7. Notice and Right to Be Heard
§9-8-8. Referrals for Fraud, Misrepresentation or Inadequate Documentation
§9-8-9. Reporting to the Governor and Legislature
§9-8-10. Prohibitions on Use of Electronic Benefit Transfer Cards