Title 4 . Education and Early Development

Chapter 65 . (Repealed)

Section 411. Erroneously obtained benefits

4 AAC 65.411. Erroneously obtained benefits

(a) If a grantee determines that there is reasonable evidence of erroneously obtained benefits by a participating family or a participating provider, the grantee shall notify the family or provider of the determination of reasonable evidence in writing and shall conduct a preliminary review of the family's or provides's records and other pertinent facts. A grantee may delay or be excused from notifying a provider of the determination of reasonable evidence, if the department finds that the notification may

(1) place children at risk in the care of the provider;

(2) may hamper a criminal investigation; or

(3) hamper an investigation of the provider's compliance with health and safety requirements set out in 4 AAC 62 or this chapter.

(b) Following the preliminary review in (a) of this section, and in a format prescribed by the department, the grantee shall send the following information to the child care programs office:

(1) the findings of the preliminary review, with all supporting documentation;

(2) if a finding of erroneously obtained benefits is made,

(A) the grantee's proposed compliance action or corrective action plan for consideration under (e) of this section; the action or the plan shall specify the methods, the amounts, and the deadlines by which money due shall be repaid or recovered by the program;

(B) the grantee's recommendation, if any, related to probation, suspension, or termination under (g) of this section.

(c) The department may investigate as a result of a preliminary review under (a) of this section or itself initiate a separate investigation into indications of erroneously obtained benefits.

(d) A participating family or participating provider who is the subject of a preliminary review or investigation may continue to participate in the program during the ongoing review or investigation. If the review or investigation is concluded with no finding of erroneously obtained benefits, the grantee shall, and the department will,

(1) close its respective files for the review or investigation; and

(2) notify in writing the family or provider of the closure made under (1) of this subsection.

(e) If, as a result of an investigation, the department determines that a participating family or participating provider erroneously obtained benefits, the department will

(1) for infractions that are

(A) not serious noncompliances, send the participating family or provider written notice of compliance action;

(B) serious noncompliances, develop a corrective action plan to address infractions; the plan required by this paragraph must be developed in consultation with the participating family or participating provider, if possible; notwithstanding the requirements of this subparagraph, the department may proceed to take emergency action under 4 AAC 65.415(b) without the development of a corrective action plan; and

(2) require repayment or recovery of the amount of erroneously obtained benefits and take actions to require the family or provider to fully and permanently correct the noncompliance.

(f) If the family or the provider fails to pay the amount required by the department in accordance with the plan under (e)(1)(B) of this section or the amount required to be repaid is $1000 or more, the department may recover the amount through deductions form future amounts that the department pays under AS 14.38 and this chapter.

(g) In addition to repayment required under (e) of this section or recovery imposed under (f) of this section, the department may impose additional sanctions in accordance with 4 AAC 65.415.

History: Eff. 6/28/90, Register 114; am 4/30/91, Register 118; am 9/12/97, Register 143; am 11/10/2002, Register 164

Authority: AS 14.07.060

AS 14.38.060