ARSD 67:48:05:03
ARSD 67:48:05:03. Benefit paid in error as result of intentional program violation
Cite as S.D. Admin. R. 67:48:05:03
A benefit paid in error includes a payment made as a result of an intentional program violation. An IPV exists if any of the following occurs:
(1) The individual pleads guilty or nolo contendere to fraud;
(2) The individual waives the right to a disqualification hearing; or
(3) An administrative hearing officer or a court of appropriate jurisdiction finds that the individual made a false or misleading statement or misrepresented, concealed, or withheld facts or intentionally acted to mislead, misrepresent, conceal, withhold facts, or propound a falsity for the purpose of establishing or maintaining eligibility under article 67:48 or increasing or preventing a reduction in the amount of benefits payable.