§114.3. Regional fraud detection units; investigative subpoenas and subpoenas duces tecum
NOTE: Subsections A and B eff. until Oct. 1, 2027. See Acts 2025, No.
478.
A.The Department of Children and Family Services shall establish, maintain, and
provide for fraud detection functions in order to detect fraud in obtaining public assistance
through staff in each region of the state. Each fraud detection unit shall report each incident
of public assistance fraud to the fraud detection section of the office of children and family
services on a monthly basis by the tenth day of each succeeding month. An annual report of
the activities of all fraud detection units within a state fiscal year shall be submitted by the
fraud detection section to the Senate and House committees on health and welfare
Free access — add to your briefcase to read the full text and ask questions with AI
§114.3. Regional fraud detection units; investigative subpoenas and subpoenas duces tecum
NOTE: Subsections A and B eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. The Department of Children and Family Services shall establish, maintain, and
provide for fraud detection functions in order to detect fraud in obtaining public assistance
through staff in each region of the state. Each fraud detection unit shall report each incident
of public assistance fraud to the fraud detection section of the office of children and family
services on a monthly basis by the tenth day of each succeeding month. An annual report of
the activities of all fraud detection units within a state fiscal year shall be submitted by the
fraud detection section to the Senate and House committees on health and welfare by
September first.
B. When the secretary of the Department of Children and Family Services or the
secretary's designated representative has evidence that any person, business, or other legal
entity attempted to obtain or obtained assistance or payment for services or goods from the
department by means of any false statement, misrepresentation, or other fraudulent device,
the secretary or the designated representative may issue an administrative investigation
subpoena for deposition testimony or a subpoena duces tecum to be served upon any person,
business, or other legal entity who is believed to have information, material, or physical
evidence relative to the alleged or suspected violation, for the purpose of producing,
revealing, identifying, or explaining documentary material or other physical evidence. Such
deposition or return of subpoena shall take place in the parish in which the person, business,
or other legal entity upon whom the subpoena has been served resides or conducts business.
The subpoena shall be served by certified mail, return receipt requested, or by any other
means authorized by the Code of Civil Procedure or the Code of Criminal Procedure for the
service of process. The subpoena shall specify a return date indicating the date by which
deposition testimony or information, material, or physical evidence must be received by the
department.
NOTE: Subsections A and B as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A. Louisiana Works shall establish, maintain, and provide for fraud detection
functions in order to detect fraud in obtaining public assistance through staff in each region
of the state. Each fraud detection unit shall report each incident of public assistance fraud
to the fraud detection section of the office of children and family services on a monthly basis
by the tenth day of each succeeding month. An annual report of the activities of all fraud
detection units within a state fiscal year shall be submitted by the fraud detection section to
the Senate and House committees on health and welfare by September first.
B. When the secretary of Louisiana Works or the secretary's designated
representative has evidence that any person, business, or other legal entity attempted to
obtain or obtained assistance or payment for services or goods from the department by
means of any false statement, misrepresentation, or other fraudulent device, the secretary
or the designated representative may issue an administrative investigation subpoena for
deposition testimony or a subpoena duces tecum to be served upon any person, business, or
other legal entity who is believed to have information, material, or physical evidence relative
to the alleged or suspected violation, for the purpose of producing, revealing, identifying,
or explaining documentary material or other physical evidence. Such deposition or return
of subpoena shall take place in the parish in which the person, business, or other legal entity
upon whom the subpoena has been served resides or conducts business. The subpoena shall
be served by certified mail, return receipt requested, or by any other means authorized by
the Code of Civil Procedure or the Code of Criminal Procedure for the service of process.
The subpoena shall specify a return date indicating the date by which deposition testimony
or information, material, or physical evidence must be received by the department.
C. At any time before the return date specified in the administrative investigation
subpoena or subpoena duces tecum or within twenty days after the subpoena or subpoena
duces tecum has been served, whichever is earlier, a petition stating good cause for a
protective order to extend the return date, or to modify or set aside the subpoena, may be
filed in the district court having civil jurisdiction in the parish where the person, business,
or other legal entity served with the subpoena resides or has his principal place of business.
D. If no protective order from the court is secured and the investigative subpoena or
subpoena duces tecum is not complied with by the return date thereof, an attorney for the
department may apply to the district court having civil jurisdiction in the parish where the
person, business, or other legal entity served resides or has his principal place of business for
an order compelling compliance with the subpoena or subpoena duces tecum. Any
disobedience of an order compelling compliance shall be punished as a contempt of court.