O.C.G.A.

O.C.G.A. § 49-4-15.1 (2019)

Examination of financial records in instances of alleged fraud

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The department may examine any books, papers, or memoranda reflecting the income of, or financial records bearing upon the determination of the eligibility of, recipients in instances of alleged fraud by recipients of food stamps and public assistance. This process may be implemented by means of a subpoena which may be issued by the commissioner of human services, upon the advice of the State Department of Law. In order to consider the issuance of such subpoenas, the director of the department’s office of fraud and abuse must personally make application in writing to the commissioner of human services specifying why such information is necessary. If issued, such subpoenas shall compel the production of relevant documents. Subpoenas shall be served in the same manner as if issued by a superior court. If any person fails to obey a subpoena issued and served under this Code section with respect to any matter germane to the department’s investigation, on application of the department, through the commissioner of human services or the commissioner’s duly authorized representative, the superior court of the county in which the documents were required to be produced may issue an order requiring the person to comply with the subpoena and to produce the relevant documents.

History

Code 1981, § 49-4-15.1, enacted by Ga. L. 1987, p. 1435, § 2; Ga. L. 1997, p. 1021, § 4; Ga. L. 2009, p. 453, § 2-4/HB 228.

Annotations

Editor’s notes. Ga. L. 1997, p. 1021, § 10, not codified

by the General Assembly, provides for severability. Law reviews. For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U. L. Rev. 284 (1997).