§114.3. Regional fraud detection units; investigative subpoenas and subpoenas duces tecum

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.

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.

Acts 1990, No. 698, §1; Acts 1992, No. 773, §1, eff. July 7, 1992; Acts 1995, No. 698, §1; Acts 2004, No. 333, §1, eff. June 18, 2004; Acts 2018, No. 206, §5.