Section 2830.325  Check Or Direct Deposit Authorization Forgery Interview

a)         A special agent other than the special agent who conducted the investigation will control the interview, which will be limited to the issues set forth in the notice of interview;

b)         All testimony at the interview shall be made under oath or affirmation;

c)         At the interview, the special agent shall:

1)         Inform the parties of the purpose of the interview and of their rights under the Act and the rules promulgated thereunder;

2)         Present to the claimant all relevant material obtained during the investigation;

3)         If the second endorser is present, take any testimony that he or she can offer on the cashing of the benefit check;

4)         Provide the claimant with an opportunity to explain any reasons or to present any evidence that would show that the signature on the benefit check or direct deposit authorization form is not his or hers (or otherwise that the direct deposit authorization form is not authentic if it was submitted via the internet), and then allow the claimant to cross-examine any witnesses at the hearing or rebut any other evidence presented; and

5)         Issue his or her decision on the available facts, even if the claimant does not appear at the interview (there shall be no defaults for want of prosecution, though the claimant may withdraw his or her request for reissuance).

(Source:  Amended at 32 Ill. Reg. 13183, effective July 24, 2008)