                                 CODE OF VIRGINIA

PROCEDURE UPON RECEIPT OF APPLICATION (§ 63.2-503)

A. Upon receipt of the application for public assistance, the local director or
Commissioner shall make or cause to be made promptly an investigation to
determine the completeness and correctness of the statements contained in the
application and to ascertain the facts supporting the application and such other
information as the local department or the Commissioner may require to determine
whether an applicant is eligible for public assistance.

B. In conducting the investigation required by subsection A, and only when
consistent with federal law and regulations, the local director shall verify
each applicant&#8217;s identity, income, assets, and any other information
necessary for the purpose of determining eligibility for public assistance,
eliminating the duplication of assistance, and deterring fraud.

C. In cases in which information obtained as a result of the investigation
required by subsection A is inconsistent with information provided by the
applicant at the time of application or otherwise suggests that the applicant
may not be eligible for public assistance, the local director shall notify the
applicant in writing and provide opportunity for the applicant to explain the
discrepancy. If the applicant fails to respond within 10 days of the date of
such notice, the local director shall deny the application for public
assistance. If the applicant responds within 10 days of such notice, upon
receipt of such response, the local director shall conduct such further
investigation as may be necessary to verify the applicant&#8217;s response and
resolve the discrepancy or other issue arising from comparing the information
provided by the applicant with information obtained as a result of the
investigation required by subsection A. If the local director determines that
the information obtained as a result of the investigation required by subsection
A is accurate, and that as a result the applicant is ineligible for public
assistance, the local director shall so notify the applicant and public
assistance shall be denied. In any case in which the local director believes
that the applicant has obtained or attempted to obtain public assistance by
means of willful false statements or representations, impersonation, or other
fraudulent devices, the local director shall initiate a fraud investigation
pursuant to &#xA7; 63.2-526.

D. The Department shall establish a means to obtain and provide the data
necessary for the local departments to conduct the search required by subsection
B in an automated electronic format. In doing so, the Department may use a
third-party contractor. The local department shall immediately take action upon
obtaining information indicating a change in a recipient&#8217;s circumstances
that could warrant reconsideration, cancellation, or changes in the amount of
public assistance paid to the recipient in accordance with the provisions of
&#xA7; 63.2-514.

E. The Department shall report to the General Assembly no later than December 1
of each year the following:

   1. Which specific types or sources of information local directors used, either
   directly or through a third-party contractor, during the past year for the
   purpose of verifying applicants&#8217; identity, income, assets, and other
   information pursuant to subsection B; and

   2. Any types or sources of information that the Department plans to make
   available to local directors to use in the future to verify applicants&#8217;
   identity, income, assets, and other information and the approximate date on
   which the local directors plan to begin using those types or sources of
   information.

F. The Department shall include in its report required pursuant to subsection E
the number of applications for public assistance received in accordance with
this section, the number of cases in which eligibility for public assistance was
approved or denied, and the number of cases referred for investigation and the
reasons in each case.

G. The Board may by regulation authorize the local directors to provide
immediate and temporary assistance to persons pending action of the local
departments.

H. In the event that any provision of this section conflicts with federal law or
regulations, provisions of federal law shall prevail.

HISTORY: Code 1950, §§ 63-117, 63-140.4, 63-143, 63-181, 63-207, 63-212; 1960,
c. 440; 1962, c. 621; 1966, c. 112; 1968, cc. 578, 781, § 63.1-108; 1974, c.
422; 2002, c. 747; 2015, cc. 509, 513.