44-5,122. Same; acts or practices constituting crimes, procedure; reporting alleged violations; review and investigation.
44-5,122
44-5,122. Same; acts or practices constitutingcrimes, procedure;reporting alleged violations; review and investigation.(a) If the directoror the assistant attorneygeneral assigned to the division of workers compensationhas probable cause to believe a fraudulentorabusive act or practice or any other violation ofthe workers compensation act is of such significance as to constitute a crime,a copyof any order, all investigative reports and any evidence in thepossession of the division of workers compensation which relates to such act,practice or violation may beforwarded to the prosecutingattorney of the county in which the act or any of the acts wereperformed which constitute the fraudulent or abusive act or practice or otherviolation.Any case which a county attorney fails to prosecute within 90 days shall bereturned promptly to the director. The assistant attorney general assigned tothe division of workers compensation shall then prosecute the case if, in theopinion of the assistant attorney general, the acts or practices involved stillwarrant prosecution.
(b) Any person who believes a violation of the workers compensation act hasbeen oris being committed may notify thedivision of workers compensation of the departmentof laborimmediately afterdiscovery of the alleged violation. The person shall send to thedivision of workers compensation, in a manner prescribed by the director, theinformationdescribing the facts of the alleged violation and such additional informationrelating to the allegedviolation as the director may require. The director shall causean evaluation of the facts surrounding the alleged violation tobe made to determine the extent, if any, to which violations ofthe workers compensation act exist, which shall include a review andinvestigation by the assistant attorneygeneral assigned to the division to the extent as may be deemed necessary todetermine whether there has been a violation of the workers compensation act.
History: L. 1993, ch. 286, § 3;L. 2000, ch. 160, § 23;L. 2004, ch. 179, § 21; July 1.