24.11.459    ADMINISTRATIVE PENALTY

(1) When the department obtains information that leads the department to believe that a claimant, or the claimant's agent, made a false statement or representation, or failed to disclose a material fact in order to obtain or increase benefits, the department shall: 

(a) conduct an investigation;

(b) provide notice to the claimant regarding the information obtained during the investigation;

(c) provide the claimant eight days' time to respond to the information;

(d) issue a determination whether or not benefits were obtained or increased as the result of the false statement or representation, or failure to disclose a material fact;

(e) send written notification of that determination and of the number of weeks of disqualification, if any, imposed pursuant to 39-51-3201, MCA; and

(f) provide appeal rights. The claimant may appeal the determination as to:

(i) the finding that the claimant made a false statement or representation, or failed to disclose a material fact;

(ii) the number of weeks of disqualification imposed; or

(iii) both.

(2) The department shall apply the following when analyzing whether a false statement or misrepresentation was made:

(a) A claimant will be determined to have made a false statement or representation knowing it to be false in order to obtain or increase benefits only upon a finding supported by a preponderance of the evidence that:

(i) the claimant, or the claimant's agent, personally made the statement or representation in question;

(ii) the claimant, or the claimant's agent, knew that the statement or representation was false; and

(iii) the statement or representation was made in connection with the claimant's claim for benefits and was material to a determination of the claimant's benefit entitlement.

(b) Any determination, redetermination, or decision finding that a claimant made a false statement or representation knowing it to be false in order to obtain or increase benefits must specifically cite the evidence in support of each conclusion reached under (2)(a)(i), (ii), and (iii).

(3) The department shall apply the following when analyzing whether there was a failure to disclose a material fact:

(a) A claimant will be determined to have knowingly failed to disclose a material fact in order to obtain or increase benefits only upon a finding supported by a preponderance of the evidence that:

(i) the claimant, or the claimant's agent, had knowledge of the fact in question;

(ii) the fact in question was material to a determination of the claimant's benefit entitlement;

(iii) the claimant, or the claimant's agent, failed to disclose the fact in question; and

(iv) the claimant, or the claimant's agent, knew that the fact in question was required to be disclosed to the department for the proper administration of the claim.

(b) Any determination, redetermination, or decision finding that a claimant knowingly failed to disclose a material fact in order to obtain or increase benefits must specifically cite the evidence in support of each conclusion reached under (3)(a)(i), (ii), and (iii).

(4) The number of weeks of disqualification imposed pursuant to 39-51-3201(1)(a), MCA, is determined as follows:

(a) for each week relative to which a claimant has been determined to have made a false statement or representation, as provided in (2), or failed to disclose a material fact, as provided in (3), not involving a separation from work, two weeks of disqualification are imposed;

(b) for each week relative to which a claimant has been determined to have made a false statement or representation, as provided in (2), or failed to disclose a material fact, as provided in (3), involving a separation from work, six weeks of disqualification are imposed;

(c) an additional eight weeks of disqualification are imposed for each determination, redetermination, or decision, dated within three years of the date of the department's determination under (a) or (b), that imposed a disqualification for any number of weeks pursuant to 39-51-3201(1)(a), MCA; and

(d) any weeks of disqualification imposed as provided in (a) and/or (b) must be imposed for each determination and served consecutively, not concurrently.

(5) A week is counted as a week of disqualification for the purposes of 39-51-3201(1)(a), MCA, only if:

(a) the claimant has filed a weekly payment request for the week;

(b) the claimant is otherwise eligible for and qualified to receive benefits for the week;

(c) the week has not been used to satisfy the waiting period requirement imposed by 39-51-2104(1)(c), MCA; and

(d) the maximum benefit amount for the benefit year in which the week begins, as determined in accordance with 39-51-2204, MCA, has not been exhausted.

 

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-3201, MCA; NEW, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2014 MAR p. 593, Eff. 3/28/14; AMD, 2016 MAR p. 2058, Eff. 11/11/16; AMD, 2018 MAR p. 638, Eff. 4/1/18.