37.80.507    INTENTIONAL PROGRAM VIOLATION SANCTIONS

(1) The department has the discretion, based on the circumstances of the violation, to determine the appropriate sanction for the first intentional program violation. The department may impose any of the following sanctions on a parent/guardian or provider for a first intentional program violation:

(a) issue the intentional program violation even if there is no overpayment due;

(b) require repayment of child care assistance payments related to the program violation; or

(c) require repayment of child care assistance payments related to the program violation and terminate the parent/guardian or provider, or both, from the Child Care Assistance Program.

(2) If a parent or guardian receives a second intentional program violation, the department will require the repayment of all child care assistance payments related to the violation and the parent will be terminated from the Child Care Assistance Program.

(3) If a provider receives a second intentional program violation, the department will require the repayment of all child care assistance payments related to the violation and may terminate the provider from the program, if appropriate.

(4) A notice of an intentional program violation is an adverse action of the department. The department will send timely notice of this adverse action, including fair hearing rights under ARM 37.80.104 and 37.5.103.

History: 52-2-704, 53-4-212 MCA; IMP, 52-2-704, 52-2-713, MCA; NEW, 2014 MAR p. 599, Eff. 3/28/14.