(1) A person who knowingly obtains LIHEAP benefits to which he or she is not entitled by means of a purposely or knowingly false statement, representation, impersonation, or other fraudulent device is guilty of theft as provided in 45-6-301, MCA, and is ineligible for assistance for the entire current heating season.

(2) Resale or transfer of benefits to another person is expressly prohibited.

(3) Fuel vendors may not retain benefits of households who have discontinued service.

(4) Fuel assistance will not be granted to a person who has deprived himself or herself, directly or indirectly, of any resources for the purpose of qualifying for assistance. A person who has transferred resources or interest in resources within one year of application without receiving adequate consideration in money or money's worth will be presumed to have made such transfer for the purpose of qualifying for assistance.

(a) A person may submit evidence that he or she did not make the transfer of resources to qualify for LIHEAP benefits.

(b) It is the responsibility of the person to submit this evidence.