Current through Register Vol. 6, March 22, 2024
(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.
AUTH:
39-51-301,
39-51-302,
MCA; IMP:
39-51-3201,
MCA