Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.40 - UNEMPLOYMENT INSURANCE
Subchapter 24.40.11 - NEW
Rule 24.40.1103 - CALCULATION OF ADMINISTRATIVE PENALTY
Universal Citation: MT Admin Rules 24.40.1103
Current through Register Vol. 18, September 20, 2024
(1) The number of weeks of disqualification imposed pursuant to a determination of fraud under ARM 24.40.1101, is determined as follows:
(a)
for each week the department determined a claimant made a false statement or
representation or failed to disclose a material fact not involving a separation
from employment, two weeks of disqualification are imposed;
(b) for each week the department determined a
claimant made a false statement or representation or failed to disclose a
material fact, involving a separation from employment, six weeks of
disqualification are imposed;
(c)
an additional eight weeks of disqualification are imposed for each
determination 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; 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.
(2) A week is counted as a week of disqualification 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 week requirement; and
(d) the maximum benefit amount for the
benefit year in which the week begins has not been exhausted.
AUTH: 39-51-301, 39-51-302, MCA; IMP: 39-51-3201, MCA
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