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Rule: 37.70.110 Prev     Up     Next    
Rule Title: FRAUD/TRANSFER OF RESOURCES
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: LOW INCOME ENERGY ASSISTANCE PROGRAM (LIEAP)
Subchapter: General Program Administration
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.70.110    FRAUD/TRANSFER OF RESOURCES

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

(2) If a person appears to have received assistance fraudulently, the local contractor must report all facts of the matter to the department's Human and Community Services Division (HCSD) to determine if the case should be referred to the department's Quality Assurance Division, Program Compliance Bureau (PCB). The PCB may refer the matter to the Department of Justice or the county attorney of the county in which the person resides for further action.

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

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

(5) 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 the date 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 LIEAP benefits.

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

 

History: 53-2-201, MCA; IMP, 53-2-201, MCA; NEW, 1982 MAR p. 732, Eff. 4/16/82; AMD, 1984 MAR p. 1481, Eff. 10/12/84; AMD, 1985 MAR p. 1412, Eff. 9/27/85; AMD, 1990 MAR p. 1959, Eff. 10/26/90; TRANS, from SRS, 1998 MAR p. 2059; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2004 MAR p. 1026, Eff. 4/23/04; AMD, 2015 MAR p. 2145, Eff. 12/11/15; AMD, 2019 MAR p. 2383, Eff. 12/28/19.


 

 
MAR Notices Effective From Effective To History Notes
37-897 12/28/2019 Current History: 53-2-201, MCA; IMP, 53-2-201, MCA; NEW, 1982 MAR p. 732, Eff. 4/16/82; AMD, 1984 MAR p. 1481, Eff. 10/12/84; AMD, 1985 MAR p. 1412, Eff. 9/27/85; AMD, 1990 MAR p. 1959, Eff. 10/26/90; TRANS, from SRS, 1998 MAR p. 2059; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2004 MAR p. 1026, Eff. 4/23/04; AMD, 2015 MAR p. 2145, Eff. 12/11/15; AMD, 2019 MAR p. 2383, Eff. 12/28/19.
37-698 12/11/2015 12/28/2019 History: 53-2-201, MCA; IMP, 53-2-201, MCA; NEW, 1982 MAR p. 732, Eff. 4/16/82; AMD, 1984 MAR p. 1481, Eff. 10/12/84; AMD, 1985 MAR p. 1412, Eff. 9/27/85; AMD, 1990 MAR p. 1959, Eff. 10/26/90; TRANS, from SRS, 1998 MAR p. 2059; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2004 MAR p. 1026, Eff. 4/23/04; AMD, 2015 MAR p. 2145, Eff. 12/11/15.
4/23/2004 12/11/2015 History: Sec. 53-2-201, MCA; IMP, Sec. 53-2-201, MCA; NEW, 1982 MAR p. 732, Eff. 4/16/82; AMD, 1984 MAR p. 1481, Eff. 10/12/84; AMD, 1985 MAR p. 1412, Eff. 9/27/85; AMD, 1990 MAR p. 1959, Eff. 10/26/90; TRANS, from SRS, 1998 MAR p. 2059; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2004 MAR p. 1026, Eff. 4/23/04.
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