(1) An intentional program violation occurs when:
(a) a parent or guardian receives, or attempts to receive, child care assistance based on a false or misleading statement, misrepresentation, concealment, or withholding of relevant facts or information;
(b) a parent or guardian knowingly fails to comply with the requirements for receiving child care assistance;
(c) a provider receives, or attempts to receive, a child care assistance payment based on a false or misleading statement, misrepresentation, concealment, or withholding of relevant facts or information; or
(d) a parent, guardian, or provider knowingly fails to comply with the requirements of the Montana Child Care Act, this chapter, or ARM Title 37, chapter 95.
(2) The department will evaluate an intentional program violation on a case-by-case basis to determine whether to impose a sanction as provided in ARM 37.80.507.
(3) The department must impose sanctions for the following intentional program violations:
(a) providing false employment information, including concealing employment;
(b) providing false information regarding wages or other income;
(c) misrepresenting or failing to disclose household membership;
(d) failing to disclose a criminal conviction as identified in ARM 37.80.306(3);
(e) claiming child care assistance for care provided by an ineligible provider;
(f) misrepresenting the amount of child care needed or used;
(g) falsifying sign-in/sign-out records; and
(h) attempts to undermine or circumvent program requirements designed to ensure child safety, including background checks, group sizes, and child-to-staff ratios.
(4) The department may sanction other intentional program violations based on the circumstances of the violation.