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(1) A child care provider or a parent who has reason to believe an overpayment or underpayment of child care assistance has occurred must notify the department within ten days.

(2) If an audit of the case shows monies received fall under ARM 37.80.506(1)(a), (b), (c), and (d), the department may recover the amount of any child care payment made to a child care provider or to a parent which is in excess of the amount to which the provider or parent was entitled.

(a) If an overpayment is due to an intentional program violation of the parent, the parent must repay the overpayment to the department.

(b) If an overpayment is due to any error, act, or omission of the provider, whether intentional or otherwise, the provider must repay the overpayment to the department.

(3) The provider or the parent must repay the overpayment within 30 days after the department sends notice of the overpayment with a demand for repayment.

(4) If the provider or the parent fails to repay the overpayment within 30 days, the department may reduce future child care payments or increase household child care copayments until the overpayment is recovered in full.

(5) If an underpayment of child care payments occurs, the underpayment will be corrected by increasing the payment for the following month to cover the underpayment.

History: 52-2-704, 53-4-212, MCA; IMP, 52-2-704, 52-2-713, MCA; NEW, 1998 MAR p. 3117, Eff. 11/20/98; AMD, 2002 MAR p. 1989, Eff. 5/31/02; AMD, 2003 MAR p. 1306, Eff. 7/1/03; AMD, 2005 MAR p. 1057, Eff. 7/1/05; AMD, 2012 MAR p. 195, Eff. 1/27/12; AMD, 2014 MAR p. 599, Eff. 3/28/14; AMD, 2016 MAR p. 590, Eff. 4/9/16.

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