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(1) Whoever knowingly obtains by means of a willfully false statement, representation, or impersonation or other fraudulent device low income energy assistance to which he 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 an individual appears to have received assistance fraudulently, the local contractor must report all facts of the matter to the audit and compliance bureau. The bureau may in turn refer the matter to the department of justice or the county attorney of the county in which the recipient resides for further action.

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

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

(5) Fuel assistance shall not be granted to any person who has deprived himself directly or indirectly of any resources for the purpose of qualifying for assistance. Any 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 shall be presumed to have made such transfer for the purpose of qualifying for assistance.

(a) The applicant or recipient may submit evidence that he did not make the transfer of resources for the purpose of qualifying for assistance.

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

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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