ARM 24.40.1103. CALCULATION OF ADMINISTRATIVE PENALTY

(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.