Montana Code 30-10-1007. False application — penalties — statute of limitations
30-10-1007. (Temporary) False application — penalties — statute of limitations. (1) A claimant who knowingly files or causes to be filed an application for restitution assistance or documents supporting the application any of which contain false, incomplete, or misleading information in any material aspect shall forfeit all restitution assistance provided from the fund.
Terms Used In Montana Code 30-10-1007
- Claimant: means a person who files an application for restitution assistance under this part on behalf of a victim. See Montana Code 30-10-1003
- Department: means the office of the securities commissioner established in 2-15-1901. See Montana Code 30-10-1003
- Fund: means the securities restitution assistance fund created by 30-10-1004. See Montana Code 30-10-1003
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2)The commissioner may levy a fine of up to $10,000 on a claimant found to be in violation of subsection (1).
(3)A proceeding to determine a violation of subsection (1) must be in accordance with the contested case proceedings in the Montana Administrative Procedure Act, Title 2, chapter 4, parts 6 and 7.
(4)Notwithstanding the statutes of limitations provided in 30-10-305 through 30-10-307, any proceeding to determine a violation of subsection (1) of this section must be initiated within 2 years of the date on which the department discovers the violation or, through the use of reasonable diligence, should have discovered the violation, whichever occurs later. Regardless of when the department discovers a violation or should have discovered a violation through the use of reasonable diligence, the department may not initiate a proceeding under this subsection more than 5 years after the date of the violation. (Terminates June 30, 2027–secs. 3, 4, Ch. 404, L. 2021.)