Utah Code 59-2-1215. Fraudulent or negligently prepared claim — Penalties and interest — Procedure
Current as of: 2024 | Check for updates
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Other versions
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For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 59-2-1215
- claimant: includes a surviving spouse:(1)(b)(i) regardless of:(1)(b)(i)(A) the age of the surviving spouse; or(1)(b)(i)(B) the age of the deceased spouse at the time of death;(1)(b)(ii) if the surviving spouse meets the requirements of this part except for the age requirement;(1)(b)(iii) if the surviving spouse is part of the same household of the deceased spouse at the time of death of the deceased spouse; and(1)(b)(iv) if the surviving spouse is unmarried at the time the surviving spouse files the claim. See Utah Code 59-2-1202
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) If the commission or the county determines that a claim is excessive and was filed with fraudulent intent:(1)(a)(i) the claim shall be disallowed in full;(1)(a)(ii) the credit shall be cancelled;(1)(a)(iii) the amount paid or claimed shall be recovered by assessment; and(1)(a)(iv) the assessment provided for in Subsection(1)(a)(iii) shall bear interest:(1)(a)(iv)(A) from the date of the claim;(1)(a)(iv)(B) until refunded or paid; and(1)(a)(iv)(C) at the rate of 1% per month.(1)(b) The claimant, and any person who assists in the preparation or filing of an excessive claim or supplies information upon which an excessive claim was prepared, with fraudulent intent, is guilty of a class A misdemeanor.(2) If the commission or the county determines that a claim is excessive and negligently prepared:(2)(a) 10% of the corrected claim shall be disallowed;(2)(b) the proper portion of any amount paid shall be similarly recovered by assessment; and(2)(c) the assessment provided for in Subsection(2)(b) shall bear interest at 1% per month from the date of payment until refunded or paid.