59-2a-105. Fraudulently or negligently prepared claim -- Penalties and interest.
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Effective 1/1/2026
59-2a-105. Fraudulently or negligently prepared claim -- Penalties and interest.
(a)If the commission or the county determines that a claim is excessive and was filed with fraudulent intent, the commission or the county shall:
(i)disallow the claim in full;
(ii)cancel the credit; and
(iii)recover the amount paid or claimed by assessment with interest:
(A)from the date of the claim until the claim is refunded or repaid; and
(B)at the rate of 1% per month.
(i)An individual who files an excessive claim, with fraudulent intent, is guilty of a class A misdemeanor.
(ii)An individual 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, the commission or the county shall:
(a)disallow 10% of the corrected claim; and
(b)recover the proper portion of any amount paid by assessment with interest:
(i)from the date of the claim until the claim is refunded or repaid; and
(ii)at the rate of 1% per month.
Renumbered and Amended by Chapter 172 , 2025 General Session