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(Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221) Statutory Authority: Authority: AS 47.05.010 AS 47.25.001 7 AAC 41.410. Intentional program violations. (a) An intentional program violation is an action, inaction, or statement made by a family or provider to deliberately misrepresent, conceal, or withhold a material fact, resulting in establishing a benefit or payment to the family or the provider under this chapter, for which the family or the provider is not entitled. Refusing to comply with a required action under 7 AAC 41.375 or 7 AAC 41.407(c) or (j) also constitutes an intentional program violation. The department may impose a penalty upon the family or the provider under 7 AAC 41.425 for an intentional program violation set out in (b) or (c) of this section. The department will impose a level of penalty necessary to ensure benefits are being paid in accordance with AS 47.25.001 — 47.25.095 and this chapter. (b) A family is subject to penalty under the program for

(1) reporting incomplete or inaccurate information regarding the family’s income or eligibility for benefits;

(2) providing false or misleading information, or withholding information, in order to receive benefits under the program. (c) A provider or a family using an in-home child care caregiver is subject to penalty for

(1) providing false or misleading information or withholding necessary information that results in an erroneous determination of eligibility or an erroneous payment of program benefits;

(2) failing to comply with requirements related to rates charged in accordance with 7 AAC 41.245;

(3) falsifying attendance records to reflect a higher amount of time a child was in care than actually occurred. (d) If, after a compliance review or an investigation, a participating family or provider is believed by the department to have committed an intentional program violation, as defined in (a) of this section, the department may

(1) proceed against the accused family or provider through an intentional program