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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 BEFORE THE BOARD OF PUBLIC ASSISTANCE APPEALS STATE OF MONTANA In the Matter of the Fair Hearing of CLAIMANT)))))) FAIR HEARING DECISION No. 04-378 Claimant
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A telephone hearing was held with NW MHR on March. 9, 2004 regarding the issues of: 1. Whether an individual is eligible for LEAP and/or an allowance under a State law(s) and/or a court order(s) or Federal law(s) and/or a Federal court ruling(s) implementing such eligibility; and 2. Whether NW MHR's demand for payment is in violation of the Fair Housing Act, the Fair Credit Reporting Act, or another Federal statute, and/or court order(s). An additional hearing will be scheduled for this matter on April 20, 2003, at 11:30 a.m. in the U.S. District Court, District of Montana at Missoula, Montana. The undersigned Hearing Officer has read and considered all evidence presented. He/she hereby holds NW MHR responsible for: (1) overpaying CLAIMANT 3,079 which was paid into LEAP in October 1998; (2) overcharging CLAIMANT an additional 1,936 which was paid into LEAP in November 1999; AND (3) overcharging CLAIMANT an additional 738 which was paid into LEAP in October 2001. He/she hereby orders NW MHR to repay CLAIMANT all the overpayments due of 5,859.90 for the period of the Overpayment. Plaintiff does not agree with the findings and conclusion(s) set forth above. CLAIMANT will be seeking judicial relief. This decision is subject to appeal to the U.S. District Court for the Western District of Montana. Dated: March 8, 2004, Inventor: Plaintiff. Address: ATT: 914 N. High Street, Missoula, Montana 59250.

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