"Misrepresentation" occurs when:

(1) The employee has made a statement or provided information;

(2) The statement was false;

(3) The employee either knew or should have known the statement or information was false when making or submitting it;

(4) The statement or submission concerned a fact that was material to the employee's rights and responsibilities under Title 50A RCW; and

(5) The employee made the statement or submitted the information with the intent that the department would rely on the statement or information when taking action.