Mont. Admin. R. Title 34 — Military Affairs

title-34Mont. Admin. R. tit. 34Regulation

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Chapter 34.3 Emergency and Disaster Relief

Subchapter 34.3.1 Emergency and Disaster Relief

Mont. Admin. R. 34.3.101 Emergency and Disaster--General Requirements

(1) The emergency or disaster must be the result of hostile attacks, riots, or insurrections; epidemics of disease; plagues of insects; fires; floods; or other acts of God.

(2) The emergency or disaster must result in damage or disaster to the works, buildings, or property of the state or any political subdivision thereof or menace the health, welfare, safety, lives, or property of a considerable number of persons in a county or community of the state.

History

  • Authorizing statute(s): Sec. 10-3-311 MCA
  • Implementing statute(s): 10-3-311 MCA
  • History: NEW, 1978 MAR p. 716, Eff. 5/26/78; TRANS, from Dept. of Admin. , Ch. 111, L. 1985, Eff. 10/1/85.
Mont. Admin. R. 34.3.102 Expenditures from Fund--General Requirements

(1) Expenditures from the emergency and disaster fund shall be made only when the emergency or disaster justifies the expenditure and is declared an emergency or disaster by executive order of the governor.

(2) The responsible governmental entity must demonstrate that:

(a) all available emergency levies will be exhausted;

(b) the emergency is beyond the financial capability of the responsible governmental entity.

(3) The county disaster committee must determine that an emergency exists and the board of county commissioners or the city, council must levy an emergency millage as provided in 10-3-405, MCA.

History

  • Authorizing statute(s): Sec. 10-3-311 MCA
  • Implementing statute(s): 10-3-311 MCA
  • History: NEW, 1978 MAR p. 716, Eff. 5/26/78; TRANS, from Dept. of Admin. , Ch. 111, L. 1985, Eff. 10/1/85.
Mont. Admin. R. 34.3.103 Determining Financial Capability

(1) The financial capability of a responsible governmental entity shall be determined as follows:

(a) The board or council shall estimate the total expenditure necessary to respond to the emergency. These are preliminary estimates based on the best information available in an emergency situation and will be subject to revision when a more complete appraisal is made.

(b) Estimates should be limited to those costs that cannot be absorbed in the normal operations and should be grouped as follows:

(i) debris clearance;

(ii) protective measures;

(iii) damages to road systems;

(iv) damages to water control facilities;

(v) damages to public buildings and related equipment;

(vi) damages to public utilities;

(vii) damages to public facilities under construction;

(viii) other miscellaneous damages.

(2) The financial resources available to the entity shall include the maximum permissive levy for the fund or account financing the governmental function that is obligated to respond to the emergency. The estimated funds available for the emergency shall be calculated as follows:

Cash balance including reserves

as of June 30, 19__ $

Receipts from two mill emergency

levy

Receipts from maximum permissive

levy and other anticipated

revenues

SUB TOTAL $

Less regular operating budget

including reserve budgeted for

current year per . 7-6-2319, MCA

BALANCE AVAILABLE TO RESPOND

TO EMERGENCY $

History

  • Authorizing statute(s): Sec. 10-3-311, MCA
  • Implementing statute(s): 10-3-311 MCA
  • History: NEW, 1978 MAR p. 716, Eff. 5/26/78; TRANS, from Dept. of Admin. , Ch. 111, L. 1985, Eff. 10/1/85.
Mont. Admin. R. 34.3.104 Application for Assistance

(1) If the total estimated expenditures necessary to respond to the emergency are greater than the estimated resources available for the emergency, the board or council may request the governor to declare an emergency and to initiate action to provide state financial assistance in accordance with such declaration. The application should be made on the following form: The Honorable Ted Schwinden

Governor of Montana

State Capitol

Helena, Montana 59620

Dear Governor Schwinden:

Pursuant to our authority as__________________________________________________

of________________________________________________, Montana, we request that an emergency be declared immediately to provide supplemental disaster relief in accordance with the provisions of Title 10, chapter 3, part 3, MCA.

  1. SITUATION

A. (Date and description of conditions causing

disaster)

B. (Description of damages to public sector)

C. (Description of damages to private sector)

D. (Description of economic impact)

  1. OFFICIAL ACTION

A. The County Disaster Committee has determined by

a majority vote that an emergency does exist.

Attached is a copy of the signed resolution.

B. This __________________________has levied the

emergency two mill levy authorized by Section

10-3-405, MCA. (Attach copy of resolution

imposing the levy.)

C. (Other action taken)

DAMAGE ESTIMATES

A. Debris Clearance $

B. Protective Measures

C. Road Systems

D. Water Control Facilities

E. Public Buildings and Related

Equipment

F. Public Utilities

G. Public Facilities Under

Construction

H. Other Damages (Not in Above

Categories)

TOTAL ESTIMATED DAMAGES $

  1. LOCAL RESOURCES

Names of funds or accounts involved:

ESTIMATED

Cash balance including reserves as of

June 30, 19 $

Receipts from two mill emergency levy

Receipts from maximum permissive levy

and other anticipated revenues

SUB TOTAL $

Less regular operating budget including

reserve budgeted for year per Sec.

7-6-2319, MCA.

BALANCE AVAILABLE TO RESPOND TO

EMERGENCY $

  1. ASSISTANCE REQUIRED

Total damage estimate (from No. 3) $

Less estimated resources available

from No. 4)

ESTIMATED ASSISTANCE REQUIRED $

Date

(Title of Board or Council)

By:

Chairman

Member

Member

History

  • Authorizing statute(s): Sec. 10-3-311 MCA
  • Implementing statute(s): 10-3-311 MCA
  • History: NEW, 1978 MAR p. 716, Eff. 5/26/78; TRANS, from Dept of Admin. , Ch. 111, L. 1985, Eff. 10/1/85.

Subchapter 34.3.2 State Participation in Federal Assistance Programs

Mont. Admin. R. 34.3.201 State and Federal Assistance -- General Requirements

(1) The emergency or disaster must be declared by the President of the United States under current applicable federal law.

(2) In order to qualify for state assistance in a federal assistance program, a political subdivision must declare the emergency or disaster as provided in sections 10-3-402, 10-3-403, and 10-3-404, MCA.

(3) Cost sharing (the state/local commitment) for reimbursable costs will be based on the conditions established in the applicable FEMA/State Agreement.

(4) Costs will be eligible for reimbursement in accordance with current federal law pertaining to publicly owned and maintained facilities.

(5) The state will provide financial assistance to a political subdivision to help it in meeting the necessary state/local commitment when the necessary state/local commitment exceeds the amount of the political subdivision's local share as determined by application of the formula established in ARM 34.3.202. The political subdivision shall be responsible for the state/local commitment up to the amount of the local share as determined by ARM 34.3.202.

(6) If the state's share of the state/local commitment for all eligible applicants exceeds funds available under section 10-3-312, MCA, the state's share to each eligible applicant shall be reduced on a pro-rate basis. If the Montana legislature does not appropriate additional funds in the next regularly scheduled session, after disbursements under these rules, to cover the difference between the state's prorated share and the share it would otherwise pay if funds were sufficient, the obligation for the remaining portion of the state/local commitment is the responsibility of the political subdivision.

(7) For purposes of this chapter, irrigation districts are political subdivisions; other special districts may apply to the Department of Military Affairs, Disaster and Emergency Services Division, for a determination as to their eligibility under these rules.

History

  • Authorizing statute(s): Sec. 10-3-311, MCA
  • Implementing statute(s): 10-3-311 MCA
  • History: NEW, 1983 MAR p. 1246, Eff. 9/16/83; TRANS, from Dept. of Admin. , Ch. 111, L. 1985, Eff. 10/1/85.
Mont. Admin. R. 34.3.202 State and Federal Assistance - Expenditures

(1) As used in this sub-chapter, the following definitions apply:

(a) "State/local commitment" means the portion of reim- bursable costs which the state and its political subdivisions must meet in order to qualify for federal assistance in a presidentially declared disaster. The state/local commitment will be figured for each eligible applicant based on its reimbursable costs.

(b) "Local share" means the share of the state/local commitment which is the responsibility of each county, city, or town, up to the amount of the proceeds of its two mill emergency levy provided for in section 10-3-4615, MCA, or such lesser amount which equals the state/local commitment.

(c) "Total local share" means the sum of the local share of all counties, cities, and towns in the declared disaster area.

(d) "State share" means the share of the state/local commitment which is the responsibility of the state and which is the remainder of the state/local commitment less the local share.

(2) The local share of other political subdivisions, which do not have authority to levy an emergency tax, shall be determined as follows:

(a) by dividing the total local share of all counties, cities, and towns in the declared area by the total state/local commitment for those counties, cities and towns, and multiplying that percentage factor by the state/local commitment for that particular political subdivision.

total local share state/local

of counties, cities, commitment for "other political

and towns x that "other = subdivision's"

total state/local political sub- local share

commitment for division"

counties, cities,

and towns.

(b) If there are less than a total of five (5) eligible counties, cities, or towns in the declared disaster area, the percentage factor to be used in the above formula shall be determined from the last previously presidentially declared disaster in the state of Montana.

History

  • Authorizing statute(s): Sec. 10-3-311, MCA
  • Implementing statute(s): 10-3-311 MCA
  • History: NEW, 1983 MAR p. 1246, Eff. 9/16/83; TRANS, from Dept. of Admin. , Ch. 111, L. 1985, Eff. 10/1/85.

Chapter 34.5 Montana Veterans Affairs Division Montana State Veterans Cemetery

Subchapter 34.5.1 Montana State Veterans Cemetery

Mont. Admin. R. 34.5.101 Eligibility of Veteran

(1) Any veteran who received any discharge, other than a dishonorable discharge, from the armed forces of the United States is eligible for burial in the cemetery. The term "veteran" shall include individuals who served with national guard and reserve units of the U.S. military forces.

(2) Veterans not qualifying for a veterans administration "plot allowance" shall be charged an equivalent fee for opening and closing of all gravesites.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff 6/12/87.
Mont. Admin. R. 34.5.102 Non-Veteran Spouse Entitlement

(1) Any non-veteran spouse of an eligible veteran may also qualify for burial in the state's veterans' cemetery providing that the interment of the qualifying non-veteran spouse is in the same burial plot as that provided for the veteran.

(2) The non-veteran spouse will be charged an opening and closing fee equal to the veterans administration "plot allowance" for veterans.

(3) The non-veteran spouse will be required to provide a like headstone comparable to that of the veteran.

(4) If the veteran has been buried in a plot designated for cremated human remains, the non-veteran spouse must also choose a burial designed for cremated human remains.

(5) The burial for the non-veteran spouse and/or the eligible veterans must be prearranged prior to the interment of the first spouse buried.

(6) The non-veteran spouse must comply with all rules applicable to the burial of the veteran spouse.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.103 Payment of Transportation Costs

(1) All transportation costs shall be paid by the veterans family or private funds.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.104 Preparation for Burial

(1) All bodies shall be prepared for burial, and services conducted by licensed mortuaries, and morticians in and for the state of Montana, under the rules and regulations of the state of Montana, board of morticians.

(2) Each family shall have the right to select their own mortuary firm for arrangements.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.105 Vaults

(1) A vault acceptable to the director of the state veterans cemetery shall be provided at the veterans or non-veterans spouses expense. This shall include cremated human remains.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR. p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.106 Cremated Remains

(1) Cremated human remains must be provided in a container acceptable to the director.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA, NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.107 Granite Markers

(1) Only flat granite markers will be acceptable for the plot marker.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.108 Burial Services

(1) All burial services will be conducted in the service area.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.109 Burial Plots

(1) Burial plots will be provided on a first come first served basis as the need arises.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.110 Plot Charges

(1) There will be no charge for any burial plot.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.111 Visiting Hours

(1) Visiting hours all year: 8:00 a.m. to 5:00 p.m. daily. (Note: Personnel may not be on duty on weekends.)

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.112 Restrictions

(1) The cemetery may not be used as a picnic ground.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff 6/12/87.
Mont. Admin. R. 34.5.113 Fresh Cut Flowers

(1) Fresh cut flowers may be placed on graves at any time during normal working hours. Only temporary metal flower containers are permitted. Floral items will be removed from graves when they become faded or unsightly.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.114 Artificial Flowers

(1) Artificial flowers may be placed on graves during the period of October 10th and April 15th.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.115 Permanent Plantings

(1) Permanent plantings will not be permitted on graves at any time. Potted plants and/or artificial flowers will be permitted on graves during the period 10 days before and 10 days after Easter Sunday and/or Memorial Day.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.116 Christmas Flowers

(1) Christmas wreaths or blankets are permitted on graves during the Christmas season and will be removed by February first each year.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.117 Commemorative Items

(1) Statues, vigil lights, glass objects of any nature and any other commemorative items are not permitted on the graves at any time.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff 6/12/87.
Mont. Admin. R. 34.5.118 Decorating with Flags

(1) All graves will be decorated on the work day immediately preceding Memorial Day and Veterans' Day with small United States flags, which will be removed on the first work day after those holidays. Flags are not permitted on graves at any other time.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA, NEW, 1967 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.119 Removal of Decorative Items

(1) During lawn mowing and ground maintenance season all floral items will be removed from graves on the first and third Mondays of each month.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.120 Depositing Monies

(1) Ten percent of all monies received shall be deposited in a perpetual maintenance account.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.121 Appointment of Director

(1) The director of the state veterans cemetery shall be appointed by the board of veterans affairs.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.
Mont. Admin. R. 34.5.122 Setting of Fees

(1) The fees assessed veterans spouses may be set by the board of veterans affairs at its first annual meeting of each calendar year.

History

  • Authorizing statute(s): Sec. 10-2-602 MCA
  • Implementing statute(s): Sec. 10-2-602 MCA
  • History: NEW, 1987 MAR p. 776, Eff. 6/12/87.

Chapter 34.6 Education Benefit Program

Subchapter 34.6.1 Education Benefit Program for the Montana National Guard

Mont. Admin. R. 34.6.101 Eligibility of Members

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-121, MCA
  • Implementing statute(s): 10-1-121, MCA
  • History: NEW, 1999 MAR p. 2051, Eff. 9/24/99; REP, 2010 MAR p. 423, Eff. 2/12/10.
Mont. Admin. R. 34.6.102 Eligibility Criteria

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-121, MCA
  • Implementing statute(s): 10-1-121, MCA
  • History: NEW, 1999 MAR p. 2051, Eff. 9/24/99; REP, 2010 MAR p. 423, Eff. 2/12/10.
Mont. Admin. R. 34.6.103 Suspension of Educational Benefits

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-121, MCA
  • Implementing statute(s): 10-1-121, MCA
  • History: NEW, 1999 MAR p. 2051, Eff. 9/24/99; REP, 2010 MAR p. 423, Eff. 2/12/10.
Mont. Admin. R. 34.6.104 Eligibility Review and Continuation Program

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-121, MCA
  • Implementing statute(s): 10-1-121, MCA
  • History: NEW, 1999 MAR p. 2051, Eff. 9/24/99; REP, 2010 MAR p. 423, Eff. 2/12/10.
Mont. Admin. R. 34.6.105 Obligation to Repay Educational Benefits

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-121, MCA
  • Implementing statute(s): 10-1-121, MCA
  • History: NEW, 1999 MAR p. 2051, Eff. 9/24/99; REP, 2010 MAR p. 423, Eff. 2/12/10.
Mont. Admin. R. 34.6.106 Availability of the Tuition Fee Waiver

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-121, MCA
  • Implementing statute(s): 10-1-121, 20-25-421, MCA
  • History: NEW, 1999 MAR p. 2051, Eff. 9/24/99; REP, 2010 MAR p. 423, Eff. 2/12/10.

Chapter 34.7 Insurance Premium Reimbursement Program

Subchapter 34.7.1 Military Service Members' Life Insurance Reimbursement Program

Mont. Admin. R. 34.7.101 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-1104, MCA
  • Implementing statute(s): 10-1-1104, MCA
  • History: NEW, 2005 MAR p. 1691, Eff. 9/9/05; REP, 2008 MAR p. 42, Eff. 1/18/08.
Mont. Admin. R. 34.7.102 Eligibility

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-1104, MCA
  • Implementing statute(s): 10-1-1104, MCA
  • History: NEW, 2005 MAR p. 1691, Eff. 9/9/05; REP, 2008 MAR p. 42, Eff. 1/18/08.
Mont. Admin. R. 34.7.103 Limitations on Reimbursement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-1104, MCA
  • Implementing statute(s): 10-1-1104, MCA
  • History: NEW, 2005 MAR p. 1691, Eff. 9/9/05; REP, 2008 MAR p. 42, Eff. 1/18/08.
Mont. Admin. R. 34.7.104 Application for Reimbursement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-1104, MCA
  • Implementing statute(s): 10-1-1104, MCA
  • History: NEW, 2005 MAR p. 1691, Eff. 9/9/05; REP, 2008 MAR p. 42, Eff. 1/18/08.
Mont. Admin. R. 34.7.105 Termination Date; Further Appropriation Required

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-1104, MCA
  • Implementing statute(s): 10-1-1104, MCA
  • History: NEW, 2005 MAR p. 1691, Eff. 9/9/05; REP, 2008 MAR p. 42, Eff. 1/18/08.
Mont. Admin. R. 34.7.106 Termination Date; United States Assumes Payment of Premiums or Increases Death Gratuity

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-1104, MCA
  • Implementing statute(s): 10-1-1104, MCA
  • History: NEW, 2005 MAR p. 1691, Eff. 9/9/05; REP, 2008 MAR p. 42, Eff. 1/18/08.

Subchapter 34.7.2 Military Service Members' Life Insurance Reimbursement Program

Mont. Admin. R. 34.7.201 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-105, 10-1-1114, MCA
  • Implementing statute(s): 10-1-1111, 10-1-1113, 10-1-1114, MCA
  • History: NEW, 2008 MAR p. 42, Eff. 1/18/08; REP, 2023 MAR p. 1191, Eff. 10/7/23.
Mont. Admin. R. 34.7.202 Eligibility

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-105, 10-1-1114, MCA
  • Implementing statute(s): 10-1-1111, 10-1-1113, 10-1-1114, MCA
  • History: NEW, 2008 MAR p. 42, Eff. 1/18/08; REP, 2023 MAR p. 1191, Eff. 10/7/23.
Mont. Admin. R. 34.7.203 Limitations on Reimbursement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-105, 10-1-1114, MCA
  • Implementing statute(s): 10-1-1111, 10-1-1113, 10-1-1114, MCA
  • History: NEW, 2008 MAR p. 42, Eff. 1/18/08; REP, 2023 MAR p. 1191, Eff. 10/7/23.
Mont. Admin. R. 34.7.204 Application for Reimbursement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-105, 10-1-1114, MCA
  • Implementing statute(s): 10-1-1111, 10-1-1113, 10-1-1114, MCA
  • History: NEW, 2008 MAR p. 42, Eff. 1/18/08; REP, 2023 MAR p. 1191, Eff. 10/7/23.
Mont. Admin. R. 34.7.205 Further Appropriation Required

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

  • Authorizing statute(s): 10-1-105, 10-1-1114, MCA
  • Implementing statute(s): 10-1-1111, 10-1-1113, 10-1-1114, MCA
  • History: NEW, 2008 MAR p. 42, Eff. 1/18/08; REP, 2023 MAR p. 1191, Eff. 10/7/23.

Chapter 34.8 Montana Military Family Relief Fund

Subchapter 34.8.1 Montana Military Family Relief Fund

Mont. Admin. R. 34.8.101 Definitions

For purposes of this chapter, in addition to those definitions found in 10-1-1304, MCA, the following definitions apply:

(1) "Active duty" has the meaning provided in 38 USC 1965(1)(A) and generally means full-time duty in the armed forces, other than active duty for training.

(2) "Application" means MMFRF Form 1, MMFRF Form 2, or MMFRF Form 3, as applicable, and the supporting documentation required by these rules.

(3) "National guard" has the meaning provided in 10-1-101, MCA.

(4) "Reserve" means a Montana resident who is a member of a reserve component, as defined in 38 USC 101, of the United States armed forces.

History

  • Authorizing statute(s): 10-1-105, 10-1-1307, MCA
  • Implementing statute(s): 10-1-1304, 10-1-1307, MCA
  • History: NEW, 2008 MAR p. 43, Eff. 1/18/08.
Mont. Admin. R. 34.8.102 Application for Status-Based Grant

(1) The grant applicant must submit a completed MMFRF Form 1 to the Department of Military Affairs, ATTN: Centralized Services.

History

  • Authorizing statute(s): 10-1-105, 10-1-1307, MCA
  • Implementing statute(s): 10-1-1305, 10-1-1307, 10-1-1308, MCA
  • History: NEW, 2008 MAR p. 43, Eff. 1/18/08.
Mont. Admin. R. 34.8.104 Application for Needs-Based Grant

(1) The grant applicant must submit:

(a) A completed MMFRF Form 2 to the Department of Military Affairs, ATTN: Centralized Services.

(b) With the completed MMFRF Form 2, the applicant must supply one, but may supply both, of the following to support the application:

(i) a copy of a payroll record from the member's civilian employer that indicates the member's monthly salary plus a copy of a military payroll record that indicates the member's monthly salary; alternatively, the applicant must provide proof that the member's monthly military pay and allowances, combined, are at least 30% less than the member's monthly civilian wages or income; or

(ii) proof that the member or family member is experiencing a significant emergency that warrants financial assistance, including, but not limited to, specific monetary expenses related to clothing, food, housing, utilities, medical services, medical prescriptions, insurance, or vehicle payments. Such proof shall include, but is not limited to, a copy of a bill, invoice, estimate, cancellation notice, or any other similar record.

History

  • Authorizing statute(s): 10-1-105, 10-1-1307, MCA
  • Implementing statute(s): 10-1-1305, 10-1-1307, 10-1-1308, MCA
  • History: NEW, 2008 MAR p. 43, Eff. 1/18/08.
Mont. Admin. R. 34.8.106 Application for Casualty-Based Grant

(1) The grant applicant must submit the following:

(a) A completed MMFRF Form 3 to the Department of Military Affairs, ATTN: Centralized Services.

(b) Proof of award of a Purple Heart.

History

  • Authorizing statute(s): 10-1-105, 10-1-1307, MCA
  • Implementing statute(s): 10-1-1305, 10-1-1307, 10-1-1308, MCA
  • History: NEW, 2008 MAR p. 43, Eff. 1/18/08.
Mont. Admin. R. 34.8.108 Submission of Grant Applications

(1) Complete applications must be received by the Department of Military Affairs while the member is on active duty for federal service in a contingency operation.

(2) Complete applications may be submitted via facsimile or e-mail. The original complete application must be submitted before payments can be authorized and before the application is placed in the payment queue.

(3) Incomplete applications will be returned to the applicant.

(4) Upon receipt of a complete application, via facsimile, e-mail, or original, the Department of Military Affairs will verify the member's eligibility and Defense Enrollment Eligibility Reporting System (DEERS) enrollment. Upon receipt of the original complete application, the Department of Military Affairs will process the complete application in an expeditious manner.

History

  • Authorizing statute(s): 10-1-105, 10-1-1307, MCA
  • Implementing statute(s): 10-1-1307, MCA
  • History: NEW, 2008 MAR p. 43, Eff. 1/18/08.
Mont. Admin. R. 34.8.110 Needs-Based Grant Application Committee Review and Utilization of Information on Other State Assistance

(1) With respect to review of needs-based grant applications, the review process may include consideration of other state assistance provided to the applicant. Information on other state assistance available to any committee member through the agency records of the committee member may be considered, unless prohibited by applicable law on dissemination of such information. Grant applicants may also be required to consent to release of information on other state assistance as a condition for qualifying for any needs-based grant.

History

  • Authorizing statute(s): 10-1-105, 10-1-1307, MCA
  • Implementing statute(s): 10-1-1307, 10-1-1308, MCA
  • History: NEW, 2008 MAR p. 43, Eff. 1/18/08.
Mont. Admin. R. 34.8.112 Appeal of Grant Application Denial

(1) The applicant must specifically address the basis for the original denial and provide further proof as to why the applicant's grant request should be approved. Resubmission of the original application without additional proof will result in automatic denial of appeal.

(2) The Adjutant General or his/her designee shall consider the applicant's appeal and inform the applicant of the decision.

History

  • Authorizing statute(s): 10-1-105, 10-1-1307, MCA
  • Implementing statute(s): 10-1-1307, 10-1-1308, MCA
  • History: NEW, 2008 MAR p. 43, Eff. 1/18/08.
Mont. Admin. R. 34.8.114 Grant Payments

(1) Payments will be made to eligible members or family members. Payments will not be made to creditors, and payments will be subject to applicable deductions.

(2) If adequate funds are not available, the application will be held in a queue until funds are available.

History

  • Authorizing statute(s): 10-1-105, 10-1-1307, MCA
  • Implementing statute(s): 10-1-1307
  • History: NEW, 2008 MAR p. 43, Eff. 1/18/08.

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