Mont. Admin. R. tit. 23 | Mont. Admin. R. Title 23 — Justice

Chapter 23.1 Organizational Rule

Subchapter 23.1.1 Organizational Rule

Mont. Admin. R. 23.1.101 Organizational Rule

(1) Organization of the Department of Justice:

(a) History: Under the Executive Reorganization Act of 1971, the Governor implemented the creation of a Department of Law Enforcement and Public Safety by Executive Reorganization Order 3-72 on September 1, 1972. The name of the department was changed to the Department of Justice on March 9, 1973, under Chapter 250, 1973 Montana Laws.

(b) Department Head: The department head is the Attorney General.

(c) Divisions: The department is divided into divisions, headed by administrators. Some divisions are divided into bureaus, headed by chiefs. The divisions are:

(i) the Central Services Division;

(ii) the Division of Criminal Investigation;

(iii) the Forensic Science Division;

(iv) the Gambling Control Division;

(v) the Montana Law Enforcement Academy;

(vi) the State Attorney’s Office;

(vii) the Montana Highway Patrol; and

(viii) the Motor Vehicle Division.

(d) There are five boards and one program attached to the department for administrative purposes only:

(i) the Gaming Advisory Council;

(ii) the County Motor Vehicle Computer Committee;

(iii) The Public Safety Officer Standards and Training (POST) Council;

(iv) the Board of Crime Control;

(v) the Montana End of Watch Trust; and

(vi) the Natural Resource Damage Program (NRDP).

(2) Functions of the department:

(a) The Central Services Division is composed of Human Resources, Fiscal, Budget, Justice Information Technology, and the 9-1-1 Program.

(b) The Division of Criminal Investigation contains the Investigations Bureau, the Narcotics Bureau, the Crime Information Bureau, and the Special Services Bureau.

(c) The Forensic Science Division provides examinations and expert testimony in the disciplines of serology/DNA, toxicology, firearms, toolmarks, serial number restoration, latent fingerprints, breath alcohol, controlled substances, gunshot residues, and the services of the State Medical Examiner.

(d) The Gambling Control Division is composed of the Technical Services Section, the Compliance Section, the Audit Section, and the License and Tax Section.

(e) The Montana Law Enforcement Academy contains operations and training.

(f) The State Attorney's Office is composed of criminal bureaus that include the Appellate Services Bureau, the Prosecution Services Bureau, and the Child Protection Unit. The division also includes the Civil Bureau, the Solicitor General, the Office of Consumer Protection Bureau, and the Agency Legal Services Bureau.

(g) The Montana Highway Patrol is composed of the Field Forces Bureau and the Operations Bureau.

(h) The Motor Vehicle Division (MVD) is composed of the Driver Services Bureau, the Operation Services Bureau, and the Vehicle Services Bureau.

(3) Personnel Roster: Addresses of the Attorney General, division administrators, and bureau chiefs are as follows:

Attorney General: 215 North Sanders, P.O. Box 201401, Helena, Montana 59620-1401.

Central Services Division Administrator: 840 Helena Avenue, P.O. Box 201404, Helena, Montana 59620-1404.

Consumer Protection and Victim Services: 302 North Roberts, P.O. Box 201405, Helena, Montana 59620-1405.

Division of Criminal Investigation Administrator: P.O. Box 201417, Helena, Montana 59620-1417.

Forensic Science Division Administrator: 2679 Palmer, Missoula, Montana 59808.

Gambling Control Division Administrator: 615 South 27th Street, Suite A, Billings, Montana 59101.

Law Enforcement Academy: 2260 Sierra Road East, Helena, Montana 59602.

State Attorney’s Office Administrator: 215 North Sanders, P.O. Box 201401, Helena, Montana 59620-1401; Agency Legal Services Bureau Chief: 1712 Ninth Avenue, P.O. Box 201440, Helena, Montana 59620-1440.

Montana Highway Patrol Administrator: 18 Trooper Drive, Boulder, MT 59632.

Motor Vehicle Division Administrator: 302 North Roberts, P.O. Box 201430, Helena, Montana 59620-1430; (P.O. Box 21431, Helena, Montana 59620-1431 for VSB).

Vehicle Services Bureau: P.O. Box 201431, Helena, Montana 59620-1431.

Natural Resource Damage Program: 1720 Ninth Avenue, P.O. Box 201425, Helena, Montana 59620-1425.

(4) Chart of Agency Organization: The organizational and functional chart of the department follows.

Official policy figure

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-15-2001, 2-15-2002, 2-15-2003, 2-15-2004, 2-15-2005, 2-15-2006, 2-15-2007, 2-15-2008, 2-15-2009, 2-15-2010, 2-15-2011, MCA
History: Eff. 12/31/72; AMD, Eff. 9/4/75; AMD, Eff. 10/11/79; AMD, Eff. 12/31/81; AMD, Eff. 3/31/82; AMD, Eff. 3/31/91; AMD, Eff. 12/31/92; AMD, Eff. 3/31/94; AMD, Eff. 6/30/98; AMD, Eff. 12/31/08; AMD, Eff. 12/31/11; AMD, Eff. 12/31/12; AMD, Eff. 6/30/14; AMD, Eff. 6/30/18; AMD, Eff. 12/31/20; AMD, Eff. 10/17/24.

Chapter 23.2 Procedural Rules

Subchapter 23.2.1 Procedural Rules

Mont. Admin. R. 23.2.101 Adoption of Model Rules

(1) Except as provided in ARM 23.2.111 through 23.2.131, the Department of Justice hereby adopts and incorporates by reference the Attorney General's Model Rules of Procedure. The model rules are found at ARM 1.3.101 through 1.3.233, and a copy may be obtained from the Secretary of State, State Capitol, Room 225, Helena, Montana 59620.

History

Authorizing statute(s): Sec. 2-4-201(2) MCA
Implementing statute(s): 2-4-201(2) MCA, Eff. 12/31/72
History: AMD, 1982 MAR p. 599, Eff. 3/26/82.

Mont. Admin. R. 23.2.121 Driver's License Denial, Suspension, Revocation, or Cancellation

(1) The denial, suspension, revocation, or cancellation of a driver's license, or the issuance of a probationary driver's license is not a contested case under the Attorney General's Model Rules of Procedure.

History

Authorizing statute(s): Sec. 2-4-201(2) MCA
Implementing statute(s): 61-5-201 et seq. MCA
History: NEW, 1980 MAR p. 579, Eff. 2/15/80.

Mont. Admin. R. 23.2.122 Notice of Immediate Suspension of a Driver's License or Issuance of a Probationary Driver's License

(1) "Upon suspending the license of any person or upon placing such person on probation [under section 61-5-206 MCA], the [motor vehicle division] shall immediately notify the licensee in writing." Section 61-5-206 (3) MCA.

(2) The notice must include:

(a) A statement of the effective date of the action of the motor vehicle division.

(b) A statement advising the licensee he has a right to request a hearing within a reasonable time.

(d) A statement advising the licensee the hearing must be held in the county where he resides unless he and the motor vehicle division agree that the hearing may be held in some other county.

(e) A statement of the legal authority and jurisdiction under which the motor vehicle division acted.

(f) A reference to the particular sections of the statutes and rules involved.

(g) A short and plain statement of the matters asserted. If the motor vehicle division is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved; the notice should include, however, notice of the licensee's right to obtain a more definite and detailed statement upon application.

(h) A provision advising the licensee of his right to be represented by counsel at the hearing.

(3) Copies of forms used to comply with this rule are available from the Motor Vehicle Division, Room 362, Scott Hart Building, 303 Roberts, Helena, Montana 59601.

(4) "[U]pon ... request [the motor vehicle division] shall afford [the licensee] an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the division and the licensee agree that such hearing may be held in some other county." Section 61-5-206 (3)MCA.

History

Authorizing statute(s): Sec. 2-4-201(2) MCA
Implementing statute(s): 61-5-206(3) MCA, Eff. 12/31/72.

Mont. Admin. R. 23.2.123 Denial for Inability to Verify Name and Birthdate

(1) A person denied a driver's license for inability to provide documentary verification of name and date of birth may file a written request for a hearing with the motor vehicle division within 30 days after the denial.

History

Authorizing statute(s): Sec. 2-4-201(2) MCA
Implementing statute(s): 61-5-105 MCA, Eff. 12/31/72.

Mont. Admin. R. 23.2.124 Hearing

(1) If a hearing is properly requested under either ARM 23.2.122(4) or ARM 23.2.123 the hearing must be conducted according to the Attorney General's Model Rules of Procedure concerning the conduct of contested case hearings and section 61-5-206 (3) MCA. However, service will be by regular United States mail, postage prepaid.

(2) The driver improvement committee shall render the final decision.

History

Authorizing statute(s): Sec. 2-4-201(2) MCA
Implementing statute(s): 61-5-201 et seq. MCA
History: NEW, 1980 MAR p. 579, Eff. 2/15/80.

Mont. Admin. R. 23.2.125 Hearing Examiners

(1) An examiner may conduct hearings. As a duly authorized agent of the motor vehicle division, he "may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee" under section 61-5-206 (3) MCA.

History

Authorizing statute(s): Sec. 2-4-201(2) MCA
Implementing statute(s): 61-5-206(3) MCA, Eff. 12/31/72.

Mont. Admin. R. 23.2.131 Conditions or Materials Creating a Fire Hazard

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 2-4-201(2) MCA
Implementing statute(s): 50-62-108 MCA, Eff. 12/31/72
History: REP, 1991 MAR p. 1839, Eff. 9/27/91.

Subchapter 23.2.2 Investigative Protocol

Mont. Admin. R. 23.2.201 Definitions

Unless the context requires otherwise, the following definitions apply to ARM 23.2.201 through 23.2.205:

(1) "Active investigation" means an investigation when officers are physically collecting data in another jurisdiction, conducting surveillance or interviews, executing search warrants, or any related activities. Active investigation does not include the collection, analysis or dissemination of criminal intelligence information or unconfirmed information secured prior to the initiation of an active investigation.

(2) "Investigative protocol" means the procedure used by the Montana department of justice law enforcement agencies to notify other law enforcement agencies and coordinate investigative activities to ensure the maximum effective use of personnel, respect for jurisdictional boundaries, and safety of officers involved in an investigation.

(3) "Liaison officer" means an officer in a police department, sheriff's office, state or federal agency designated by the agency head to serve as the contact between local or federal law enforcement agencies and state investigative agencies within the Montana department of justice.

(4) "State agency" means a criminal investigative agency within the Montana department of justice including those agencies that investigate narcotics, organized crime, gambling, general criminal investigations, motor vehicle investigations, worker's compensation (state fund) fraud, and other areas of responsibility as defined in section 44-2-115 , MCA.

History

Authorizing statute(s): Sec. 2-15-112, MCA
Implementing statute(s): Sec. 44-2-115, MCA
History: NEW, 1992 MAR p. 2752, Eff. 11/13/92.

Mont. Admin. R. 23.2.202 Protocol

(1) A state agency shall not undertake an active criminal investigation except as provided in section 44-2-115 , MCA. When a state agency begins an active investigation pursuant to section 44-2-115 , MCA, within the jurisdiction of a local law enforcement agency, the administrator of the division or a designated liaison officer shall provide advance notification to the chief law enforcement officer or designated liaison officer of that jurisdiction.

(2) This notification is required in all instances unless one of the following special exceptions exist:

(a) An investigation has been properly initiated within one jurisdiction and during the immediate course of the investigation exigent circumstances require investigation in another jurisdiction. In this event, the state liaison officer shall notify the affected jurisdiction as soon as the safety and security of investigative personnel is assured.

(b) When an investigation is performed by a state agency at the request and under the direction of a federal law enforcement agency, the responsibility for and decision regarding notification to other authorities shall be made by the federal agent in charge of the investigation. When joint federal and state investigations are conducted, the liaison officer for the state agency will request in writing that the federal agency notify local law enforcement officials that the investigation is in progress, and document the response to this notification.

(c) When the subject of the investigation is the chief law enforcement officer of the agency or public official and a request for investigative assistance has been received pursuant to section 44-2-115 (1) , MCA, the notification procedure described in ARM 23.2.203 will apply.

History

Authorizing statute(s): Sec. 2-15-112, MCA
Implementing statute(s): Sec. 44-2-115, MCA
History: NEW, 1992 MAR p. 2752, Eff. 11/13/92.

Mont. Admin. R. 23.2.203 Internal Investigation

(1) For a state agency to initiate an internal investigation of another law enforcement agency or public official pursuant to section 44-2-115 , MCA, the following procedures must be followed:

(a) A written request must be received and approved by the attorney general or a designated representative. The request must be from a chief of police, sheriff or county attorney within the jurisdiction where the alleged offense(s) occurred.

(b) The request must describe the reasonable facts that led the official to believe a criminal offense has been or is being committed.

(2) The agent shall contact only the liaison officer designated in the request from the law enforcement official.

(3) If the investigation concerns the supervisor of a law enforcement agency or the county attorney, it will be the responsibility of the attorney general or his designated representative to contact the affected officer when the investigation is completed, and summarize the action the state agency intends to take based on the investigation.

History

Authorizing statute(s): Sec. 2-15-112, MCA
Implementing statute(s): Sec. 44-2-115, MCA
History: NEW, 1992 MAR p. 2752, Eff. 11/13/92.

Mont. Admin. R. 23.2.204 Coordination

(1) Local, state, and federal law enforcement agencies will make every good faith effort to notify the appropriate law enforcement agencies concerning active investigations.

(2) Notification to the appropriate law enforcement agencies is intended to avoid duplication of effort and to ensure maximum coordination among various law enforcement agencies in the state of Montana.

History

Authorizing statute(s): Sec. 2-15-112, MCA
Implementing statute(s): Sec. 44-2-115, MCA
History: NEW, 1992 MAR p. 2752, Eff. 11/13/92.

Mont. Admin. R. 23.2.205 Complaint Review

(1) Whenever a law enforcement agency concludes that a state agency has actively conducted an investigation within their jurisdiction without proper notification, a written complaint may be forwarded to the attorney general. Whenever a complaint is received, the attorney general or a designated representative will request a written response from the agency involved in the complaint. The attorney general or a designated representative will review the response, determine if the action constituted a violation of investigative protocol, and act to ensure future compliance with the administrative rules.

History

Authorizing statute(s): 2-15-112, MCA
Implementing statute(s): 44-2-115, MCA
History: NEW, 1992 MAR p. 2752, Eff. 11/13/92; AMD, 2018 MAR p. 304, Eff. 2/10/18.

Subchapter 23.2.3 Statement of Inability to Pay Court Costs and Fees

Mont. Admin. R. 23.2.301 Statement of Inability to Pay Court Costs and Fees

____________________________________

Name

_____________________________________

Mailing Address

_____________________________________

City State Zip Code

_____________________________________

Phone Number

_____________________________________

E-mail Address ( optional )

☐ Petitioner/Plaintiff ☐ Respondent/Defendant

☐ MONTANA ___________ JUDICIAL DISTRICT COURT, ___________ COUNTY

☐ IN THE JUSTICE COURT OF _____________ COUNTY, STATE OF MONTANA

☐ IN THE MUNICIPAL OR CITY COURT OF ______________, MONTANA

________________________________, Petitioner / Plaintiff, and ________________________________, Respondent / Defendant. | Case No: ____________________ ( leave blank, the clerk will write in ) Statement of Inability to Pay Court Costs and Fees

I have a good cause of action or defense but am unable to pay filing or other court fees. I request the court waive the costs and fees. I provide the following information.

My full legal name is: ________________________________. I was born in this month _____________ and this year ______________.

☐ I am represented by an entity that provides free legal services to low-income persons.

☐ I am represented by a volunteer/pro bono attorney, and am financially eligible for free legal services. ( Attach a certificate of eligibility from legal aid organization to this form .)

☐ I receive one or more of these benefits: (Check the box for each benefit you receive.)

☐ SNAP ☐ TANF ☐ SSI ☐ Medicaid ☐ WIC ☐ LIEAP

If you checked any one of the three boxes above, skip to the end of this form, and sign the declaration on page 3. You don't need to fill out the remainder of the form.

If you did not check a box above, you may still qualify for a fee waiver. Please continue to fill out pages 2 and 3 of this form so the court has the information it needs to decide if you qualify for the fee waiver.

I. INCOME ( Complete this Section to the best of your ability .)

What do you do for work?____________________________ Who is your employer?_______________________

What is your household's annual income, before taxes? ______________ How many people are in your household? ________ ( The tables below will help you answer these questions, if you are not sure what to put in the blanks .)

If you are unemployed, when were you last employed (Month, Year)? _____________ Your job? _____________________________

Are you married? ☐ Yes ☐ No ☐ Separated ☐ Getting Divorced NOTE : If you are not married, if you and your spouse are separated, or if one of you is filing for dissolution of marriage, you do not need to provide your spouse's income below.

Fill in the chart below with the income received by you, and by your spouse, if applicable. Put a "0" in each blank if you or your spouse don’t receive the income listed.

Income Sources | Amount YOU receive per month before taxes | Amount YOUR SPOUSE receives per month before taxes Employment | $ | $ Retirement/Pension | $ | $ Workers' Compensation | $ | $ Social Security | $ | $ Unemployment | $ | $ Government Benefits | $ | $ Child Support Received | $ | $ A person or agency pays my rent or other monthly expenses and the amount is: _________________________ | $ | $ Other Income—e.g., rental income, stocks, investments, etc.—describe: _________________________ | $ | $ Total here: | $ | $

What is your household size? How many persons, if any, depend on you financially? If none, then write "N/A" below. Attach another page if needed and check here to tell the court you attached another page: ☐

Dependents (Initials Only) | Age | Relationship to You

II. ASSETS ( Complete this Section to the best of your ability .)

What property do you and your spouse own? Include your spouse's property if you are married and not separated and not filing for dissolution. Fill in the chart below, for each item that you could sell for $600 or more . If you don't own an item listed, write "N/A" in the "Value" column for that item. "Value" means the total amount the item or items (if you have more than one in a certain category) would sell for, minus the amount you still owe on the item (if anything) .

Asset | Value Cash (This includes the money in your savings and checking accounts) | $ Vehicle 1: provide year, make and model _______________________________________ | $ Vehicle 2: provide year, make and model _______________________________________ | $ Home where you live now | $ Real estate or other homes/mobile homes (Not including the home you are living in now) | $ Recreational vehicle(s), such as snowmobile, ATV, camper/RV, boat, motorcycle, etc. | $ Guns or other collections | $ Other Item(s) worth more than $600—describe: ______________________________________ | $

III. DEBTS AND EXTRAORDINARY EXPENSES ( Complete this Section to the best of your ability .)

What bills do you and your spouse pay each month? Fill in the chart below.

Monthly Expenses | Value Housing Expense: Mortgage or Rent | $ General Household Expenses: Utilities, Phone/Internet/Cable, etc. | $ Insurance Expenses, Healthcare Costs and/or Medical Debt(s) | $ Childcare Expenses | $ Other Extraordinary Expenses: e.g., Collection actions, Student Loans—describe: ______________________________________ | $

IV. ADDITIONAL INFORMATION ( This Section is optional .)

If you have additional information, including extraordinary expenses, that you want the court to consider about your inability to pay court costs, write that information under your signature below or attach an extra page. Check here if you attached another page: ☐

V. DECLARATION (This Section is Required.)

I declare under penalty of perjury and under the laws of the State of Montana that the information in this document is true and correct. I understand that it is a crime to give false information in this document.

Date: _______________ City: _____________________ State: ____________

YOUR Signature: ___________________________________

Court Use Only

☐ MONTANA ___________ JUDICIAL DISTRICT COURT , ___________ COUNTY

☐ IN THE JUSTICE COURT OF _____________ COUNTY, STATE OF MONTANA

☐ IN THE MUNICIPAL OR CITY COURT OF ______________, MONTANA

Warning! Read carefully the section checked below.

It is a court order.

☐ Waiver of court costs is Granted . Declarant shall proceed without payment of court fees or costs.

☐ Temporary Waiver of court costs is Granted . Declarant may file without payment of court fees or costs, but the Court may determine at a later time that the declarant has the ability to pay all fees or costs and will require declarant to do so.

☐ Temporary Waiver of fees is Granted . Declarant may file without payment of court fees or costs, but must appear before the Court at ________ a.m/p.m. on the _____ day of ________________ and show cause why the declarant lacks the ability to pay all fees or costs.

Warning! If this third box is checked, you must come to court on the date ordered above. If you don′t come, the judge will deny your request to waive court costs, and you will have to pay the court costs.

☐ Waiver of Fees and costs is Denied . Waiver is denied based on the following:

__________________________________________________________________

Ordered this _____ day of ______________________, 20_____.

__________________________________

Presiding Judge

History

Authorizing statute(s): 25-10-404, MCA
Implementing statute(s): 25-10-404, MCA
History: NEW, 1993 MAR p. 2532, Eff. 10/29/93; AMD, 2018 MAR p. 176, Eff. 1/27/18.

Subchapter 23.2.4 Referral of Debt for Recovery and Offset

Mont. Admin. R. 23.2.401 Definitions

(1) "Debt" means a monetary sum owed to the state of Montana.

(2) "Department" means the department of justice.

(3) "Offset" means a deduction from monies due to a person or entity from the state for the purpose of recovering in total or in part a debt owed by the person or entity to the state. An offset is undertaken by the department of administration, or other agency designated by law, under the authority of 17-4-105, MCA. Offset may include but is not limited to an offset of a person or an entity's state tax refund.

(4) "Recovery" means any measure undertaken by the department of administration, or other agency designated by law, under the authority of 17-4-101, MCA et seq., in accordance with that agency's rules and policies as a means of recovering a debt owed by a person or entity to the state of Montana. Recovery may include but is not limited to assignment to a collection agency and litigation.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 17-4-110, MCA
History: NEW, 1999 MAR p. 984, Eff. 5/7/99.

Mont. Admin. R. 23.2.402 Referral for Recovery and Offset

(1) The department under the authority of 17-4-104, MCA, may refer to the department of administration, or other agency designated by law, for recovery and offset of any debt owed to the department.

(2) The department must determine that a debt is uncollectible by the department before the debt may be referred to the department of administration, or other agency designated by law.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 17-4-110, MCA
History: NEW, 1999 MAR p. 984, Eff. 5/7/99.

Mont. Admin. R. 23.2.403 Uncollectible Debt

(1) A debt is uncollectible by the department if the department has determined that:

(a) the debt is owing to the department;

(b) the debtor has either not pursued available administrative due process within the department or has failed to prevail in the available administrative due process within the department or in any appeal from that administrative due process to the state or federal courts;

(d) the department has no administrative means such as recoupment from current payments by which to recover the debt.

(2) The department has made all reasonable efforts to collect a debt when the debt remains owed in whole or in part after:

(a) the department has utilized appropriate notices directed at the debtor's last known address to inform the debtor of the debt owed and the debtor cannot be contacted; or

(b) the department has provided the debtor with an opportunity to enter into a repayment agreement based on a schedule for debt repayment that the department determines is appropriate and the debtor has failed to cooperate or the debtor is failing to repay the debt.

(3) A debtor is failing to repay a debt when the debtor has failed to make a monthly or other payment for which the department has mailed notice of delinquency, including a demand for cure of the delinquency within ten days from the date of mailing.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 17-4-110, MCA
History: NEW, 1999 MAR p. 984, Eff. 5/7/99.

Mont. Admin. R. 23.2.404 Forms

(1) The department shall refer a debt to the department of administration, or other agency designated by law, on the attached form.

BAD DEBT CERTIFICATION & TRANSFER FORM

Agency Name: | (Department Use Only) Document Locator No. | < Instructions: Prepare five copies, keeping the last copy for agency file; send remaining four copies to the Department of Administration, Debt Collection Services, Mitchell Building, Helena, MT 59620. A complete file on bad debt must accompany form. See MOM Chapter 2-1100 for necessary instructions. | Agency Document No. | < No Warrant Trans. Doc. No. | <

Social Security No. | Employer I.D. No. | HISTORY OF COLLECTION ORIGINAL TRANSACTION

AGENCY COLLECTION PROCEDURES Date of First Notice | Check appropriate box: G Demand for payment was sent to debtor's last known address, but debtor cannot be contacted there; G Debtor has been offered an appropriate installment payment schedule, but Debtor has declined to agree to the schedule; or G Although Debtor agreed to an installment schedule, Debtor has not made an installment payment within ten days of the Department's demand letter providing notice of delinquency. Date of Final Notice

CERTIFICATION AND TRANSFER I hereby certify this to be a valid debt of the State of Montana and that every means of collection of the Account Receivable identified herein has been utilized according to agency criteria for uncollectibility. This notice will evidence our intent to transfer this debt to the Department of Administration, Debt Collection Services. Signature of Agency Official Title Date ACCEPTANCE AND WRITE OFF AUTHORITY G Approved We hereby accept this debt. G Not Approved See attached material. Signature of Agency Official Title Date

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 17-4-110, MCA
History: NEW, 1999 MAR p. 984, Eff. 5/7/99.

Chapter 23.3 Motor Vehicle Division

Subchapter 23.3.1 Driver Licensing

Mont. Admin. R. 23.3.101 County Treasurers as Fee Collecting Agents

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 61-5-111(1), MCA
Implementing statute(s): 61-5-111(1), MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 574, Eff. 2/15/80; REP, 2023 MAR p. 766, Eff. 8/5/23.

Mont. Admin. R. 23.3.111 Procedures and Standards for Driver's Examination and Licensing

(1) Examiners shall follow the procedures and standards for the examination and licensing of drivers contained in ARM 23.3.112 through 23.3.126.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 61-5-101 et seq. MCA
History: Eff. 12/31/72.

Mont. Admin. R. 23.3.112 Order of Steps in Examining

An examiner shall conduct the driver's examination in the following order:

(1) Ask preliminary questions and have applicant complete necessary forms.

(2) Give vision test.

(3) Give written (road signs and road rules) test. (Oral for illiterates.) If applicant fails any portion of the inside test, list the station, date, initial, and note portion of test failed on original copy of receipt. Make sure that applicant understands that receipt is not license to drive.

(4) Give driving test. The inside test must be completed satisfactorily before conducting the driving test. If driving test is failed, sign and issue "learner's license."

(5) Return applicant to exam station, fill in photo information form, and take picture.

(6) Validate "temporary license" and issue to applicant.

(7) If any question on the application is not answered, read it slowly to the applicant and record his answer. If he refuses to answer the question, explain that it is impossible for the state to grant a license until all of the questions on his application have been answered.

(8) If the applicant is under 18 years of age, the application is not complete and may not be accepted unless accompanied by one of the two alternative forms of the affidavit of consent provided by the division. The affidavit must be signed by the person and in the manner described in ARM 23.3.115.

(9) If the applicant is a driver education student who is 15 or 16 years of age, be sure he has passed an approved course.

(10) The examiner should be certain that the correct residence address is shown on the application, as we must be able, at any time, to reach all drivers by mail.

(11) If there is any doubt about an address or permanency, get a second address of relative, employer, or associate through whom the applicant may be located.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 61-5-101 et seq. 12/31/72
History: AMD, Eff. 12/5/76; AMD, 1980 MAR p. 2/15/80.

Mont. Admin. R. 23.3.113 Age Standards

The age standards for drivers are:

(1) Operator: Minimum age 16 years except as provided in sections 61-5-105(1) , 61-5-106, and 61-5-111(4) MCA. Applicants under 18 years of age must have signature of parents, husband, or wife over 18 years of age, guardian, or employer except as provided in section 61-5-108 MCA.

(2) Chauffeur, including motor bus driver (common carriers) operating under a permit issued by the railroad and public service commission, school bus driver, taxi-cab driver, and private chauffeur: Minimum age 18 years.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): Sec. 61-5-101 et seq. MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76.

Mont. Admin. R. 23.3.114 Signature of Applicant

(1) The signature of the applicant must be entered on the line indicated (Signature of Applicant) . If an applicant cannot write he may make his mark. This is simply a cross on the application in the place of his signature. His name should be printed or typed near the "mark" for identification and a witness should sign under the applicant's mark, showing who signed the applicant's name.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 61-5-101 et seq. MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76.

Mont. Admin. R. 23.3.115 Consent of Parents or Guardians

(1) The motor vehicle division shall not issue an operator's license to any person under 18 years of age nor shall any road test be administered unless the application is signed and verified in either of the following alternative forms:

(a) Signing party consents to allow the minor to obtain operator's permits until the minor reaches majority unless consent is withdrawn through receipt by the division of written notification of withdrawal of consent. During such period, signing party agrees to joint and several liability with the minor for negligent or willful misconduct of the minor when driving a motor vehicle upon a highway; or

(b) Signing party consents to allow the minor to obtain operator's permit until the minor reaches majority unless consent is withdrawn through receipt by the division of written notification of withdrawal of consent. Signing party asserts that there is presently on deposit with the division proof of financial responsibility of the minor applicant in the form and in amounts required under the Motor Vehicle Safety Responsibility Act and section 61-5-108(3) MCA. Signing party agrees that if for any reason said proof of financial responsibility ceases to be maintained, signing party assumes joint and several liability with the minor for negligent or willful misconduct of the minor when driving a motor vehicle upon a highway.

(2) A minor's application for an operator's permit must be signed by:

(a) Both parents if verification is in the form described in subsection (1) (a) ;

(b) One parent if verification is in the form described in subsection (1) (b) ;

(d) A parent with sole legal custody;

(e) A sole legal guardian; or

(f) An employer or other responsible person if there is no parent or other legal guardian.

(3) If the application is signed by a person other than a parent (under subsections (2) (e) or (f) , the reason for lack of parent's signature must be stated.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 61-5-108 MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1980 MAP p. 575, Eff. 2/15/80.

Mont. Admin. R. 23.3.116 Past Driving Experience

(1) Examiners shall make every effort to obtain complete information on the applicant's past driving experience including experience in other states where the applicant has been licensed.

(2) If the applicant is over 18 years of age and indicates he has not been previously licensed the national driver register (see ARM 23.3.143) must be used.

(3) If an applicant has been under suspension or revocation he should present a letter or card from the motor vehicle division stating that the suspension or revocation period has expired. If the driver has been under revocation or suspension he may be required to file proof of financial responsibility before a temporary license can be issued to him. If in doubt as to whether or not an applicant's period of suspension or revocation has expired, the test may be completed and the result forwarded to the Helena office. A temporary license may not be issued in such cases.

History

Authorizing statute(s): Sec. 41-1-103 MCA
Implementing statute(s): Sec. 61-5-101 et seq. MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76.

Mont. Admin. R. 23.3.117 Standards for Body Disabilities

The following restrictions are recommended for applicants who are unable to pass the driving test without special equipment:

(1) Both hands or feet or one hand and one foot missing

or useless: Pass, restricted to needed special equipment, or,

if in doubt after examination, refer to the motor vehicle

division.

(2) Either hand missing or useless: Pass, restricted to grip knob on steering wheel and mechanical turn indicator, if needed.

(3) Either foot missing or useless: Pass, restricted to artificial foot, pedal extension, manual brake or clutch or automatic clutch.

(4) Joints stiff: Pass, describe fully.

(5) Body or limbs shaky: Pass, describe fully.

(6) Strength inadequate for quick stops: Fail, recommend special equipment.

(7) Stature too small for quick stops: Fail, recommend special equipment.

(8) If any special equipment is on the car used in the road test restrict to such special equipment, if needed.

(9) Deaf, hard of hearing, or wearers of hearing aids: Pass, restrict to left outside mirror.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 61-5-101 et seq. MCA
History: Eff. 12/31/72.

Mont. Admin. R. 23.3.118 Vision Test

(1) The applicant must be tested for acuity, depth perception and color blindness.

(2) The vision test must be given on a Keystone Telebinocular or equivalent.

(3) The applicant may wear eyeglasses or contact lenses for the vision test. An applicant wearing telescopic lenses or similar magnifying devices must be tested using the carrier lenses only. Telescopic lenses or similar magnifying devices may not be utilized to increase acuity readings.

(a) "Best corrected vision" is a measure of visual acuity while using eyeglasses, contact lenses, or carrier lenses, not telescopic lenses or similar magnifying devices.

(b) Nothing herein should be construed to prohibit the use of telescopic lenses or similar magnifying devices during the driving test or normal driving if the applicant is otherwise qualified.

(4) Card 1 is the card that should be used in testing the applicant for acuity, depth perception, and color blindness. If the applicant passes this test, we know that his acuity is at least 20/40. The applicant should be allowed two misses in each group and still be passed on the acuity test. Group One tests with the left eye occluded. Group Two tests with the right eye occluded. Group Three tests with both eyes together.

(5) "Far point" is the equivalent of an actual distance of 20 feet when the card holder is properly set and the applicant is properly situated.

(6) If an applicant fails the eye examination, give him a copy of Report Form DL-63 and ask him to take it to an eye specialist. Do not refer him to any particular eye specialist. The applicant shall return the completed form with the results of the specialist's examination.

(7) If a report from an eye specialist indicates a visual problem resulting from a medical condition, the applicant may be asked to submit a report from a medical doctor concerning the condition.

History

Authorizing statute(s): Sec. 44-1-103, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-110, 61-5-111 MCA
History: Eff. 12/31/72; AMD, 1988 MAR p. 503, Eff. 3/11/88.

Mont. Admin. R. 23.3.119 Vision Standards

(1) If the applicant's uncorrected vision is 20/40 or better in each eye or both eyes together, and no medical problems affect the vision, the applicant may receive a driver's license without corrective lens restrictions.

(2) If the applicant's uncorrected vision is worse than 20/40 in both eyes together and the vision can be improved, the applicant may receive a driver license with corrective lens restrictions.

(3) If the applicant's best corrected vision in both eyes together is worse than 20/40 but 20/70 or better, the applicant may receive a driver license that restricts him to driving during daylight hours only, 55 miles per hour on the interstate and 45 miles per hour otherwise, and/or forbids him from driving during inclement weather. The applicant may also be required to pass the driving portion of the examination at renewal.

(4) If the applicant's best corrected vision in both eyes together is worse than 20/70 but is 20/100 or better, an unrestricted driver license will be denied but the applicant may request that a restricted license be issued.

(a) If a restricted license is requested, a special evaluation will be conducted by the district supervisor or chief examiner to determine whether need for the license exists.

(i) The factors considered when determining whether or not need for a license exists include but are not limited to:

(A) other transportation available, including other drivers;

(B) proximity to services;

(D) family needs;

(E) medical transportation needs.

(b) If need cannot be established the license will be denied.

(c) If need for a driver license is established, additional factors will be considered to determine whether the need can be satisfied safely by issuance of a restricted license. Such factors include but are not limited to:

(i) population and traffic density;

(ii) geographic area;

(iii) type of driving that would be required of the applicant;

(iv) the applicant's past driving experience, if any.

(d) A driving test will be given to the applicant over the routes necessary to satisfy the need. Upon demonstration by the applicant of satisfactory driving ability under the existing conditions, a restricted license may be recommended to the driver improvement committee. Restrictions may include but are not limited to:

(i) time of day;

(ii) type of vehicle;

(iii) area;

(iv) routes;

(v) speed limits;

(vi) weather conditions.

(e) The applicant may also be required to pass the

driving portion of the examination at renewal.

(5) If the applicant's best corrected vision is worse than 20/100, the applicant must be denied a driver license of any type.

(6) If the applicant's vision in one eye is worse than 20/40 and the other eye qualifies, the applicant's license must have a "LEFT OUTSIDE MIRROR" restriction if he or she does not wish to have the poorer eye corrected. If the applicant's best corrected vision in either eye is worse than 20/500 and the other eye qualifies, the applicant's license must have a "LEFT OUTSIDE MIRROR" restriction.

(7) If a report from an eye specialist indicates any special visual problems, such as a problem resulting from a medical condition, the applicant's license may have a restriction requiring submission of reports by an eye specialist on a schedule appropriate to the condition.

(8) If a report from an eye specialist indicates difficulty seeing at night, the applicant's license must be restricted to daylight hours only.

(9) If the applicant is color blind, inform him so he may take precautions whenever he drives where signal lights are located. Do not fail him because of color blindness.

History

Authorizing statute(s): Sec. 44-1-103, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-110, 61-5-111, 61-5-113 MCA
History: Eff. 12/31/72; AMD, Eff 12/5/76; AMD, 1983 MAR p. 853, Eff. 7/15/83; AMD, 1988 MAR p. 503, Eff. 3/11/88.

Mont. Admin. R. 23.3.120 Hearing Standards

If an applicant is deaf, wears a hearing aid, or is hard of hearing, the applicant's license must have a left outside rear-view mirror restriction.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-101 et seq. MCA
History: Eff 12/31/72; AMD, Eff. 12/5/76.

Mont. Admin. R. 23.3.121 Road Signs and Road Rules

(1) n order to be

(a) ascertain the meaning of standard warning and regulatory signs and understand what the driver should do upon approaching them; and

(b) successfully answer questions on highway laws and regulations, either orally or written.

(2) Illiterates must be examined orally by having the examiner state the questions on the Road Rules Test, and by having the applicant identify the signs on the Sign Test.

(3) Applicants who are observed cheating on the examination must immediately be disqualified on that portion of the examination.

(4) The maximum score for each written test is 100%. For each incorrectly marked answer, the following points must be deducted:

(a) Operator Rules: 5 points (minimum passing score 75) ;

(b) Chauffeur Rules: 3.3 points (minimum passing score 76.9) ; and

(d) Combined Operator/Signs Test: 7 or less wrong is passing score.

licensed, an applicant must be able to:

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-101 et seq. MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1983 MAR p. 853, Eff 7/15/83.

Mont. Admin. R. 23.3.122 Road Test Preparation

(1) To make the road test fair to all applicants, and to assure uniformity in grading, the road test must be given over approved routes that must be as standardized as possible. There must be at least one such route at each examining station. In larger places there may be two or more test routes. Routes must involve neither too heavy nor too light traffic at the time the examination is being given. When one route is undesirable, because of construction work, unusual congestion or other conditions, an alternate must be available. The routes should run from three-fourths to one mile in length so that the ordinary driving demonstration may take not less than 8 minutes nor more than 12 minutes. A test must be mapped by the District Sergeant and a copy checked and approved by the Chief Examiner. One copy is given to the examiner. This map lists the location of the station where licenses are issued in each town. All road tests must be given over an official test route.

(2) Prior to the start of the road test, the following items must be checked:

(a) Headlights (bright and dim);

(b) Signal Lights (front);

(d) Brake Lights;

(e) Signal Lights (back);

(f) License Plate Light;

(g) Muffler;

(h) Tires (visually);

(i) Glass Enclosure;

(j) Vehicle license number. (Must be recorded. If no plate or sticker, no test. If foreign plate, one plate, or new ten day vehicle, proceed with test.);

(k) Brakes;

(l) Horn (during test);

(m) Condition of windshield wipers (observe); and

(n) Steering.

If in the examiner's opinion the brakes are unsafe or the brake lights are not working or the vehicle is unsafe, the examiner shall refuse to give the test.

History

Authorizing statute(s): Sec. 44-1-103
Implementing statute(s): 61-5-101 et seq. MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76.

Mont. Admin. R. 23.3.123 Road Test

(1) An applicant may not under any circumstances take the test in a car assigned to an examiner.

(2) Unless an exception is appropriate, only the examiner and the applicant may be in the car during the test. Examples of situations where an exception is appropriate include cases in which the applicant is foreign-speaking and a translator is necessary and cases in which religious customs require that somebody accompany the applicant.

(3) Give examinations regardless of weather, if the applicant consents. If the applicant requests a postponement, permit it, holding the test as incomplete.

(4) If the applicant has a minor accident and does not appear upset, direct him to drive back to the starting point. If the applicant appears to be the least upset or major damage has occurred, direct him to make arrangements for someone to drive for him, or to have his car towed away for repair.

(5) If an accident involves another car or pedestrian, or if the damage amounts to more than $25 to the applicant's car, have him complete and submit to you an accident report, listing you as a witness.

(6) If an applicant violates a law on a road test, such as running through a stop light, fail him but do not cite him. Because a purpose of the road test is to determine whether the applicant knows the laws, he is presumed not to have violated the law purposely.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-101 et seq. MCA
History: Eff. 12/31/72.

Mont. Admin. R. 23.3.124 Road Test Description and Scoring

(1) For purposes of this rule:

(a) "ACC" means accident;

(b) "DA" means dangerous action;

(d) "NC" means lack of cooperation;

(e) "TD" means more than permitted deductions;

(f) "VC" means vehicle condition; and

(g) "INC" means incomplete.

(2) The basic test is patterned on a figure eight. Subsections (3) through (20) contain the requirements and scoring for the test.

(3) Starting from curb, parallel parking. Incorrect method scoring:

(a) Does not look, does not signal........................................................................DA

(b) Uses mirror, does not signal ...........................................................................6 points

(d) Does not look, signals .....................................................................................6 points

(e) Uses mirror, signals .........................................................................................3 points

(f) In any case above, when street is not

clear...............................................................................................................................DA

(4) Starting from curb, angle parking. Incorrect method scoring:

(a) Does not look, backs quickly or unevenly.......................................................DA

(b) Uses mirror, backs quickly or unevenly...........................................................6 points

(d) In any case above when street is not

clear ..............................................................................................................................DA

(5) Right Turn. Incorrect method, scoring:

(a) Completes turn beyond center line of street entered:

(i) Four lanes marked........................................................................................DA

(ii) Two lanes not marked .................................................................................6 points

(b) Completes turn just to right of center street

entered:

(i) Four lanes marked........................................................................................6 points

(ii) Two lanes not marked . ...............................................................................3 points

street left.

(i) Four lanes marked .......................................................................................6 points

(ii) Two lanes not marked .................................................................................3 points

(d) Right turning signals.

(i) Wrong signal .................................................................................................6 points

(ii) No signal or less than 25 feet .....................................................................6 points

(iii) Signals, 75 feet or less ...............................................................................3 points

(iv) Arm signal during turn .................................................................................3 points

(e) Right turning speed.

(i) Has to stop abruptly, causing tires to skid

and squeal......................................................................................................................DA

(ii) If not a proper speed for turn, reduces speed

by five miles per hour or less . ...............................................................................6 points

(iii) Reduces speed by ten miles per hour or

less ................................................................................................................................3 points

(6) Left Turn. Incorrect method scoring:

(a) Completes turn left of center line of

street entered.

(i) Four lanes marked .......................................................................DA

(ii) Two lanes not marked ........................................................8 points

(b) Completes turn to far left of street entered:

(i) Four lanes marked ..................................................................8 points

(ii) Two lanes not marked .................................................................................4 points

(i) Four lanes marked .......................................................................................8 points

(ii) Two lanes not marked .................................................................................4 points

(d) Left turning signals.

(i) Wrong signal .................................................................................................8 points

(ii) No signal or less than 25 feet ................................................................8 points

(iii) Signals, 75 feet or less ................................................................................4 points

(iv) Arm signals during turn ...............................................................................4 points

(e) Left turning speed:

(i) Has to stop abruptly, causing tires to

skid and squeal ...................................................................................................DA

(ii) If not a proper speed for turn, reduce

speed by five miles per hour or less......................................................................8 points

(iii) Reduce speed by ten miles per hours

or less.................................................................................................................4 points

(7) Judgment at intersections. Incorrect method scoring:

(a) Does not look or reduce speed, conflicting

traffic present .........................................................................................................DA

(b) Does not look or reduce speed..........................................................................8 points

(d) Looks carefully, does not reduce speed,

conflicting traffic present ..........................................................................................8 points

(e) Looks carefully, does not reduce speed ..............................................................4 points

(f) Looks carefully, reduces speed, does not

yield right of way .....................................................................................................4 points

(g) Stops for traffic when not necessary ....................................................................4 points

(h) Stops and waits for traffic an unreasonable

time..........................................................................................................................4 points

(8) Lane change. Incorrect method scoring:

(a) Does not look, does not signal, conflicting

traffic present ...........................................................................................................DA

(b) Does not look, does not signal, street

clear ........................................................................................................................6 points

(d) Looks, does not signal, street clear......................................................................3 points

(9) Stop sign or stop light. Incorrect method

scoring:

(a) Does not stop for stop light or sign.......................................................................LV

(b) Creeping through sign or light...............................................................................8 points

(c) Less than walking speed.......................................................................................4 points

(d) Stops in intersection at stop light or

sign...........................................................................................................................8 points

(e) Stops ahead of stop sign or in crosswalk...............................................................4 points

(10) Parallel parking. Incorrect method scoring:

(a) Backs over curb with one or more wheels.............................................................DA

(b) Makes contact with other vehicle or object,

other than bumper contact, no damage.......................................................................DA

causes damage . .......................................................................................................ACC

(d) Is unable to park within a reasonable time,

two minutes...............................................................................................................8 points

(e) Strikes other vehicle or object with

bumper (sharply) no damage......................................................................................8 points

(f) Leaves vehicle more than twelve inches

in excess of legal limit from curb.................................................................................8 points

(g) Leaves vehicle less than twelve inches

in excess of legal limit from curb.................................................................................4 points

(h) Backs without looking..........................................................................................4 points

(i) Bumps curb (not just touch) ..................................................................................4 points

(j) Unnecessary jockeying to center vehicle.................................................................4 points

(k) Crowds other parked vehicles...............................................................................4 points

(l) Makes right turn signal when stopping to

park (grade under slow signal) ...................................................................................4 points

(11) Slow signal, incorrect method, scoring:

(a) Does not signal......................................................................................................8 points

(b) Wrong signal.........................................................................................................8 points

(12) Judgment of distance, incorrect method scoring:

(a) Strikes another vehicle or object with other

than bumper, no damage.............................................................................................DA

(b) Strikes another vehicle or object, causes

damage.......................................................................................................................ACC

creating hazard............................................................................................................6 points

(d) Comes close to another vehicle or object,

no hazard....................................................................................................................3 points

(13) Stalls motor, scoring (only if not a

mechanical defect ) :

(a) Stalls in intersection................................................................................................8 points

(b) Other stalls............................................................................................................4 points

(14) Use of clutch. Incorrect method scoring:

(a) "Floor boards" accelerator whenstarting

or shifting....................................................................................................................4 points

(b) Jumps clutch and stalls motor ......................................................................4 points

(d) Slips or rides clutch unnecessarily ...................................................2 points

(e) Grinds gears when shifting or starting ..............................................2 points

(f) Does not use compression to slow ..................................................2 points

(15) Attention to driving. Incorrect method scoring:

(a) Takes eyes off the road .........................................................................................2 points

(b) Considerable irrelevant conversation ...........................................................2 points

(16) Shifting ability. Incorrect method scoring:

(a) Does not shift when necessary .....................................................................4 points

(b) Shifts while turning .................................................................................................4 points

(d) Coasts ...................................................................................................................4 points

(e) Shifts too soon or too late (speeds) .........................................................................2 points

(f) Jerky shifts ..............................................................................................................2 points

(17) Following or overtaking. Incorrect method scoring:

(a) Crowds other vehicles, less than one-half car's

length for each 10 miles per hour ........................................................................8 points

(b) Crowds other vehicles, more than one-half car's

length for each 10 miles per hour ........................................................................4 points

(18) Right of way. Incorrect method. Scoring:

(a) Does not yield right of way when required, makes

pedestrian or vehicle stop or use defensive action...........................................................LV

(b) Does not yield right of way when making a left

(d) Yields but interferes with other traffic........................................................................4 points

(e) Right of way not taken when rightfully yielded by

other•............................................................................................................................4 points

(f) Uses horn in attempt to gain right of way....................................................................4 points

(19) Scoring the road test. Each item must be graded

separately and compounded. In other words, each turn, stop,

intersection, etc. is a separate part of the test and should be so graded. If an applicant makes an improper maneuver more than once, he must be graded for each error. For example, if an applicant creeps through a stop sign constituting a four point deduction and at the next stop sign repeats the error, the examiner would deduct another four points.

(20) Causes for disqualifications. If any of the following conditions are met the driver is disqualified. The road test must be discontinued. If a return to the starting point of the test might be hazardous, the vehicle must be left in a safe place, pending arrangements for its removal.

(a) Accident, however slight: Any contact with another car except slight bumper to bumper, any contact with a pedestrian except from the pedestrian's intention, or any contact with a fixed object except a slight bumper.

(b) Dangerous action: Any action that would cause a driver or a pedestrian to take defensive action, stalls car in middle of busy intersection, or drives one or more wheels over curb or onto sidewalk.

(d) Lack of cooperation or refusal to perform: Offers bribe or gratuity, refuses to try to do any maneuver or states "I cannot do that," accuses examiner of discriminating against him.

(e) Various or repeated minor mistakes: Causes the deduction of more than the permitted number of points on the road test score.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): Sec. 61-5-101 et seq. , MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76.

Mont. Admin. R. 23.3.125 Incomplete Examination

(1) An examination may be incomplete with the applicant neither passing nor failing. He may not pass until he has successfully completed each part of the examination separately. The examination is incomplete, therefore, when it is discontinued for some reason other than the applicant's lack of ability. For example, when a vehicle has a puncture or otherwise malfunctions during the driving test for reasons not attributable to the driver, the test is discontinued but the driver is not disqualified.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): Sec. 61-5-101 et seq. , MCA
History: Eff. 12/31/72; AMD, 1983 MAR p. 853, Eff. 7/15/83.

Mont. Admin. R. 23.3.126 Time Limit on Second and Subsequent Examinations

(1) A written examination may not be given to an applicant more than once in each day. A road test may not be given more than once in every seven days.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): Sec. 61-5-101 et seq. , MCA
History: Eff. 12/31/72.

Mont. Admin. R. 23.3.127 Full Legal Name, Name Combination and Length

(1) Except as provided in (3) , an applicant's full legal name is required on a driver's license application, including a renewal application, and on the license itself.

(2) For driver licensing and identification card purposes, an applicant's full legal name is deemed to be the individual's name as shown on the primary document presented by the applicant under ARM 23.3.131 unless:

(a) the applicant submits one or more documents as specified in ARM 23.3.128 that verify a name change;

(b) the applicant wants to replace a middle name with the applicant's last name prior to marriage; or

(3) The space provided for recording a name on a driver's license or identification card may not exceed 31 characters, including up to three field delimiters.

(a) If the name exceeds 31 characters on an original or renewal application, the name will be truncated by the department in a manner that will permit proper printing on the license or card.

(i) If the name of an applicant must be shortened, each middle name will be truncated through the second letter of the middle name. Each middle initial must be recorded.

(ii) If, after truncating the middle name(s) , the name still exceeds 31 characters, the first name will be truncated through the second letter of the first name. The first initial of the first name must be recorded.

(b) If an individual has only one name, that name must be recorded as the individual's last name.

(d) Multiple middle names must be recorded without a space separation and, if necessary, truncated according to (3) (a) (i) .

(e) No titles of address, such as "Ms" or "Dr", may be recorded unless such title actually appears on the primary document presented by the applicant.

(f) If an individual has more than one middle name or more than one last name, the last name must be recorded in combination separated by a hyphen only if that is how it is recorded on the presenting primary document.

(4) A license renewal applicant will not be required to present a primary document to verify the applicant's full legal name unless the driver record maintained by the department for the applicant needs to be updated because the applicant's name changed after the prior license was issued.

History

Authorizing statute(s): Sec. 61-5-125, MCA
Implementing statute(s): Sec. 61-5-107, 61-5-111, MCA
History: NEW, 2000 MAR p. 2524, Eff. 9/22/00; AMD, 2002 MAR p. 1316, Eff. 4/26/02.

Mont. Admin. R. 23.3.128 Change of Name on Driver Record

(1) When the holder of a Montana driver's license wants to change the full legal name on the department's driver record, the holder must make application for a name change and verify the legal change of full legal name by presenting one of the following documents:

(a) a certified copy of the applicant's marriage certificate from the issuing government jurisdiction;

(b) a certified copy of a decree or judgment granting a name change from a court of competent jurisdiction;

(c) a certified copy of a divorce decree or dissolution of marriage granted the applicant that specifies the change of name required; or

(d) a certified copy of a US department of justice, immigration and naturalization service, certificate of naturalization (forms N-550, N-570) issued to the applicant.

(2) An applicant may use the applicant's last name prior to marriage on the driver's license in place of the applicant's middle name. A certified copy of the applicant's certificate of birth from a US or Canadian jurisdiction as specified in ARM 23.3.131 is acceptable as proof of that name.

(3) Upon payment of the proper fees, an applicant may also apply for a duplicate driver's license in the legally changed name.

History

Authorizing statute(s): Sec. 61-5-125, MCA
Implementing statute(s): Sec. 61-5-111, 61-5-115, MCA
History: NEW, 2000 MAR p. 2524, Eff. 9/22/00.

Mont. Admin. R. 23.3.129 Collection and Verification of Social Security Number on Driver's License Applications; Processing of an Applicant Who Does Not Have a Social Security Number

(1) An applicant who has been issued a social security number will be required to provide it to the department upon application for an original driver's license, upon renewal of a driver's license, or upon application for an identification card if the applicant has not supplied, and the department has not verified, the number in a prior application process.

(2) The social security number supplied by the applicant will be electronically submitted by the department to the Social Security Administration for verification. If the social security number supplied by the applicant to the department is not verified by the Social Security Administration, the applicant must contact the Social Security Administration and correct the problem prior to completion of the application process.

(3) If an applicant has not been issued a social security number, the applicant must sign a statement, under penalty of law, attesting that the applicant does not have a social security number before the application process may be completed.

(4) The application process will be terminated and a license or identification card will be denied for incomplete information if an applicant:

(a) refuses to provide a social security number and sign a statement that the applicant has not been issued a social security number; or

(b) provides a social security number that cannot be verified.

(5) An applicant's social security number may not be used as the applicant's driver's license or identification card number or be included as part of the applicant's driver's license or identification card number.

(6) This rule takes effect October 1, 2000.

History

Authorizing statute(s): 61-5-125, 61-12-502, MCA
Implementing statute(s): 61-5-107, 61-5-111, MCA
History: NEW, 2000 MAR p. 2524, Eff. 10/1/00; AMD, 2013 MAR p. 1522, Eff. 8/23/13.

Mont. Admin. R. 23.3.130 Evidence of Montana Residence Address

(1) Upon original application for a driver's license, an applicant must present evidence of the applicant's Montana residence address. A Montana residence or street address must be provided; if the applicant does not receive mail at the residence or street address, a Montana post office box or mailing address also must be provided.

(2) The department will accept the following documents as evidence of a Montana residence address, provided the document shows the applicant's name and Montana residence address as it appears on the driver's license application:

(a) any primary or secondary document as listed in ARM 23.3.131;

(b) a US or Montana income tax return for the previous year;

(d) a receipt for personal or real property taxes paid within the last year to the state of Montana or a Montana county;

(e) a current automobile or life insurance policy or statement;

(f) a certified copy of school records issued by the school the applicant is currently attending or attended within four months of the application;

(g) a written statement from the applicant's parent, guardian, or adult child that the applicant resides at the same address as the parent, guardian, or adult child, along with a copy of a document permitted under this rule that evidences the Montana residence address of the applicant's parent, guardian, or adult child;

(h) the original copy of a rental agreement or rent payment receipt signed by the landlord or rental agent that includes the applicant's name and residence address;

(i) home mortgage or equity loan papers showing the applicant's name and residence address; a rural address will be accepted when there is no other physical address;

(j) any of the following, dated or issued not more than four months prior to application:

(i) a payroll check or payroll check stub;

(ii) a bank statement;

(iii) a utility bill or utility hook-up order;

(iv) canceled mail addressed to the applicant; or

(k) if the applicant is homeless, a descriptive address of the location where the applicant primarily resides, e.g., "under the west end of the east street bridge." The applicant must also provide a separate mailing address and present a written statement from a social service agency on the agency's letterhead verifying the applicant's homeless status and the descriptive address given by the applicant.

History

Authorizing statute(s): Sec. 61-5-125, MCA
Implementing statute(s): Sec. 61-5-103, 61-5-107, 61-5-111, MCA
History: NEW, 2000 MAR p. 2524, Eff. 9/22/00; AMD, 2002 MAR p. 1316, Eff. 4/26/02.

Mont. Admin. R. 23.3.131 Documenting Proof of Name, Identity, and Date of Birth for Original Driver's License Applications

(1) Upon original application for a driver's license or identification card, the applicant must provide proof of identity, including full legal name and date of birth, by presenting one primary document and one or more secondary documents from the lists specified in (2) and (3). An applicant who has a social security number must provide this number and it must verify with the Social Security Administration.

(2) The primary document submitted must show the applicant's name and date of birth and must be verifiable by the governmental authority that issued the document. The following may be presented as a primary document:

(a) a driver's license or identification card, with color photograph or digitized image of the applicant and not expired for more than four years, issued by a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico or a province or territory of Canada;

(b) a certified copy of a birth certificate issued by a government bureau of vital statistics or board of health of a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico or a province or territory of Canada, or a report of a birth abroad of a U.S. citizen issued by the U.S. Department of State or a U.S. embassy;

(c) an unexpired military identification card issued by the U.S. Department of Defense that documents the applicant's active duty, reserve or retired personnel status or status as a dependent of active duty personnel and that contains a color photograph or digitized image of the applicant and the applicant's date of birth;

(d) a valid, unexpired passport issued to the applicant by the U.S. Department of State or by the Canadian government;

(e) a valid, unexpired passport issued to the applicant by a jurisdiction other than the United States or the Canadian government with either:

(i) a U.S. Department of Justice, Immigration and Naturalization Service (INS) record of arrival and departure (form I-94) attached, bearing the same name as that on the passport and containing an unexpired endorsement of the alien's nonimmigrant status; or

(ii) an unexpired resident alien I-551 stamp.

(f) one of the following valid unexpired documents issued by the U.S. Department of Justice, Immigration and Naturalization Service:

(i) certificate of naturalization (form N-550, N-570, or N-578);

(ii) certificate of citizenship (form N-560, N-561, or N-645);

(iii) Northern Mariana card (form I-551) bearing the imprint "Northern Mariana," not "resident alien";

(iv) American Indian card (form I-551) bearing the imprint "American Indian," not "resident alien";

(v) United States citizen identification card (form I-179 or I-197) ;

(vi) resident alien card (form I-551) ;

(vii) temporary resident identification card (form I-688) ;

(viii) US reentry permit (form I-327) ;

(ix) refugee travel document (form I-571) ;

(x) employment authorization card (form I-688A, I-688B, or I-766) ; or

(xi) record of arrival and departure, stamped "refugee" (form I-94 without a valid passport but stamped "refugee" with a photo affixed) .

(g) a US or Canadian-issued instruction or learner's driving permit, or a receipt for driver's license or permit, if it is current and contains a photo of the applicant and the applicant's date of birth;

(h) a prison inmate identification card issued to the applicant by the Montana department of corrections that contains a photograph or digitized image of the applicant and the applicant's date of birth and adult offender number;

(i) a digital identification card issued to the applicant by a federally recognized Indian tribe whose reservation is located in Montana that contains a digitized image of the applicant and the applicant's date of birth and tribal enrollment number; or

(j) an emergency identification photograph issued and certified by the driver licensing authority of a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico or a province or territory of Canada that includes the applicant's name and date of birth.

(3) In addition to presenting a primary document, the applicant must also present one or more secondary documents to confirm the applicant's identity. The name on the secondary document presented by the applicant must match or be consistent with the name on the primary document presented by the applicant. The applicant may select a secondary document from the following list:

(a) a second primary document as listed in (2) above;

(b) a driver's license or identification card that has expired for more than one year but not more than five years, or that is current but without a photograph;

(c) a certified copy of a court order or judgment from a US or Canadian court of competent jurisdiction containing the applicant's full legal name and date of birth;

(d) any INS document listed in (2) (f) , not expired more than one year;

(e) a current employee photo identification card from a US or Canadian-based employer;

(f) a certified copy of a birth certificate issued by a jurisdiction other than by a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico or a province or territory of Canada;

(g) certification of release of discharge issued by the U.S. Department of Defense;

(h) a certified copy of a marriage certificate or license issued by a government jurisdiction;

(i) a medicare, medicaid or health insurance card with the applicant's name and the applicant's individual medicare, medicaid, or health insurance identification number;

(j) an unexpired permit to carry a firearm or concealed weapon issued by a chief of police in an organized, full-time police department or the county sheriff in a local jurisdiction within the U.S., bearing a color photo of the applicant;

(k) a current pilot's license issued by the U.S. Department of Transportation, Federal Aviation Administration;

(l) a copy of records or a transcript containing the applicant's full name and date of birth certified by the issuing elementary, secondary, or post-secondary school;

(m) a certificate of completion of a traffic or driver's education course approved by the department and the Superintendent of Public Instruction containing the applicant's name and date of birth;

(n) a U.S. nonmetal social security card or a Canadian social insurance card;

(o) a current school photo identification card with the student's name and student identification number; or

(p) a certified copy or a facsimile or photocopy of a certified copy of the birth certificate of the applicant's child, if the certificate lists the applicant's name and date of birth as parent.

(4) In rare, extremely extenuating circumstances where an applicant cannot produce a primary document because the original records have been destroyed or were never created and a duplicate record cannot be obtained from the government agency customarily required to maintain such records, an applicant may ask the chief of the field operations bureau to accept and approve alternate documentation of the applicant's identity, name and date of birth.

(5) The request must be in writing and the applicant's signature must be notarized. The request must describe, in detail, why the appropriate documents cannot be obtained and presented and why alternate documentation should be approved. Copies of the alternate documentation must be attached to the request. The completed request must be submitted to department headquarters. Upon receipt of a request, the chief of the field operation bureau must review the request, conduct an independent investigation of the circumstances underlying the request and the necessity for alternate documentation, and within 30 working days, issue to the applicant a written determination, approving or rejecting the request, including the chief's rationale for the determination.

History

Authorizing statute(s): 61-5-125, 61-12-502, MCA
Implementing statute(s): 61-5-105, 61-5-107, 61-5-111, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1982 MAR p. 154, Eff. 3/26/82; AMD, 1983 MAR p. 855, Eff. 7/15/83; AMD, 2000 MAR p. 2524, Eff. 9/22/00; AMD, 2002 MAR p. 1316, Eff. 4/26/02; AMD, 2013 MAR p. 1522, Eff. 8/23/13.

Mont. Admin. R. 23.3.132 Underage Application and License

(1) An application by an underage applicant for a driver's license must be referred to the field for a thorough investigation to determine the necessity for issuing the license.

(2) Approval of a request for a restricted license by an underage applicant may be recommended only in cases of dire necessity.

(3) The issuance of a restricted license to an underage applicant is considered necessary if:

(a) family economic pressures are such that the applicant's income is necessary to maintain the family unit (inconvenience or a desire to avoid hiring extra help is insufficient) ;

(b) the applicant lacks school bus transportation; or

(c) the applicant must provide transportation to a chronically ill or disabled parent and no other transportation is available.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): Sec. 61-5-105, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76.

Mont. Admin. R. 23.3.133 Who Must Be Licensed as a Chauffeur

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): Sec. 61-1-312, MCA
History: Eff. 12/31/72; REP, 1988 MAR p. 62, Eff. 1/15/88.

Mont. Admin. R. 23.3.134 Restrictions of Handicapped Drivers

(1) The examiner may restrict the driver's license of a handicapped person to suit the handicap.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): Sec. 61-5-113, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 23.3.135 Grace Period for Renewals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-1-103, MCA
Implementing statute(s): 61-5-113, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76; REP, 2023 MAR p. 766, Eff. 8/5/23.

Mont. Admin. R. 23.3.136 Time Period for Renewals and Examinations

(1) The purchase of the driver license receipt allows the new applicant six months in which to successfully pass the driver examination and be licensed. If this is not accomplished within the six-month period, the new applicant must purchase a new receipt to receive further consideration toward being issued a Montana driver license.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): Sec. 61-5-111, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76.

Mont. Admin. R. 23.3.137 Renewals, to Take Test If Expired

(1) Persons renewing may do so without examination if such renewal is accomplished within three months of the expiration of their license. Persons whose three-month grace period expires on a holiday, Saturday, or Sunday shall be allowed the next official work day to renew their license.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): Sec. 61-5-111, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 23.3.138 Application for Minors

(1) The signature of the parents or guardian on the original application of a minor for a driver's license makes such "signer" jointly and severally liable with such minor for any damages caused by negligence or wilful conduct. The original application of the minor must be signed by the parents or guardian.

(2) If a minor deposits or there is deposited upon his behalf proof of financial responsibility in respect to the operation of a motor vehicle owned by him or if not the owner of a motor vehicle, then with respect to the operation of any motor vehicle in form and in amounts as required under the motor vehicle financial responsibility laws of this state, the minor's application may be accepted when signed by one parent or guardian. While such proof of financial responsibility is maintained such parent or guardian shall not be subject to the liability imposed.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): Sec. 61-5-108, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 23.3.139 Temporary Licenses

(1) The original driver license receipt purchased by a Montana driver applicant is validated for use by an official "temporary license" seal embossed in the receipt by the driver examiner. Such temporary license may be used, while the actual driver license is being processed through the motor vehicle division headquarters.

History

Authorizing statute(s): 44-1-103, MCA
Implementing statute(s): 61-5-106, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 23.3.140 Mail and Online Renewals

(1) A person may apply by mail or online for the renewal of the license on a form prescribed by the department.

(2) Mail and online renewal applications must be submitted within the grace period prescribed in 61-5-111, MCA, and must be accompanied by the appropriate license fees.

(3) A commercial driver's license that does not include a hazardous endorsement may also be renewed by mail or online. In addition to completing the requirements of (2), the applicant must also have a current medical examiner's certificate on file with the department.

History

Authorizing statute(s): 61-14-201, MCA
Implementing statute(s): 61-5-111, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 2000 MAR p. 2524, Eff. 9/22/00; AMD, 2023 MAR p. 766, Eff. 8/5/23.

Mont. Admin. R. 23.3.141 Military Persons

(1) Any person who has a valid Montana driver's license at the time of entering active duty with the armed forces may apply for a military renewal. The military renewal will be valid so long as the person is assigned to active duty not to exceed 30 days following the date of release from active duty, unless the license is suspended, revoked, or cancelled prior to the person's release. Active duty means duty while assigned to any of the armed forces of the United States except temporary active duty in the national guard or in any reserve unit for less than 6 months. Active duty does not include full time active duty with the national guard unless the national guard has been called to federal service.

(2) If the person on active duty does not apply for a military renewal, his/her current driver's license will be valid after the date of expiration for not to exceed 30 days following the date of release from active duty only when it is in the person's immediate possession and accompanied by his/her discharge, separation, leave or furlough papers showing the date of entry into the service.

(3) The military renewal is not issued or available to any person who applies for and receives a Montana driver license following the date of assignment to active duty. The military renewal does not extend to the spouse or dependents of the person on active duty.

History

Authorizing statute(s): 44-1-203, MCA
Implementing statute(s): 61-5-104, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1983 MAR p. 855, Eff. 7/15/83.

Mont. Admin. R. 23.3.142 Dishonored Checks

(1) If a check drawn and remitted in payment of the driver's license fee is dishonored:

(a) the applicant is not entitled to the issuance of a driver's license, and

(b) the division shall cancel any license issued as a result of the dishonored check.

(2) If a check drawn and remitted in payment of the driver rehabilitation program fee is dishonored:

(a) the person's probationary license shall be cancelled, and

(b) the suspension or revocation, whichever the case may be, shall be reinstated.

History

Authorizing statute(s): 44-1-103, MCA
Implementing statute(s): 61-5-111, 61-5-201, MCA
History: NEW, 1980 MAR p. 578, Eff. 2/12/80; AMD, 1983 MAR p. 855, Eff. 7/15/83.

Mont. Admin. R. 23.3.143 National Driver Registration

(1) The motor vehicle division shall participate in the national driver register program.

History

Authorizing statute(s): 61-5-401, MCA
Implementing statute(s): 61-5-401, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 23.3.144 Examination Stations

(1) Subject to physical limitations of individual examination stations, applicants taking the test are to be segregated from those not doing so.

History

Authorizing statute(s): 44-1-103, MCA
Implementing statute(s): 61-5-101 et seq. , MCA
History: Eff. 12/31/72.

Mont. Admin. R. 23.3.145 Examiner's Duties

Duties of a driver examiner include but are not limited to the following:

(1) Be at the examination station punctually and keep the station open during the scheduled hours.

(2) Receive applications for driver's licenses and renewals. Provide applicants with the necessary forms.

(3) Examine applicants and reexamine drivers, by oral, written, and performance tests, for knowledge of the laws and rules of safe driving, for visual or physical defects, and for skill in handling a vehicle to determine whether they meet the requirements established by the motor vehicle division.

(4) Take photographs of all successful applicants.

(5) Give accurate information when requested regarding the motor vehicle laws and the regulations concerning licensing of operators and chauffeurs.

(6) Investigate the habits and general qualifications of accident and violation repeaters when instructed to do so.

(7) Check renewal applicants for vision and physical condition to determine whether they meet the requirements established by the motor vehicle division.

(8) Conduct hearings, investigations, counseling sessions, interviews, and training sessions on driver improvement matters as required.

(9) Examine applicants for motorcycle endorsement, by oral, written, and performance tests, for knowledge of the laws and rules of safe driving, for visual or other physical defects, and for skill in handling a motorcycle to determine whether they meet the requirements established by the motor vehicle division.

(10) Prepare and deliver safety talks before various groups (such as schools, assemblies and service clubs) and operate projection equipment when directed to do so.

(11) Serve notices of suspension and revocation and pick up suspended or void certificates when directed to do so.

(12) Appear in hearings to testify regarding examinations or investigations.

(13) Inspect driver licenses for alterations.

History

Authorizing statute(s): 44-1-103, MCA
Implementing statute(s): 61-5-101 et seq. , MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 1983 MAR p. 350, Eff. 4/29/83.

Mont. Admin. R. 23.3.146 Drivers of Government Vehicles

(1) The Uniform Vehicle Code exempts drivers of government vehicles from the requirement of obtaining state driver licenses for the purpose of operating government vehicles. However, this shall not apply to a government employee operating a vehicle not owned or leased by the United States government.

History

Authorizing statute(s): 44-1-103, MCA
Implementing statute(s): 61-5-104, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 23.3.147 Identification Cards

(1) A person who is a Montana resident and who is not the holder of a valid Montana driver's license may apply for an identification card.

(2) A person who is the holder of a valid driver's license or identification card from a jurisdiction other than Montana may apply for a Montana identification card upon surrender of their identification card or driver's license from that jurisdiction.

(3) A first-time applicant for an identification card must appear in person at a Montana driver's examination station, submit a completed application, on a form prescribed by the department, and provide proof of his or her identity and date of birth in accordance with ARM 23.3.131 and proof of Montana residence in accordance with ARM 23.3.130. If the applicant has separate mailing and residence addresses, both addresses must be included on the application. Identification cards may be renewed online without the need to appear in person at a Montana driver's examination station.

(4) Except as provided in (a) and (b), the fee for an identification card is defined in 61-12-504, MCA.

(a) An identification card applicant who presents a discharge certificate or parole order from a Montana state correctional facility showing release within a 60-day period immediately prior to application is entitled to one free identification card upon initial release.

(b) An identification card applicant who is certified by the Department of Public Health and Human Services as a person with a disability in accordance with the Montana Persons with Disabilities Employment Preference Act, is entitled to a free identification card upon completion of an otherwise proper application.

(5) A replacement identification card may be issued to a customer if the card is lost or stolen or to reflect changes to the personal information on the card.

(6) A person may only possess one driver's license or identification card at a time.

(7) Identification cards must be canceled upon evidence that the cardholder submitted incomplete or false information to the department on the identification card application or was convicted of an offense under 61-5-302, MCA.

History

Authorizing statute(s): 61-14-201, MCA
Implementing statute(s): 61-12-501, 61-12-502, 61-12-504, 61-14-201, MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76; AMD, 2000 MAR p. 2524, Eff. 9/22/00; AMD, 2002 MAR p. 1316, Eff. 4/26/02; AMD, 2013 MAR p. 1522, Eff. 8/23/13; AMD, 2023 MAR p. 766, Eff. 8/5/23.

Mont. Admin. R. 23.3.148 Release of Driving Records for Consumer Reports and Sincle Use Restriction

(1) A record of an individual driver held by the Motor Vehicle Division may be released for the purpose of consumer report in compliance with 31-3-111, MCA.

(2) When an authorized requestor pays a statutorily specified fee to receive any record or abstract created or retained by the department in accordance with 61-11-102, MCA, the authorized requestor may only use the record or abstract received for a single purpose, which may include disclosure of that record or abstract to one person or business entity. The same record or abstract may not be used for a different purpose or supplied or disclosed to a different person or business entity unless a separate request for the record or abstract has been made by the authorized requestor and the statutorily specified fee for that request has been paid.

History

Authorizing statute(s): 44-1-103, 61-11-516, MCA
Implementing statute(s): 44-1-103, 66-11-102, 66-11-516, MCA
History: NEW, Eff. 10/5/75; AMD, 1983 MAR p. 350, Eff. 4/29/83; AMD, 2010 MAR p. 2213, Eff. 9/24/10.

Mont. Admin. R. 23.3.149 Duplicate Licenses

(1) In the event that a person's driver's license, commercial driver's license, instruction permit or traffic education learner license is lost or destroyed or the personal information on the license or permit is no longer accurate, the person must submit a written application for a duplicate license or permit, present proof of the person's identity in accordance with (2) , and pay the fee specified in 61-5-114, MCA.

(2) At the time of application, the identity of the applicant must be verified as follows:

(a) except as provided in (2) (b) , an applicant appearing in person at a driver's license exam station must present one primary document and one secondary document as listed in ARM 23.3.131 to confirm the applicant's name and date of birth;

(b) if the most recent digital image of the applicant as maintained in department records is readily accessible on-line at the driver's license exam station and department personnel at the exam station, by visual observation, ascertain that the physical features and characteristics of the applicant appearing in person at the exam station match, or are reasonably comparable to, the image and descriptions contained in the department record, the applicant must present one secondary document as listed in ARM 23.3.131 to confirm the applicant's name; or

(c) if a duplicate license application is submitted by mail or telefax, the applicant must include a passport-style photograph of the applicant and a facsimile or photocopy of one primary document and one secondary document as listed in ARM 23.3.131 with the application.

(3) A duplicate license application may be rejected if the applicant's identity and date of birth cannot be determined, proper documentation is not presented or submitted or the required fee is not paid.

History

Authorizing statute(s): Sec. 61-5-114, MCA
Implementing statute(s): Sec. 61-5-114, MCA
History: NEW, 1983 MAR p. 350, Eff. 4/29/83; AMD, 2002 MAR p. 1896, Eff. 4/26/02.

Mont. Admin. R. 23.3.150 Rejection of Documents; Translation of Foreign-Language Documents

(1) The department will not accept a document as proof of identity, age, social security number, or residence if there is reason to believe it has been altered, fraudulently obtained, or is fake, forged, counterfeit, or otherwise non-genuine or illegitimate. In addition to the documents listed in ARM 23.3.129, 23.3.130, and 23.3.131, the department may require additional documentation if there is reason to suspect that fraudulent, fake, forged, altered, otherwise non-genuine or illegitimate documents have been submitted.

(2) A document in a language other than English may be submitted to the department by an applicant as proof of identity, full legal name, date of birth, or residence if:

(a) the document is accompanied by a translation of that document into the English language;

(b) the translation is sworn to by the translator as being a true and accurate translation;

(d) the translator is either:

(i) certified by the American translators association;

(ii) certified by a court of competent jurisdiction;

(iii) approved by an embassy or consulate of the United States or diplomatic or consular official of a foreign country assigned or accredited to the United States;

(iv) affiliated with or approved by the US department of justice, immigration and naturalization service, or a government jurisdiction within the US; or

(v) an attorney licensed to practice in the US.

History

Authorizing statute(s): Sec. 61-5-125, MCA
Implementing statute(s): Sec. 61-5-103, 61-5-105, 61-5-107, 61-5-111, MCA
History: NEW, 2000 MAR p. 2524, Eff. 9/22/00.

Mont. Admin. R. 23.3.151 Procedures and Standards for Motorcycle Examination and Licensing

Examiners shall follow the procedures and standards for the examination and licensing of motorcyclists contained in ARM 23.3.152 through 23.3.160.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): 61-5-101, et seq. , MCA
History: NEW, Eff. 3/8/76.

Mont. Admin. R. 23.3.152 Order of Steps in Examination

An examiner shall conduct the motorcyclist's examination in the following order:

(1) Ask preliminary questions and have applicant complete necessary forms.

(2) Determine that applicant is currently licensed as a Montana operator or chauffeur.

(3) Give motorcycle endorsement examination (written test) . (Oral for illiterates.) If applicant fails any portion of this test, list the station, date, initial and note the number of test failed, and list on the original copy of the motorcycle endorsement receipt. The applicant must understand that the receipt is not a motorcycle endorsement.

(4) Give driving test. The written test must be completed satisfactorily before conducting either part of the driving test. If requested or if either portion of the driving test is failed, sign and issue motorcycle endorsement "Learner's License." Give skill portion of driving test first. If unsatisfactory, this portion does not count towards three time failure.

(5) Validate license or temporary license and issue to applicant.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): 61-5-101 et seq. , MCA, NEW, Eff. 3/8/76
History: AMD, Eff. 12/5/76.

Mont. Admin. R. 23.3.153 Motorcycle Endorsement Instruction Permit

(1) The motor vehicles division may, in its discretion, after the applicant has successfully passed all parts of the motorcycle endorsement examination other than the driving test, issue to the applicant a motorcycle endorsement instruction permit, which entitles the applicant, while having the permit in his immediate possession, to drive his motorcycle on public highways for a period of 6 months when under the immediate and proximate control of a licensed operator or chauffeur who has a motorcycle endorsement.

(2) A permit holder is under the immediate and proximate control of a licensed operator or chauffeur who has a motorcycle endorsement if the accompanying driver can see the permit holder, and is 300 feet or less from the permit holder operating his motorcycle.

History

Authorizing statute(s): Sec. 44-1-103, MCA
Implementing statute(s): 61-5-101 et seq. , MCA
History: NEW, Eff. 12/5/76.

Mont. Admin. R. 23.3.154 Motorcycle Endorsement Written Examination

(1) No person may receive a motorcycle endorsement unless he can satisfactorily answer questions on motorcycle operation, highway laws and regulations in written or oral form.

(2) Illiterates must be examined orally by having examiner state the questions on the motorcycle endorsement examination.

(3) Applicants who are observed cheating on the examination must immediately be disqualified on that portion of the examination.

(4) The maximum score for motorcycle endorsement examination is 100%. For each incorrectly marked answer, five points will be deducted. The minimum passing score is 75%.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-101 et seq. MCA
History: NEW, Eff. 3/8/76.

Mont. Admin. R. 23.3.155 Motorcycle Endorsement Skill Examination

Each applicant for a motorcycle endorsement must complete a "skill" examination as follows:

(1) Vehicle check and equipment identification. The following items must be checked at the beginning of each skill test. The applicant must demonstrate reasonable skill in the ability to locate and identify controls.

(a) Headlights (bright and dim) ;

(b) Signal lights (front and rear, if equipped) ;

(d) License plate light;

(e) Muffler;

(f) Tires (visually) ;

(g) Check and record motorcycle license number. (If no plate or sticker, no test. If foreign plate, or new or newly purchased motorcycle, proceed with test.) ;

(h) Brakes;

(i) Horn;

(j) Clutch;

(k) Shift mechanism;

(l) Fuel shut-off;

(m) Choke;

(n) Throttle; and

(o) Light switch.

Test must be refused if in the examiner's opinion the brakes are unsafe or sufficient other items malfunction to make the

motorcycle unsafe to operate.

(2) Applicant completes one of the following three driving tests depending on the facilities available to the examining officer.

(a) Applicant drives the "Serpentine" going as slowly as possible. Applicant may turn at far end by any method convenient, as long as control and balance are maintained. From a stop, opposite the last guard cone, applicant drives a straight line through triangle and comes to a complete stop, with front wheel between two cones on near end. During the straight drive, applicant must shift from low to second and back to low using the clutch.

(b) Applicant completes Motorcycle Operator Skill Test (MOST) . This test consists of nine (9) exercises, which require the applicant to drive through a course and complete the following skill tests:

Starting and moving up a hill
Making a sharp turn
Accelerating in a turn
Slowing in a turn
Coming to a normal stop
Turning speed selection
Quick stop on a straightaway
Obstacle turn
Quick stop on a curve

The examiner will give specific instructions on the requirements of each test.

(c) Applicant completes a modified Motorcycle Operator Skill Test (AL-MOST) . This test consists of eight (8) exercises, the first of which is handled in (1) above. The remaining seven (7) skill tests are as follows:

Upshifting/Downshifting skills
Making a sharp left turn
Coming to a normal stop
Negotiating an off-set cone weave
Making a "U" turn
Coming to a quick stop
Obstacle turn

The examiner will give specific instructions on the requirements of each test.

(3) No passenger is permitted during any portion of the examination.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-101 et seq. , 61-5-110, MCA
History: NEW, Eff. 3/8/76; AMD, 1982 MAR p. 600 Eff. 3/26/82.

Mont. Admin. R. 23.3.156 Motorcycle Endorsement Traffic Examination

(1) If the applicant is administered the test outlined in 23.3.155(2) (a) , above, a traffic examination must also be taken. Traffic examinations will be given regardless of weather if the applicant consents. If the applicant requests a postponement, permit it, holding the test as incomplete.

(2) If the applicant has a minor accident and does not appear to be upset, direct him to drive back to the starting point. If the applicant appears to be the least upset or major damage has occurred, direct him to make arrangements for someone to remove the motorcycle for him or to have the motorcycle towed away for repair.

(3) If an accident involves another car or a pedestrian, or if the damage amounts to more than $25 to the applicant's motorcycle, have him complete and submit to you an accident report, listing you as a witness.

(4) If an applicant violates a law on the road test, such as running through a stop light, fail him but do not cite him. Because a purpose of the road test is to determine whether the applicant knows the laws, he is presumed not to have violated the law purposely.

History

Authorizing statute(s): Sec. 44-1-103 44-1-103 MCA
Implementing statute(s): 61-5-101 et seq. , 61-5-110, MCA
History: NEW, Eff. 3/8/76; AMD, 12/5/76; AMD, 1982 MAR p. 600, Eff. 3/26/82.

Mont. Admin. R. 23.3.157 Skill Examination Description and Scoring

The skill tests discussed above in 23.3.155(2) (b) and (c) are administered and scored according to standards set out in the Motorcycle Operator Skill Test (MOST II) User's Manual, July 1980 edition, available upon request from the Department of Justice, Motor Vehicle Division, Driver Services, Room 253, Scott Hart Building, 303 Roberts, Helena, Montana 59620. The following are the requirements and scoring for the skill examination discussed in 23.3.155(2) (a) :

(1) Proper clothing:

(a) Boots, long pants, no shirt, helmet..............................................................................4 points

(b) Boots, shirt, cut-offs, helmet.........................................................................................4 points

(c) Cut-offs, no shirt, no shoes...........................................................................................8 points

(2) Understanding controls:

(a) Readily explains and understands controls................................................................0 points

(b) Understands and identifies major controls

only.............................................................................................................................................4 points

controls.......................................................................................................................................8 points

(3) Starting:

(a) Key-on position..............................................................................................................0 points

(b) Key-off position..............................................................................................................2 points

position) ......................................................................... ...........................................................4 points

(4) Clutch:

(a) Smooth acceleration and engaging of

clutch...........................................................................................................................................0 points

(b) Smooth acceleration, jerky engagement of

clutch...........................................................................................................................................4 points

releasing clutch too fast causing bucking or stall...................................................................8 points

(5) Stall:

(a) No Stall............................................................................................................................0 points

(b) Too low r.p.m., releases clutch smooth........................................................................2 points

(c) Stalls motor repeatedly.................................................................................2 points each stall

(6) Shifting:

(a) Fully completes up and down shift................................................................................0 points

(b) Completes up shift only..................................................................................................4 points

(c) Does not complete up shift............................................................................................8 points

(7) Balance:

(a) Does not use feed except on end turn..........................................................................0 points

(b) Uses feed for balance once on serpentine or

one on pinch cones.....................................................................................................................4 points

test...............................................................................................................................................8 points

(8) Steering ability:

(a) Completes serpentine, does not strike cones,

makes end turn without difficulty, does not strike cones

on shift and stop segment. (Pinch cones may be struck

by anything other than wheels) .................................................................................................0 points

(b) Strikes any serpentine cone, or cannot

easily make end turn, or strikes pinch cone or

stop cone with front wheel.........................................................................................................2 points

(c) Any combination of items in (b) ....................................................................................4 points

(9) Judgment of distance:

(a) Does not strike cones, allows

sufficient room for end turn........................................................................................................0 points

(b) Strikes cone on either course or

does not allow room for end turn.............................................................................................4 points

course and does not allow room for end turn.........................................................................8 points

(10) Use of brake:

(a) Makes successful complete stop.................................................................................0 points

(b) Uses brake unnecessarily or does not

complete successful stop..........................................................................................................6 points

(c) Rides brake throughout course.....................................................................................3 points

(d) Uses front wheel brake only when

required to stop..........................................................................................................................6 points

(11) Stop:

(a) Stops with front wheel in cones......................................................................................0 points

(b) Stops 6 inches or more from cones

(either side) ................................................................................................................................3 points

(either side) ................................................................................................................................6 points

(12) Any loss of control of the motorcycle that results in a fall or leaving the skill test area is scored as a dangerous action.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-101, et seq. , 61-5-110, MCA
History: NEW, Eff. 3/8/76; AMD, 1982 MAR p. 600, Eff. 3/26/82.

Mont. Admin. R. 23.3.158 Traffic Examination Description and Scoring

The traffic examination required under 23.3.156(1) uses a basic figure eight test pattern. The examiner follows the applicant. Following are the requirements and scoring for

the traffic examination:

(1) Judgment of conflicting traffic:

(a) Complete awareness of all traffic

around him, apparent knowledge of how to handle

traffic situation should one arise................................................................................0 points

(b) Aware only of traffic immediately

ahead of him................................................................................................................4 points

of motorcycle, and disregarding all traffic

around him...................................................................................................................8 points

(2) Right of way, pedestrian or vehicle: Same as operator's road test (ARM 23.3.124(18) ) .

(3) Balance:

(a) Maintains good balance throughout

test................................................................................................................................0 points

(b) Use of feet one time to maintain

balance--other than when stopping...........................................................................4 points

maintain balance--other than when stopping...........................................................8 points

(4) Steering control:

(a) Maintains complete steering control

throughout traffic test..................................................................................................0 points

(b) Wanders, slightly, in correct traffic

lane, or has difficulty making turns............................................................................4 points

and/or has great difficulty making turns....................................................................8 points

(5) Lane usage:

(a) Uses correct portion of correct traffic

lane...............................................................................................................................0 points

(b) Uses incorrect portion of traffic lane, or rides

from one side of traffic lane to

other side.....................................................................................................................4 points

and uses incorrect portion of traffic lane...................................................................8 points

(6) Use of brake:

(a) Correct use of rear and/or front brakes

when required to stop..................................................................................................0 points

(b) Unnecessary use of brakes when more

practical to down shift..................................................................................................4 points

front brake only.............................................................................................................8 points

(7) Stall: Same as skill examination (ARM 23.3.157(5) ) .

(8) Clutch: Same as skill examination (ARM 23.3.157(4) ) .

(9) Following and overtaking: Same as operator's road

test. (ARM 23.3.124(17) ) .

(10) Stop sign or light: Same as operator's road test. (ARM 23.3.124(9) ) .

(11) Shifting: Same as skill examination. (ARM 23.3.157(6) ) .

(12) Attention to driving: Same as operator's road test. (ARM 23.3.124(15) ) .

(13) Turns: Same as operator's road test (ARM 23.3.124(5) and (6) ) .

(14) Scoring the traffic examination. Each item must be graded separately and compounded. In other words, each turn, stop, intersection, etc. is a separate part of the test and should be so graded. If an applicant makes an improper maneuver more than once, he must be graded for each error. For example, if an applicant creeps through a stop sign constituting a four point deduction, and at the next stop sign repeats the error, the examiner would deduct another four points.

(15) Causes for disqualifications. If any of the following conditions are met the driver is disqualified. The road test must be discontinued. If a return to the starting point of the test might be hazardous, the vehicle must be left in a safe place, pending arrangements for its removal.

(a) Accident, however slight: Any contact with another vehicle, any contact with a pedestrian except from the pedestrian's intention, or any contact with fixed objects.

(b) Dangerous action: Any action that would cause a driver or a pedestrian to take defensive action, stalls motorcycle in middle of busy intersection, or drives one or more wheels over curb or onto sidewalk.

(d) Lack of cooperation or refusal to perform: Offers

bribe or gratuity', refuses to try to do any maneuver or

states "I cannot do that," accuses examiner of discriminating

against him.

(e) Various or repeated minor mistakes: Causes the deduction of more than the permitted number of points on the traffic examination score.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-101 et seq. , 61-5-110, MCA
History: NEW, Eff. 3/8/76; AMD, Eff. 12/5/76; AMD, 1982 MAR p. 600, Eff. 3/26/82.

Mont. Admin. R. 23.3.159 Incomplete Examination

An examination may be incomplete with the applicant neither passing nor failing. He may not pass until he has successfully completed each part of the examination separately. He must fail as soon as he demonstrates he is unable to pass. The examination is incomplete, therefore, when it is discontinued for some reason other than the applicant's lack of ability. For example, when a motorcycle runs out of gas, has a puncture or otherwise fails to function during the traffic examination, the examination is discontinued, but the driver is not disqualified.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 1-5-101 et seq. MCA
History: NEW, Eff. 3/8/76.

Mont. Admin. R. 23.3.160 Time Limit on Second and Subsequent Examinations

A written examination may not be given to an applicant more than once in each day. A traffic examination may not be given more than once in every 7 days.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-101 et seq. MCA
History: NEW, Eff. 3/8/76.

Mont. Admin. R. 23.3.171 Purpose

(1) The purpose of these rules is to establish the various requirements for the issuance, replacement, or renewal of a REAL ID compliant driver's license or identification card.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.172 Definitions

(1) "AAMVA" means the American Association of Motor Vehicle Administrators.

(2) "Applicant" means any individual applying to the department for a Montana credential.

(3) "Authorized presence" means an individual who is a U.S. citizen or who is a foreign national admitted for permanent or temporary residence in the United States.

(4) "Certified birth certificate" means a copy of the whole or part of a record of birth registered with the state that the state considers to be the same as the original record of birth on file with the state Office of Vital Statistics or equivalent government agency in an applicant's state of birth.

(5) "Credential" means any department-issued driver's license, driver permit, or identification card that contains the applicant's full legal name, digital photograph, date of birth, and address. This definition excludes department-issued employee identification cards.

(6) "Department" means the Montana Department of Justice.

(7) "DHS" means the United States Department of Homeland Security.

(8) "Employee identification card" means an identification card issued by the department for identification of employees of an entity without proving identity.

(9) "Exception processing" means the procedure the department has established for persons who are unable, for reasons beyond their control, to present all necessary documents and must rely on alternative documents to establish identity, date of birth, and authorized presence. Alternative documents to demonstrate authorized presence are only allowed to demonstrate U.S. citizenship.

(10) "First name" means the name that appears first in an individual's full name or is the individual's first given name.

(11) "Foreign national" means an individual who is in the United States and is not currently a citizen.

(12) "Full legal name" means the applicant's first name, middle name(s), and last name, without the use of initials or nicknames, as it appears on the applicant's presented source documents.

(13) "Identification card" means a credential issued by the department but that does not permit the individual to operate a motor vehicle.

(14) "Identity" means any information which can be used to distinguish or trace an individual, such as their name, driver's license or identification card, social security number, biometric record, including physical characteristics or a photograph or digital image, or signature; alone, or when combined with other personal or identifying information, which is linked or linkable to a specific individual, such as a date and place of birth or address.

(15) "Last name" means the final name or surname on a primary document. When the final two names are connected with a hyphen, it is both names connected by the hyphen.

(16) "Mailing address" means the postal address where the individual receives mail.

(17) "Middle name" means the name or names between the individual's first name and last name.

(18) "Montana resident" means an individual who resides in Montana as determined under 1-1-215, MCA.

(19) "Nonresident" means an individual who is not a Montana resident.

(20) "Permanent resident status" means a foreign national whose authority to lawfully remain in the United States is permanent.

(21) "REAL ID Driver's License or Identification Card" means a driver's license or identification card that has been issued by a state that has been certified by the DHS to be in compliance with the requirements of the REAL ID Act and accompanying regulations, including limited-term driver's licenses or identification cards.

(22) "Residency" means the physical address of where an individual lives.

(23) "SAVE" means the Department of Homeland Security Systematic Alien Verification for Entitlements system.

(24) "Source document" means an original document certified by the issuing agency, an amended original document certified by the issuing agency, or a true copy certified by the issuing agency, excluding miniature, wallet sized, or photocopies of documents.

(25) "SSA" means the Social Security Administration

(26) "SSN" means the Social Security Number issued to an individual by the SSA.

(27) "SSOLV" means Social Security Online Verification managed by the Social Security Administration.

(28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(29) "Temporary lawful status" means a foreign national whose authority to lawfully remain in the United States is temporary.

(30) "United States citizen" means an individual who is either a natural born citizen or who has lawfully become a citizen of the United States under the U.S. Constitution and laws.

(31) "United States passport" means a passport booklet or card issued by the U.S. Department of State that denotes identity and citizenship as determined by the U.S. Department of State.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.173 Declaration

(1) Each applicant shall declare under penalty of perjury that the information submitted on their application is true and correct in a format approved by the department.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.174 Source Documents

(1) When applying for a credential, the applicant shall provide source documents verifying proof of legal name, date of birth, social security number, authorized presence, and Montana residency.

(2) All documents presented must be legible and unaltered from the original (for example, no lamination, hand-writing, or hole punch), or a copy certified by the issuing agency.

(3) An applicant shall appear in person to apply for a REAL ID credential for the first time.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.175 Source Document Translation Process

(1) All documents submitted to the department by the applicant must be in English or have been translated into English.

(2) The original and corresponding translated documents must be presented together at the time of application.

(3) All translated documents must have the following signed declaration included at the end, or of substantially similar wording (must be typed or electronically printed on the same page as the translation, not on separate pieces of paper or the translation will not be accepted by the department):

(a) "I, [insert printed translator's full name], declare under penalty of perjury that: (1) the translation is a complete and accurate translation from [insert foreign language] to the English language to the best of my ability. (2) I am fully competent to translate from [insert foreign language] to the English language and I am proficient in both languages."

(b) the number and state of issuance of the translator's unexpired driver's license, instruction permit, or identification card.

(d) date of translation.

(4) All translated documents and information required under this rule must be included in the applicant's driver record.

(5) Applicants are responsible for all translation costs.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.176 Translator Requirements

(1) A translator shall be:

(a) certified by the American Translators Association;

(b) approved by an embassy or consulate of the United States or diplomatic or consular official of a foreign country assigned or accredited to the United States;

(d) an attorney licensed to practice in the U.S.; or

(e) an individual approved by the department at a regional manager level or above.

(2) A translator shall not be related by blood or marriage to the applicant, except as authorized by the department at a regional manager level or above.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.177 Proof of Name and Date of Birth

(1) When applying for a REAL ID driver's license or identification card, each applicant shall submit one of the following primary source documents to prove full legal name and date of birth:

(a) certified U.S. birth certificate;

(b) valid, unexpired U.S. passport;

(d) certificate of naturalization issued by DHS, Form N-550 or Form N-570;

(e) certificate of citizenship, Form N-560 or Form N-561, issued by DHS;

(f) valid, unexpired permanent resident card, Form I-551, issued by DHS;

(g) valid, unexpired REAL ID driver's license;

(h) valid, unexpired REAL ID identification card;

(i) unexpired employment authorization document issued by DHS, Form I-766 or Form I-688B; or

(j) unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States or an I-551 stamp.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.178 Establishment of Name

(1) The department shall use the full legal name as recorded on the presented primary source document, unless:

(a) the applicant submits one or more documents specified in ARM 23.3.190 verifying a name change; or

(b) the name has been truncated according to (2).

(2) The department shall use the applicant's full legal name on the credential unless the name must be truncated to fit in the available space. The department will apply the AAMVA 2016 card design standards for truncation.

(3) The department shall:

(a) record the individual's last name. If an individual has only one name, the department shall record the name as the individual's last name.

(b) only record hyphenations if the name is hyphenated on the presented primary source document.

(c) record a personal name suffix only if it appears in the presented primary source document (for example, "Jr." or "III").

(d) not record address titles (for example, "Ms." or "Dr.").

(e) not record an individual's first name if it is unknown.

(f) not record professional or academic name suffixes (for example, "Esq." or "MBA").

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.179 Establishment of Name Other Than the Name That Appears on the Primary Source Document

(1) When an applicant wants to establish a name other than the name that appears on the primary source document, the individual shall present one of the listed documents proving the name change. There must be evidence of the name change on the presented document.

(2) An applicant shall submit one of the following documents by a government agency or court to prove a name change because of a marriage, common law marriage, or domestic partnership:

(a) marriage license;

(b) certificate of marriage;

(d) domestic partnership registration; or

(e) an equivalent documentation of marriage or domestic partnership from the issuing government jurisdiction.

(3) The department cannot accept an affidavit of common law marriage to prove a name change.

(4) An applicant shall submit one of the following documents to prove a name change because of a divorce or dissolution from a court of competent jurisdiction:

(a) dissolution of marriage decree;

(b) divorce decree; or

(5) An applicant shall submit one of the following documents to prove a name change by other means:

(a) court order from a court of competent jurisdiction granting a name change;

(b) certificate of naturalization issued by DHS, Form N-550 or Form N-570; or

(6) All documents presented must be certified by the issuing agency.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.180 Social Security Number

(1) Individuals who apply for a REAL ID compliant credential shall present their SSA card.

(2) If an SSA card is not available, the individual may present any of the following documents bearing the applicant's name and SSN:

(a) W-2 form;

(b) SSA-1099 form;

(d) pay stub.

(3) Individuals who present an unexpired foreign passport shall present a SSN or demonstrate non-work authorized status.

(4) The department shall verify the SSN with the SSA or through another method approved by DHS. The department cannot issue a REAL ID credential to an applicant until the information is verified with SSA.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.181 Change to Name, Date of Birth, or Social Security Number

(1) If there is any change to the applicant's name, date of birth, or social security number, after the department issues a credential to an applicant, the department shall not issue a new credential, a replacement, or renew the credential unless the applicant appears in person and submits proof of the change.

(a) The department cannot issue a REAL ID credential to an applicant until the information is verified with SSA.

(2) The applicant shall pay the associated fees for either a new issuance, replacement, or renewal to receive a credential with the name as demonstrated on the presented documents.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.182 Proof of Authorized Presence

(1) When applying for a REAL ID driver's license or identification card, each applicant shall present satisfactory evidence of authorized presence.

(2) It is satisfactory evidence of authorized presence when the applicant submits one of the following primary source documents:

(a) certified U.S. birth certificate;

(b) valid, unexpired U.S. passport;

(d) certificate of naturalization issued by DHS, Form N-550 or Form N-570;

(e) certificate of citizenship, Form N-560 or Form N-561, issued by DHS; or

(f) valid, unexpired permanent resident card, Form I-551, issued by DHS.

(3) Secondary source document. If an applicant submits a primary source document not listed in (2), the applicant must also submit:

(a) a second document from ARM 23.3.177; or

(b) documentation issued by DHS or other federal agencies demonstrating lawful status.

(4) The department shall complete all required document verifications.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.183 Proof of Montana Residency

(1) When applying for a REAL ID driver’s license or identification card, each applicant shall submit satisfactory evidence of Montana residency (physical address).

(2) If the applicant has a different mailing address than residency (physical address), the applicant shall provide a separate mailing address.

(3) The Montana residency address must be displayed on the credential except that an alternative address may be displayed for an applicant whom a statute, regulation, or department business standard permits the display of an alternative address.

(4) The residency of an unmarried minor is:

(a) the residency of the minor's parents or parent;

(b) the residency of the legal guardian or custodian appointed by a court of competent jurisdiction;

(d) as approved by the department.

(5) The residency of a married minor is the minor's residency.

(6) The residency of an emancipated minor is the minor's residency.

(7) The residency address must be:

(a) the number and street name assigned for U.S. mail delivery;

(b) an address convention used by the U.S. postal service in areas where a number and street name have not been assigned; or

(c) a descriptive address of the location where the applicant resides (for example, under the west end of the east street bridge) if the applicant does not have a standard address or is homeless.

(8) The document must show the applicant's name and current residency.

(9) Each applicant shall establish residency by submitting two documents from the following list:

(a) valid Montana credential;

(b) valid Montana REAL ID credential;

(d) expired Montana REAL ID credential;

(e) a Montana hunting or fishing license or permit;

(f) utility bill;

(g) credit card statement;

(h) school transcript or report card;

(i) bank statement;

(j) mortgage document;

(k) rental agreement or rent receipt;

(l) insurance policy;

(m) tax document;

(n) pay stub;

(o) vehicle registration or title;

(p) voter registration;

(q) phone bill;

(r) federally recognized tribal identification;

(s) Montana recognized tribal identification;

(t) certified court documents (for example, court order, judgment, subpoena, warrant); or

(u) first class mail with postmark.

(10) If the applicant is homeless, the applicant shall submit:

(a) a separate mailing address;

(b) a written statement from a social service agency on the agency's letterhead verifying the applicant's homeless status and the descriptive address given by the applicant.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.184 Exception Process

(1) Applicants who, for reasons beyond their control, are unable to present all necessary documents may request that the department issue a REAL ID credential through an exception process.

(2) If an exception is necessary, an applicant shall request an exception in writing on a form approved by the department and provide alternative documents.

(3) Alternative documents to demonstrate authorized presence will only be allowed to demonstrate U.S. citizenship.

(4) The request for an exception must be reviewed by the department. The department shall make reasonable efforts to establish the authenticity of the alternative documents at the time they are submitted.

(5) If the department grants an exception, the department shall note this decision on the driver record.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.185 Document Verification Requirements

(1) For foreign nationals, the department shall verify the authenticity of the document through the SAVE system or alternative methods approved by DHS.

(2) The department shall verify social security numbers with SSA or through another method approved by DHS.

(3) The department shall verify the authenticity of U.S. passports through the U.S. passport verification system.

(4) If the documents presented do not appear authentic, the data does not match, and the use of an exception process is not warranted, the department shall not issue a credential and refer the applicant to the issuing office for resolution.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.186 Denial of Applications

(1) The department may delay issuing a credential to verify any document presented by an applicant.

(2) The department shall deny an application if the applicant presents fraudulent or altered documents or commits any other fraud in the application process.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.187 Full Facial Digital Photograph

(1) The department shall take a full facial photograph of the applicant and place it on the front of the credential.

(a) The applicant shall remove all head coverings.

(b) The applicant shall not wear eyewear that obstructs the iris or pupil of the eyes and shall not take any action to obstruct a photograph of their facial features.

(2) The department shall:

(a) ensure lighting is equally distributed on the face;

(b) ensure that the head from crown to the base of the chin and from ear-to-ear is clearly visible and free of shadows;

(c) ensure where possible, that there are no dark shadows in the eye-sockets due to the brow and that the iris and pupil are clearly visible; and

(d) take care to avoid "hot spots" (bright areas of light shining on the face).

(3) An applicant requesting to wear a head covering for religious purposes shall complete a statement under penalty of perjury on a form designated by the department.

(4) If the department grants a religious exception, but receives credible evidence that the applicant does not wear a religious head covering while in public, except when removal is necessary, the department shall cancel the credential.

(5) An applicant requesting to wear a head covering for medical reasons shall complete a statement under penalty of perjury on a form designated by the department.

(6) If the department grants a religious or medical exception, the applicant may wear a head covering that does not obscure any facial features. The exception must be noted on the driver record.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.188 Foreign National with Temporary Authorized Presence

(1) The department may only issue a temporary or limited-term credential to a foreign national after verifying the individual's authorized presence in the United States.

(2) The department shall not issue a temporary or limited-term credential for a period longer than:

(a) the expiration of the applicant's authorized stay in the United States, or, if there is no expiration date, for a period longer than one year; and

(b) the maximum credential duration term.

(3) The department shall clearly indicate on the face of the credential that the license or card is a temporary or limited-term credential.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.189 Prohibition Against Holding More Than One Real Id Credential

(1) An individual may hold only one REAL ID credential. An individual cannot hold a REAL ID driver's license and a REAL ID identification card at the same time.

(2) An individual may hold at the same time:

(a) a REAL ID driver's license and a non-REAL ID identification card;

(b) a non-REAL ID driver's license and a REAL ID identification card;

(d) a non-REAL ID driver's license and non-REAL ID identification cards at the same time.

(3) If the department confirms an individual holds a driver's license or identification card in another state, the department shall void the other state's credential and notify the other state to cancel the other state's credential.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Mont. Admin. R. 23.3.190 Source Document Retention

(1) The department shall retain copies of the application, declaration, and documents submitted to prove legal name, date of birth, social security number, authorized presence, and Montana residency.

(2) The department must scan and retain the digital images for the retention period required under state law, but not less than ten years.

History

Authorizing statute(s): 61-5-125, 61-5-128, MCA
Implementing statute(s): 61-5-128, 61-5-129, MCA
History: NEW, 2018 MAR p. 1956, Eff. 10/6/18.

Subchapter 23.3.2 Driver Improvement

Mont. Admin. R. 23.3.201 Driver Improvement Committee

There is within the Motor Vehicles Division a Driver Improvement Committee consisting of an examiner, a commissioned officer and a lawyer for the Division. The Committee carries out the Division's duties relating to review of the denial, suspension, or revocation of an operator's or chauffeur's license, the imposition of probationary status on a driver, or the requirement of a driver's reexamination.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 1-5-201 et seq. MCA, Eff. 12/31/72
History: AMD, Eff. 12/5/76.

Mont. Admin. R. 23.3.202 Driver Rehabilitation Point System

(1) The following point values are established for Driver Rehabilitation Program purposes, and discretionary actions pursuant to section 61-5-206(1) (b) are specified:

VIOLATION CODE | DRIVER REHABILITATION POINTS | DESCRIPTION OF OFFENSE 0020 | 12 | Negligent homicide 1170 9014 | 6 | Driving while privilege to do so is suspended or revoked 1140 | 2 | Operating with foreign driver's license when privilege suspended or revoked by the state 5110 | 10 | Driving while under the influence of intoxicating liquor (being in actual physical control) 5111 | 10 | Driving while under the influence of any drug (narcotic or other) 4000 | 8 | Failure to stop immediately at accident scene where person injured 4001 | 8 | Failure to remain at accident scene where person injured 4002 | 8 | Failure to stop immediately at scene where person killed 4003 | 8 | Failure to remain at scene of accident where person killed 4022 | 8 | Failure to render reasonable assistance to injured 4020 | 4 | Failure to identify self and vehicle when involved in an accident. 4060 | 4 | Failure to submit written report of accident within 10 days 5130 | 5 | Holding a race or speed contest on highway without written permission of proper authority (state, county, or city) 4050 | 4 | Fail to give notice of accident by quickest means 5131 | 5 | Engaging in race or speed contest on public highway without written permission of proper authority 5133 | 5 | Holding (engaging in, aiding, or abetting) a speed contest, the roadway of which is not fully and efficiently patrolled 5134 | 2 | Careless driving 5120 | 5 | Reckless driving 5121 | 5 | Eluding police officers 4010 | 4 | Failure to stop immediately at property damage accident scene 4011 | 4 | Failure to remain at property damage accident scene 5141 | 3 | Speeding: restricted speed zone 5142 | 3 | Speeding: 25 miles per hour, urban district 5140 | 2 | Speed restrictions (Basic Rule): Failure to drive in careful and prudent manner (driving at speed that is greater than is reasonable and proper under existing conditions at point of operating; driving at speed that would unduly or unreasonably endanger life, limb, property or other rights of persons using highways; driving at speeds that fail to take into account amount and character of traffic, conditions of brakes, weight of vehicle, etc.) 5143 | 3 | Speeding: 35 miles per hour, construction zone 5144 | 3 | Speeding: 55 miles per hour night limit 5145 | 3 | Speeding: 65 miles per hour night limit on interstate 5146 | 3 | Failure to reduce speed when approaching intersection, railroad crossing, etc. 5147 | 3 | Speeding: 55 miles per hour night limit (trucks) 5150 | 3 | Speeding: speed limit established by Motor Vehicles Division 5160 | 3 | Speeding: restricted speed limit established by local authorities 5171 | 3 | Failure to pull over when operating slow moving vehicle obstructing traffic 5180 | 3 | Speeding: 60 miles per hour truck limit 5181 | 3 | Speeding: motor-driven cycle night speed 5182 | 3 | Speeding: 50 miles per hour speed when towing trailer house 5183 | 3 | Speeding: 65 miles per hour truck speed on interstate 5190 | 3 | Speeding: posted speed over elevated structure 1006 | 2 | Operating with foreign driver's license beyond 90 day grace period 1010 | 2 | Violation of privilege granted drivers of government vehicles 1011 | 2 | Violation of privilege granted drivers of road machinery, farm implements and tractors 1020 | 2 | Violation of restrictions on chauffeur's license 1030 | 2 | Violation of restrictions on instruction permit 1031 | 2 | Violation in use of temporary driver's permit 1032 | 2 | Failure to have temporary driver's permit in possession 1070 | 2 | Operating in violation of restrictions imposed on driver's license 1110 | 2 | Violation of restrictions imposed on probationary driver's license 1250 | 2 | Failure of person to subject self to traffic control at roadblock 2070 | 2 | Exceeding the 102-inch width limit 2079 | 2 | Towing more than one vehicle in combination 2080 | 2 | Drawing more than two motor vehicles by saddlemount method 2081 | 2 | Towing more than one trailer with vehicle rated less than 2000 pounds (manufacturer's rated capacity) 2111 | 2 | Failure to follow directions and requirements of special permit 4199 | 2 | Sidewalk (driving on) 5010 | 2 | Reckless or unsafe operation of authorized emergency vehicle 5050 | 2 | Failure to obey instructions of traffic control devices 5222 | 2 | Increasing speed when being overtaken 5230 | 2 | Passing on right when prohibited 5240 | 2 | Improper passing - highway ahead obstructed 5250 | 2 | Improper passing - approaching crest of grade (hill) or curve 5251 | 2 | Improper passing - approaching intersection 5252 | 2 | Improper passing - approaching within 100 feet of bridge, tunnel or viaduct when view obstructed 5260 | 2 | Improper passing - in no passing zone 5270 | 2 | Pass to left of rotary traffic island 5271 | 2 | Travel wrong direction on one-way street or highway 5280 | 2 | Change lane when unsafe to do so 5281 | 2 | Improper use of center lane of three lane roadway 5282 | 2 | Failure to use designated lane when operating slow-moving vehicles 5290 | 2 | Following too closely - reasonable and prudent 5291 | 2 | Following too closely - insufficient space between vehicles or combinations 5300 | 2 | Driving on other than right-hand roadway of divided highway 5301 | 2 | Driving over, across, or within dividing space or barrier of divided highway 5310 | 2 | Illegal entrance or exit to restricted access highway 5320 | 2 | Violations of limitations put on restricted access highway 5330 | 2 | Making right turn from improper lane 5331 | 2 | Improper approach to intersections when making right turn 5332 | 2 | Making left turn from improper lane 5333 | 2 | Improper approach to intersection when making left turn 5334 | 2 | Disobedience to signs and markers indicating direction to turn 5340 | 2 | Improper turn - crest of grade or on curve 5350 | 2 | Improper starting - failure to start vehicle in safety 5360 | 2 | Improper turn - not in required position 5361 | 2 | Turning when unsafe to do so 5362 | 2 | Turning without giving proper signal 5363 | 2 | Stopping or slowing without giving appropriate signal 5370 | 2 | Failure to have vehicle equipped with signal lamps when required 5380 | 2 | Right of way violation - failure to yield to vehicle on right at intersection 5390 | 2 | Right of way violation - failure to yield to hazardous traffic when making left turn 5391 | 2 | Right of way violation - failure of approaching drivers to yield to vehicle making left turn 5400 | 2 | Right of way violation - failure to yield to vehicle on through highway 5401 | 2 | Right of way violation - failure to yield to vehicle entering or crossing highway 5410 | 2 | Right of way violation - failure to yield when entering highway from private road or drive 5411 | 2 | Right of way violation - failure to yield when entering highway from public approach ramp 5420 | 2 | Right of way violation - failure to obey requirements of yield sign 5060 | 2 | Failure to yield right of way to vehicle when obeying green go traffic signal 5061 | 2 | Failure to yield right of way to pedestrian when obeying green go traffic signal 5062 | 2 | Failure to reduce speed when approaching yellow (caution) traffic signal 5063 | 2 | Failure to obey red (stop) traffic signal 5064 | 2 | Failure to yield right of way to pedestrians or other traffic in intersections when obeying green arrow traffic signal 5080 | 2 | Flashing signal violation (red) Flashing signal violation (yellow) 5170 | 2 | Obstructing traffic, under minimum reasonable speed, after being warned 5200 | 2 | Failure to drive to right of roadway except when passing 5210 | 2 | Failure to give approaching vehicle half of roadway 5220 | 2 | Improper passing - crowding overtaken vehicle 5221 | 2 | Failure to yield to overtaking vehicle 5430 | 2 | Right of way violation - failure to yield to authorized emergency vehicle 5431 | 2 | Operator of authorized emergency vehicle - failure to drive with due regard to safety of others 5450 | 2 | Right of way violation - failure to yield to pedestrian 5452 | 2 | Overtaking vehicle stopped at crosswalk 5453 | 2 | Right of way violation - failure to yield to school children or school safety patrol 5470 | 2 | Failure to exercise due care when observing pedestrian 5570 | 2 | Disobedience to signals indicating approach of railroad train 5580 | 2 | Failure to stop at railroad crossing when stop sign erected 5590 | 2 | Failure to stop at railroad crossing when carrying passengers for hire 5591 | 2 | Failure to stop at railroad crossing when driving school bus 5592 | 2 | Failure to stop at railroad crossing when carrying explosives 5593 | 2 | Failure to stop at railroad crossing when carrying flammable liquids 5610 | 2 | Stop sign violation 5620 | 2 | Stop violation - emerging from alley, garage or driveway 5630 | 2 | Failure to stop for school bus stopped (loading or unloading school children) 5631 | 2 | Failure to slow for school bus preparing to stop (flashing amber lights for school children) 5633 | 2 | School bus failing to activate flashing amber lights before stopping to receive or discharge school children 5640 | 2 | Unlawful use of flashing lights on bus (amber or red) 5690 | 2 | Interfering with traffic while backing 5700 | 2 | More than one on one-seated motorcycle 5702 | 2 | Carrying passenger on motorcycle which interferes with driver's operation 5703 | 2 | Carrying package, etc., which interferes with operation of motorcycle 5704 | 2 | Riding motorcycle side-saddle 5705 | 2 | Operating motorcycle on public highway or street without lights 5706 | 2 | Operating more than two motorcycles abreast in traffic lane 5707 | 2 | Failure to comply with duties applicable to motorcycle operators 5720 | 2 | Failure to keep vehicle under control on mountain highways 5721 | 2 | Failure to drive to extreme right side of road in canyons (defiles, mountains) 5730 | 2 | Allowing vehicle to coast downgrade 5740 | 2 | Following fire apparatus 5750 | 2 | Crossing fire hose 5852 | 2 | Failure of driver to take required precautions upon approaching the blind 7000 | 2 | Operating a motor vehicle in unsafe condition without proper lights and equipment 7010 | 2 | Failure to have lamps lighted when required 7020 | 2 | Failure to have two headlamps properly operating on motor vehicle 7021 | 2 | Failure to have proper headlamps on motorcycle 7030 | 2 | Failure to have vehicle equipped with one or two tail lamps as required 7051 | 2 | Operating motor vehicle not equipped with stop lamp 7063 | 2 | Failure to have bus or truck properly equipped with stop lamps 7068 | 2 | Failure to have safety chain when required on trailer 7110 | 2 | Failure to display lamp or flag on projecting load 7141 | 2 | Failure to have proper emblem on slow-moving vehicle when required 7143 | 2 | Failure of driver of slow-moving vehicle to pull off roadway as required 7160 | 2 | Emergency vehicle - no audible signal 7163 | 2 | Fail to proceed with caution past an alternately flashing or rotating red or blue light, at a speed that is reasonable and proper under the conditions existing at the point of operation (failure to stop for emergency lights.) 7164 | 2 | Fail to stop for an alternately flashing or rotating red or blue light at point of operation (fail to stop for emergency lights). 7200 | 2 | Failure to dim within 1000 feet of oncoming traffic 7201 | 2 | Failure to dim within 300 feet when approaching vehicle from rear 7231 | 2 | Displaying unauthorized red light 7240 | 2 | Violation in use of red blinker light authorization for fireman's private car 7261 | 2 | Inadequate or defective service brakes 7263 | 2 | Fail to have automatic breakaway brakes on trailer which exceeds 3000 pounds G.V.W. 7268 | 2 | Insufficient or inadequate reservoir for air or vacuum brakes 7280 | 2 | Defective brakes - motor-driven cycle 7291 | 2 | Failure to sound horn to ensure safe operation 7310 | 2 | Failure to have rear view mirror 7311 | 2 | Defective rear-view mirror 7320 | 2 | Obstructed windshield 7321 | 2 | Defective windshield wipers 7502 | 2 | Moving defective vehicle beyond specified limits 7603 | 2 | Fail to identify disabled vehicle with proper equipment while towing 0012 | 2 | Transporting passengers in vehicle carrying explosives

(2) A 6 month suspension results from the accumulation of 15 or more points in a 36 month period.

(3) The following actions resulting from the accumulation of 6 or more points in an 18 month period may be taken:

(a) the licensee may be required to attend a counseling session or re-take the driving examination or both.

(b) Failure to comply with the requirements of (3)(a) will result in a three month suspension.

History

Authorizing statute(s): 44-1-103, 61-2-302(1) MCA
Implementing statute(s): 61-2-302(2), 61-5-201 et seq., MCA
History: Eff. 12/31/72; AMD, Eff. 8/4/75; AMD, Eff. 12/5/76; AMD, 1980 MAR p. 576, Eff. 10/31/80; AMD, 1982 p. 601, Eff. 3/26/82; AMD, 1983 MAR p. 350, Eff. 4/28/83.

Mont. Admin. R. 23.3.203 Person Eligible for Driver Rehabilitation Program

(1) A person whose license is suspended because of the accumulation of 15 or more Driver Rehabilitation points must be referred to a Driver Rehabilitation Program.

(2) A person whose license is suspended for any reason other than refusal to submit to a chemical test of his blood, breath, or urine is eligible to participate in the Driver Rehabilitation Program if he complies with all requirements for reobtaining a license after suspension.

(3) A person whose license has been revoked for 3 months of a 1 year revocation or 1 year of a 3 year revocation is eligible to participate in the Driver Rehabilitation Program if he complies with all requirements for reobtaining a license after revocation.

History

Authorizing statute(s): Sec. 61-2-302(1) MCA
Implementing statute(s): 61-2-302 MCA
History: NEW, 1980 MAR p. 580, Eff. 2/15/80; AMD, 1980 MAR p. 2871, Eff. 10/31/80; AMD, 1983 MAR p. 853, Eff. 7/15/83.

Mont. Admin. R. 23.3.204 Driver Rehabilitation Program

The Driver Rehabilitation Program must include but is not limited to:

(1) A personal appearance by the violator at a Driver Rehabilitation Session. The violator must be notified in writing of the time and place of the appearance at least 20 days prior to it.

(2) The violator must be informed of his record and accumulated points, and of the consequences of further violations.

(3) The Rehabilitation Officer may refer the violator to programs the officer determines are necessary to induce proper driving attitudes, habits, and techniques. Examples of referrals are classroom instruction in rules of the road, driving techniques, defensive driving, or driver attitudes and habits; on-the-road training; alcohol counseling or treatment; mental evaluation or treatment; physical evaluation or treatment; and visual examination or treatment.

History

Authorizing statute(s): Sec. 61-2-302(1) MCA
Implementing statute(s): 61-2-302 MCA
History: NEW, 1980 MAR p. 580, Eff. 2/15/80; AMD, 1983 MAR p. 853, Eff. 7/15/83.

Mont. Admin. R. 23.3.205 Fees for Driver Rehabilitation Program

A person referred to the Driver Rehabilitation Program shall pay $50 to defray the cost of the program. This fee covers the cost of referrals to defensive driving or alcohol school. All other costs of referrals must be paid by the participant.

History

Authorizing statute(s): Sec. 61-2-302(1) MCA
Implementing statute(s): 61-2-302(7) MCA
History: NEW, 1980 MAR p. 580, Eff. 2/15/80.

Mont. Admin. R. 23.3.206 Discretionary Action Against Driving Privileges

The staff of the Motor Vehicles Division shall analyze and present to the Driver Improvement Committee for final decision any proposed action to be taken against an individual's driving privileges that is not covered by ARM 23.3.202, along with the staff's recommendation for suspension, probation, restricted probation, or no action.

History

Authorizing statute(s): 44-1-103 MCA
Implementing statute(s): 61-5-201 et seq. MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.207 Examinations Failed

If a driver applicant fails the eye examination or other driver examination standards the applicant is considered incompetent or otherwise not qualified to be licensed. Therefore, the driver's license must be suspended.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-206(1) (d) MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.208 Reexamination Ordered

If a driver is ordered to be reexamined and fails to submit to the reexamination, the driver's license and privilege to drive is suspended until the driver complies.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-207 MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.209 Cancellation for Withdrawal of Consent for a Minor

If the signer of a minor's application for an operator's permit withdraws consent under section 61-5-109, MCA, or dies, the minor's license is immediately cancelled upon receipt by the Division of notification that consent has been withdrawn or signer has died.

History

Authorizing statute(s): Sec 44-1-103 MCA
Implementing statute(s): 61-5-109 and 61-5-202, MCA, Eff. 12/31/72
History: AMD, Eff. 12/5/76; AMD, 1983 MAR p. 853, Eff. 7/15/83.

Mont. Admin. R. 23.3.210 Denial of License Due to Incompetency or Addiction

No license may be issued to nor renewed for an inebriate, alcoholic, drug addict or insane person committed by a court until such person has been restored to competency in a court, or in the case of an inebriate, alcoholic or drug addict until he has supplied satisfactory evidence that he is no longer addicted to the excessive use of alcohol or drugs, as the case may be.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-105(4) and (5) MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.211 Other Information Resulting in Change of Status of Driver's License

(1) A person who indicates that he has suffered from fainting or dizzy spells, epilepsy or epileptic type seizures, heart trouble or paralysis must furnish the Motor Vehicles Division information from a medical doctor as follows:

(a) For fainting or dizzy spells a report must be submitted if the last occurrence was within the preceding 5 years.

(b) For epilepsy or epileptic type seizures, a report must be submitted regardless of date of occurrence.

(d) For paralysis, a report must be submitted only if the examiner determines it is necessary.

(2) A person who indicates he suffers from a physical or mental defect that would make it difficult to operate a vehicle must submit a medical report only if the examiner determines it is necessary.

(3) A person whose physical appearance or conduct at the time of driver license renewal or application indicates a medical or mental problem may be requested by the examiner to submit a report on the condition and/or may be required by the examiner to complete the driving portion of the examination or both.

(4) A person who has been reported to the Motor Vehicles Division as having a physical, mental, visual or driving skills problem may be requested to furnish the Division with an appropriate report concerning the condition, and/or may be requested to complete the entire examination or both if the staff determines it is necessary. (Form DES-1004, Accident Report.)

(5) Medical questions arising from the above items may be submitted to the State Health Officer for assistance in determining appropriate action.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-105(8), 61-5-111(2) and 61-5-207, Eff. 12/31/72
History: AMD, Eff. 12/5/76: AMD, 1983 MAR p. 853, Eff. 7/15/83.

Mont. Admin. R. 23.3.212 Altered Driver's License

A license received by the Division that indicates on its face that any data or photograph has been altered may be suspended for 6 months. A statement must be received indicating that the individual who picked up the license received it from the individual pictured and/or named on the license.

Rules 13

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-105 and 61-5-206 MCA, Eff. 12/31/72
History: AMD, Eff. 12/5/76; AMD, 1980 MAR p. 3120, Eff. 12/27/80; AMD, 1983 MAR p. 853, Eff 7/15/83.

Mont. Admin. R. 23.3.221 Appeal Does Not Alter Revocation

An appeal or notice of appeal from a conviction for Driving While Intoxicated does not affect the administration of the driver's license revocation.

Rules 22

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-205 MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.231 Probationary Licenses

(1) The division may issue a restricted probationary license to any person whose driver's license or privilege to drive in Montana is subject to suspension or revocation when:

(a) the licensee is eligible for the Driver Rehabilitation Program under ARM 23.3.203 through 23.3.205 and the licensee enrolls and continues to participate in the Driver Rehabilitation Program; or

(b) the division is otherwise authorized by statute to do so.

(2) When the division receives notification of a conviction for a second or subsequent driving under the influence of alcohol or drugs and a court's recommendation for a probationary license based on participation in an alcohol or drug testing program and the driver is otherwise eligible for a probationary license, the Division may issue a probationary license only when the alcohol or drug testing program meets the requirements of 44-4-1203(6), MCA.

History

Authorizing statute(s): 61-2-302, 61-14-201, MCA
Implementing statute(s): 44-4-1203, 44-4-1205, 61-2-302, 61-5-208, 61-5-231, 61-8-442, MCA
History: NEW, 1980 MAR p. 581, Eff. 2/15/80; AMD, 1985 MAR p. 1398, Eff. 9/27/85; AMD, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.3.232 Restrictions on Probationary Licenses

(1) The Division may restrict probationary licenses in the following manner:

(a) Licenses restricted to "occupational driving only" may only be used by the licensee to travel to and from the regular place of employment, or in search of employment, by the most direct route from the residence in a period of time no greater than is reasonable under existing traffic conditions; and during work hours at the specific direction of the employer for purposes of carrying out assigned job related functions.

(b) Licenses restricted to "home to school and return" may only be used by the licensee to travel between the residence and the school or educational institution in which the licensee is enrolled. Travel is only authorized immediately before and after regular school hours and must be by the most direct route between the residence and the school in a period of time no greater than is reasonable under existing traffic conditions. Driving to or from extracurricular activities is not allowed.

(i) occupational driving as defined in subsection (1) (a) above; and

(ii) home to school driving as defined in subsection (1) (b) above; and

(iii) travel to and from the regular residence in a period of time no greater than is reasonable under existing traffic conditions for purposes related to maintenance of the household.

(d) Licenses restricted to "daytime hours only" may only be used by the licensee to operate a motor vehicle from one-half hour before sunrise to one-half hour after sunset.

(2) The above list of restricted probationary licenses is not exclusive. The Division may impose additional restrictions on the use of the license with respect to time and purpose of use or impose any other condition or restriction deemed necessary to promote driver improvement or safety.

(3) All restricted probationary licenses issued by the Division may be used for travel to and from required alcohol programs.

(4) Licensees holding probationary licenses with the restriction "no recreational driving" are subject to the same driving restrictions as those applicable to licenses restricted to "essential driving only" under subsection (1) (c) above.

History

Authorizing statute(s): Sec. 61-2-302(1), MCA
Implementing statute(s): 61-2-302, MCA
History: NEW, 1985 MAR p. 1398, Eff. 9/27/85.

Subchapter 23.3.3 Qualifications for Highway Patrol Officers

Mont. Admin. R. 23.3.301 Highway Patrol Applicants

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): 44-1-103 MCA
Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA
History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

Mont. Admin. R. 23.3.302 Minimum Qualifications

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76; REP, 1988 MAR p. 72, Eff. 1/15/88.

Mont. Admin. R. 23.3.303 Application

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA
History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

Mont. Admin. R. 23.3.304 Procedure for Screening Applicants

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA
History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

Mont. Admin. R. 23.3.305 Procedure for Investigating Applicants

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 44-1-102, 44-1-303(2), Eff. 44-1-401 MCA
History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

Mont. Admin. R. 23.3.306 Appointments to Service

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76; REP, 1988 MAR p. 72, Eff. 1/15/88.

Mont. Admin. R. 23.3.307 Instructions to Medical Examiners

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA
History: Eff. 12/31/72; AMD, Eff. 12/5/76; REP, 1988 MAR p. 72, Eff. 1/15/88.

Mont. Admin. R. 23.3.311 Reinstatement of Former Members

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 44-1-102, 44-1-303(2), 44-1-401 MCA
History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

Subchapter 23.3.4 Traffic

Mont. Admin. R. 23.3.401 Emergency Vehicles

When a Highway Patrol officer observes a vehicle equipped with audible or visual signals which would identify such vehicle as an authorized emergency vehicle or police vehicle, and the officer has probable cause to believe that the vehicle does not have authorization for emergency vehicle status, enforcement action should be taken.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-9-226 and 61-9-227, and 61-9-401 and 402 MCA, Eff. 12/31/72
History: AMD, Eff. 12/5/76; AMD, 1980 MAR p. 1702, Eff. 6/27/80.

Mont. Admin. R. 23.3.402 Specific Ambulance or Tow Car Service Requested

Whenever a Highway Patrol officer investigates an accident where the owner or operator is contacted at the scene, the officer shall inquire of the owner and/or operator as to what tow car he or she desires and attempt to secure the same. If the owner and/or operator requests a tow car from a considerable distance and another tow car can be obtained much closer and in the officer's judgment, should be, because of the hazardous situation created by wrecked vehicles, then it will be the officer's responsibility to explain to the owner and/or operator the importance of eliminating the hazard created by the wrecked vehicles by requesting the nearest tow car. When the owner and/or operator requests a tow car from a considerable distance and the wrecked vehicle can be pushed off the travelled portion of the highway with the assistance of persons at the scene, this should be done instead of calling a local tow car just to remove the vehicle from the travelled portion of the highway, and in such instances the owner and/or operator shall be informed that it is his or her responsibility to guard the wrecked vehicle until the arrival of the requested tow car.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 44-1-102 MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.403 Officer to Request Ambulance or Tow Car Service

The Highway Patrol officer shall call the nearest qualified tow car service whenever the owner and/or operator:

(1) is absent from the accident scene;

(2) is injured to the extent of being incapable of normal conversation;

(3) is impaired by intoxication to the extent of being incapable of making a reasonable decision; or

(4) requests the member to select the tow car service.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 44-1-102 MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.404 Qualified Tow Car Service

In selecting the nearest tow car service the officer shall be governed by his or her past experience in securing prompt and adequate service, and his or her knowledge as to the availability of storage facilities to protect the vehicle, its accessories and its contents. In order to be qualified, towing services must meet the requirements of section 61-9-416 MCA.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 44-1-102 MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.405 Tow Car Service Rotation System

In localities where there are two or more tow car services, officers shall distribute tow car service calls on an equitable basis by an established "Tow Car Rotation System." The "Tow Car Rotation System" must be used when all tow car services are approximately the same distance from services requested. In establishing the rotation system officers must be assured by the participating agencies that:

(1) Service will be prompt;

(2) The agency has adequate equipment to properly, safely and quickly perform the services;

(3) The agency is subject to call 24 hours per day, 7 days a week and will accept service calls on that basis; and

(4) The agency has equipment to qualify under section 61-9-416 MCA.

History

Authorizing statute(s): 44-1-103 MCA
Implementing statute(s): 44-1-102 MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.406 Accepting Automobile Club Cards in Lieu of Bond

(1) For purposes of this rule, "card" means an Automobile Club Card or Guaranteed Arrest Bond Certificate.

(2) Officers may accept an authentic official card issued by any of the agencies recognized by the state auditor in lieu of cash bond.

(3) Prior to accepting a card in lieu of a cash bond, an officer shall ascertain that:

(a) It is an authentic and official card. AAA cards must carry the AAA symbol;

(b) The name on the card represents the person who possesses it. (Compare with the driver's license) ;

(d) The card has been signed by the owner.

(4) In accepting the card in lieu of a cash bond, officers, shall make a notation on the traffic citation in the blank, "Received $___ " such as: Name of club - member number in lieu of (amount of bond) . In such cases the appearance date should be set ahead at least 10 days for the processing of the card through the various offices.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 44-1-1101 and 44-1-1102, and 46-9-414 MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.407 Accepting Personal Items in Lieu of Bond

A Highway Patrol officer may not accept personal items (such as watches, cameras, tools, etc.) in lieu of cash bond. If an officer accepts personal items in lieu of a cash bond, he is financially responsible to the judge in an amount equivalent to the established bond for the specific violation.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 44-1-1101 and 44-1-1102 MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.408 Posting Bond Monies with Court

(1) Any monies collected as bail bond should be remitted to the justice of the peace within 5 days from the date such money was collected or accepted. All officers are subject to individual "on the spot" audit of their records and collection of monies. Any audit revealing any mishandling or misappropriation of monies or disobedience or non-compliance to this rule will subject the officer to dismissal or severe disciplinary action.

(2) Bond monies may not be accepted from any violators who have been released. Once released, the violator is within the jurisdiction of the court system. Violators who wish to post bond after release must be instructed to post bond with the nearest court, which court will then transmit the bond monies to the court of the appropriate jurisdiction.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 44-1-1101 and 44-1-1102 MCA, Eff. 12/31/72
History: AMD, Eff. 12/5/76; AMD, 1980 MAR p. 1703, Eff. 6/27/80.

Mont. Admin. R. 23.3.409 Out-of-State Violators

Officers may assume that an out of state violator will not answer a traffic citation once he has been allowed to leave the state. Therefore, officers should not allow such violators to proceed without first setting and accepting an appearance bond justifiable for the offense charged.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 44-1-1101 and 44-1-1102 MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.410 Recommendation for Reexamination

A reexamination ordered under section 61-5-207 MCA, requires evidence of incompetency or other disqualifications. Recommendations submitted by officers must be accompanied by a written statement describing the incompetency or other disqualification to provide a basis for ordering reexamination.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 1-5-207 MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.411 Surrender of Suspended, Revoked or Cancelled Drivers License

Persons refusing to surrender suspended, revoked or cancelled licenses on demand, should be issued a citation under section 61-5-302(4) MCA.

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): 61-5-302(4) MCA, Eff. 12/31/72.

Mont. Admin. R. 23.3.412 Abandoned Vehicles

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 61-8-705, 61-12-401 MCA
History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

Mont. Admin. R. 23.3.413 Aircraft Landings

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 41-1-102 MCA
History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

Mont. Admin. R. 23.3.414 Chemical Test Results to Be Confidential

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 61-8-402 MCA
History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

Mont. Admin. R. 23.3.415 Policy for Blocking Highways Due to Weather Conditions

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 44-1-103 MCA
Implementing statute(s): Sec. 44-1-102 MCA
History: Eff. 12/31/72; REP, 1988 MAR p. 72, Eff. 1/15/88.

Mont. Admin. R. 23.3.416 Uniform Approval of Motor Vehicle Safety Equipment

The state of Montana and the American Association of Motor Vehicle Administrators enter into the following agreement:

(1) The purpose is to provide a uniform procedure for approval of motor vehicle safety equipment components and/or assemblies to facilitate the approval and issuance of equipment approval certificates by jurisdictions as required by applicable statutes.

(2) Parties to agreement are the American association of motor vehicle administrators, a non profit association organized under the laws of the District of Columbia, of which each state and province of Canada is a member, hereinafter referred to as the association and each state of the United States; each province of Canada; the District of Columbia; the canal zone; Puerto Rico; hereinafter referred to as the jurisdiction.

(3) The association agrees to the following terms:

(a) The association agrees to receive requests from the manufacturers of automotive vehicles and manufacturers of after market components, parts, materials, and/or assemblies for approval and issuance of certificate of approval.

(b) The association agrees to conduct or have conducted tests to ascertain that the components, parts, materials, and/ or assemblies meet prescribed standards and/or specifications covering vehicle safety equipment. Such standards and/or specifications shall be those of the society of automotive engineers American standards association, or other recognized authority.

(c) The association agrees to issue uniform certificate of approval to the manufacturer or supplier submitting request, or notice of failure to meet required tests or procedures.

(d) The association agrees to furnish the jurisdiction with certificate of approval on all components, parts, materials, and/or assemblies as required by the statutes of the jurisdiction.

(e) The association agrees to maintain a list of approved safety equipment and make information available upon request.

(4) The jurisdiction agrees to the following terms:

(a) The jurisdiction agrees to permit the association to conduct or have conducted tests of vehicle safety equipment without cost to the jurisdiction.

(b) The jurisdiction agrees to accept association certificates of approval as the basis for issuance of jurisdictional certificates of approval, where such jurisdictional certificates are required by statute to be made by the appropriate governmental department or official.

(5) It is mutually agreed that the association may conduct its own tests or contract with approved testing laboratories for such tests, and may accept test results directly from an approved testing laboratory irrespective of whether the components, parts, materials, and/or assemblies covered by the test reports were submitted to the laboratory for testing by the association or by the manufacturer.

(6) It is further mutually agreed that the association may, upon its own motion or upon request by the jurisdiction, require additional or supplementary tests of components, parts, materials, and/or assemblies. When any previously approved component, part, material, and/or assembly fails to meet subsequent tests, the association shall cancel the previously issued certificate of approval and shall issue the manufacturer an appropriate notice of cancellation of certificate of approval. Notices of such cancellations shall be furnished the jurisdiction which will follow procedures established by its laws for cancellation of certificate issued. When permitted by applicable jurisdictional law, cancellation of a certificate of approval by the association shall constitute cancellation by the jurisdiction and notice of such cancellation shall be noted on lists of approved safety equipment compiled and maintained by the association and by the jurisdiction.

History

Authorizing statute(s): 44-1-103 MCA
Implementing statute(s): 44-1-102 MCA
History: NEW, Eff. 11/5/73.

Mont. Admin. R. 23.3.417 Standards for Protective Headgear

(1) The Department of Justice adopts and incorporates in these rules the American National Standard Institution (ANSI) Standard 290.1-1971, and the Federal Motor Vehicle Safety Standard (FMVSS) 218 (49 C.F.R. § 571.218)and all subsequent amendments to those standards.

(2) If there is any conflict between ANSI 290.1-1971 and FMVSS 218, FMVSS 218 controls.

(3) These standards apply to protective headgear to be worn by any motorcycle operator or passenger under 18 years of age.

(4) FMVSS 218 is found at 49 Code of Federal Regulations (C.F.R.) , section 571.218, "Motorcycle Helmets." Copies of ANSI Standard 290.1-1971 are available upon request from the Division of Motor Vehicles, Department of Justice, 303 Roberts, Helena, Montana 59620.

History

Authorizing statute(s): Sec. 61-9-417, MCA
Implementing statute(s): 61-9-417, MCA
History: NEW, Eff. 11/5/73.

Mont. Admin. R. 23.3.418 Standards for Child Safety Restraint Systems

All child safety restraint systems purchased after January 1, 1984, for use in motor vehicles to comply with the provisions of sections 61-9-419 through 61-9-423, MCA, must conform to federal standards outlined in Federal Motor Vehicle Safety Standard No. 213. The Division of Motor Vehicles, Department of Justice, hereby adopts and incorporates by reference Federal Motor Vehicle Safety Standard No. 213, in 49 C.F.R. part 571, which sets forth requirements and standards for child safety restraint systems. A copy of Federal Motor Vehicle Safety Standard No. 213, in 49 C.F.R. part 571 may be obtained from the Division of Motor Vehicles, Department of Justice, 303 Roberts, Helena, Montana 59620.

History

Authorizing statute(s): Sec. 61-9-420, MCA
Implementing statute(s): 61-9-419 to 61-9-423, MCA
History: NEW, 1984 MAR p. 1040, Eff. 7/13/84.

Mont. Admin. R. 23.3.419 Exemptions

The provisions and requirements of section 61-9-420(1) , MCA, do not apply to any child who, because of a physical or medical condition, or because of body size, cannot be placed in a child safety restraint system or safety belt.

History

Authorizing statute(s): Sec. 61-9-420, MCA
Implementing statute(s): 61-9-420, MCA
History: NEW, 1984 MAR p. 1040, Eff. 7/13/84.

Mont. Admin. R. 23.3.420 Safety Equipment for Fertilizer Trailers

Trailers designed for transporting and dispersing fertilizer shall comply with the following safety requirements:

(1) Unless the trailer is equipped with brakes in compliance with section 61-9-301, MCA, it may not be towed at a speed greater than 35 miles per hour.

(2) If the trailer is towed in a combination of more than two vehicles, the rear units of the combination shall be equipped with breakaway brakes.

(3) The trailer may be operated only in daylight hours unless it is equipped with lights in compliance with section 61-9-207, MCA.

(4) Unless the brake lights and turn signals of the motor vehicle towing the trailer are clearly visible from the rear, the trailer shall be equipped with brake lights and turn signals.

(5) The tow bar of the trailer shall be securely fastened to the towing unit, and an additional safety chain with a minimum diameter of three-eights inch or cable with a minimum diameter of one-fourth inch shall also be securely fastened to the towing unit.

(6) If the trailer is transporting anhydrous ammonia, it shall display appropriate department of transportation placards on all four sides of the tank.

History

Authorizing statute(s): Sec. 61-2-103, MCA
Implementing statute(s): Sec. 61-9-504, MCA
History: NEW, 1985 MAR p. 1858, Eff. 11/30/85.

Mont. Admin. R. 23.3.425 Exemptions from Seatbelt Law

(1) The provisions of section 61-13-103(1) , MCA, forbidding operation of a motor vehicle unless each occupant of a designated seating position is wearing a seatbelt, do not apply to an occupant of a motor vehicle who must in the course of his or her official job duties make such frequent stops that the public interest is best served by allowing an exemption. An occupant of a motor vehicle meets this requirement for exemption if, while performing his or her official job duties, the occupant:

(a) normally and as a matter of routine operates or rides in a motor vehicle;

(b) normally and as a matter of routine makes ten or more stops per mile;

(d) carries an exemption certificate issued by the department.

(2) The following occupants of a motor vehicle are exempt from the provisions of section 61-13-103(1) , MCA, if they are engaged in their official duties and are carrying an exemption certificate:

(a) persons providing garbage service;

(b) persons delivering newspapers house-to-house;

History

Authorizing statute(s): Sec. 61-13-103(3) MCA
Implementing statute(s): Sec. 61-13-103(2) (f) MCA
History: NEW, 1988 MAR p. 173, Eff. 1/29/88.

Mont. Admin. R. 23.3.426 Application for and Use of Exemption Certificate

(1) Persons who qualify for an exemption under ARM 23.3.425 may apply for an exemption certificate from the Department of Justice, Motor Vehicle Division, 303 Roberts, Helena, Montana. Application is made by completing and submitting an application on a form furnished by the department.

(2) If, upon review of the completed application, the department is satisfied that the applicant is eligible for an exemption, the department will issue an exemption certificate to the applicant.

(3) The exemption certificate must be carried in the motor vehicle being operated for official duties as proof of an exemption and the certificate is valid only while the exempted person is engaged in official duties.

(4) The exemption certificate must be exhibited upon demand of a judge or a peace officer.

(5) An exemption certificate is valid for two years from the date of issuance. An application for renewal must be filed within 30 days after expiration or a completely new application for exemption will be required.

(6) The department must be notified within 30 days of any change in information upon which an exemption is based.

History

Authorizing statute(s): 61-3-103(3) MCA
Implementing statute(s): Sec. 61-3-103(2) (f) MCA
History: NEW, 1988 MAR p. 173, Eff. 1/29/88.

Subchapter 23.3.5 Licensing Operators of Commercial Motor Vehicles

Mont. Admin. R. 23.3.501 Scope of Subchapter; Duties of Owner-Operators

(1) The rules in this subchapter establish minimum qualifications for commercial motor vehicle operators, and provide for methods of testing those qualifications.

(2) These rules do not prohibit a motor carrier from imposing more stringent or additional qualifications, requirements, examinations, or certificates.

(3) A motor carrier who employs himself as a commercial motor vehicle operator must comply with these rules.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 20-10-103, 61-5-102, 61-5-104 to 61-5-108, 61-5-110 to 61-5-116, 61-5-305, 61-5-306 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88.

Mont. Admin. R. 23.3.502 Definitions

Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule.

(1) "Bureau" means the Driver Services Bureau, unless otherwise specifically stated.

(2) "CDL skills test" means a test given to applicants for a commercial driver's license and commercial endorsements. A skills test is comprised of the following three components:

(a) vehicle inspection test;

(b) basic control skills; and

(3) "Certificate of employment/experience" means a certificate completed by the applicant's employer, or the applicant in the case of an owner/operator, stating the applicant's length of employment, the type(s) of vehicles operated, and the amount of experience in each type of vehicle if more than one.

(4) "Classifications" means that each type 1 or type 2 CDL is classified as to the class of vehicle authorized to be driven, as follows:

(a) "Class A" authorizes driving any combination of two or more vehicles, including articulated buses with a GCVWR exceeding 26,001 lbs. and also all vehicles authorized to be driven under class B and C or with a regular driver's license (Class D);

(b) "Class B" authorizes driving any single vehicle in excess of 26,001 lbs. GVWR, or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR, or any bus which exceeds 26,001 lbs. GVWR and is capable of carrying more than 15 passengers including the driver, and all vehicles under Class C and vehicles authorized to be driven with a regular driver's license (Class D);

(c) "Class C" authorizes driving any single vehicle less than 26,001 lbs. GVWR or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR when the vehicle(s) are or must be placarded for hazardous materials under the provisions of 49 CFR 172, or any bus or van in this weight class capable of carrying 16 or more passengers including the driver (Class D).

(5) "Commercial driver's license (CDL)" means a license issued to an individual under or granted by the laws of this state which authorizes the individual to operate a class of a commercial motor vehicle. There are two types of CDLs:

(a) "Type I" allows the operation of a commercial motor vehicle for interstate commerce.

(b) "Type II" allows the operation of a commercial motor vehicle within the state of Montana.

(6) "Commercial learner's permit (CLP)" means a permit issued to an individual under or granted by the laws of this state which, when carried with a valid Class D license, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a CMV for which the holder's current CDL is not valid.

(7) "Commercial motor vehicle" means all vehicles or combinations of vehicles with a GCVWR of 26,001 lbs. or more, a school bus, or any other bus capable of hauling more than 15 passengers including the driver, or a vehicle used to transport hazardous materials if the vehicle transports such materials in a quantity requiring the display of hazardous materials placards under federal hazardous materials regulations, i.e., the vehicle has a GVWR of 10,001 lbs. or more. Any vehicle registered as a "farm vehicle" and paying the 16% gross vehicle weight fee is not considered a commercial motor vehicle. A recreational vehicle or R.V. is not considered a commercial motor vehicle unless it is used for commercial purposes.

(8) "Commercial Skills Test Information Management System (CSTIMS)" is an internet-based tool that provides a consistent way to track the scheduling and entry of test results for commercial skills tests by state and third-party examiners.

(9) "Department" means the Montana Department of Justice, unless otherwise specifically stated.

(10) "Disqualification" is a status in which the holder of a commercial driver's license is no longer authorized to operate commercial vehicles as provided in 49 CFR 391.

(11) "Division" means the motor vehicles division, unless otherwise specifically stated.

(12) "Driver's license" or "class D license" means a license to operate normal passenger cars, light trucks, and other vehicles which are not commercial motor vehicles.

(13) "Endorsement" means an endorsement on a commercial driver's license indicating that the driver meets the qualifications required to operate a commercial motor vehicle that requires special knowledge and skill.

(a) "Double/triple endorsement" is a separate endorsement required of all drivers who pull double or triple trailers.

(b) "Hazardous materials endorsement" is an endorsement required of all drivers who operate a commercial motor vehicle that requires hazardous materials placards under the provisions of 49 CFR 172.

(c) "Passenger endorsement" is an endorsement required of all drivers who carry 16 or more passengers, including the driver, while operating a bus or van.

(d) "School bus endorsement" is an endorsement required for all drivers who operate a school bus.

(e) "Tank endorsement" is an endorsement required of all drivers who transport bulk liquid materials in tanks permanently or temporarily attached to the vehicle with an individual rated capacity of more than 119 gallons and an aggregated rated capacity of 1,000 gallons or more.

(14) "Examiner" means an employee of the bureau, assigned to perform the duties of examining drivers.

(15) "Federal waiver or exemption" means the waiver or exemption described in federal 49 CFR 391.49 and 391.61.

(16) "Gross Combined Vehicle Weight Rating (GCVWR)" means the total of the combined manufacturer's weight ratings, or the total of the combined current registered gross vehicle weights, whichever is greater, of all vehicles operated as a combination unit.

(17) "Gross Vehicle Weight Rating (GVWR)" means the manufacturer's rated capacity for the vehicle in question, or the current registered gross vehicle weight, whichever is greater.

(18) "Hazardous material" means any material listed in the federal Hazardous Materials Tables, 49 CFR 172.

(19) "Medical certificate" means the medical certificate described in 49 CFR 391.43.

(20) "Medical statement" means a statement prepared by the driver/applicant regarding his medical condition.

(21) "Nonexempt commercial driver's license applicant" means an applicant for a commercial driver license, passenger endorsement, school bus endorsement, or hazardous material endorsement who cannot prove to the department's satisfaction that they are exempt from completing the training required as provided in 49 CFR 383.71. The department may exempt the applicant if:

(a) the department's records substantiate the applicant previously held the applicable commercial license or endorsements; or

(b) the applicant receives verification from a state where the applicant previously held the applicable commercial license or endorsement.

(22) "Nonresident commercial driver's license" means a commercial driver's license issued by the state to an individual who resides in a foreign country.

(23) "One license affidavit" means an affidavit completed by the applicant certifying that the applicant is not licensed in any other jurisdiction.

(24) "Out of service" means an order to preclude further operation of a commercial motor vehicle by its driver for a specified period of time or until a required condition is met.

(25) "Placards, or hazardous materials placards" are defined and required as provided in the federal Hazardous Materials Communications Regulations, 49 CFR 172.

(26) "Residence for the purpose of obtaining a commercial driver's license" means any licensed commercial motor vehicle operator who has resided in this state for a period exceeding 30 days is considered to be a resident for the purpose of being licensed to operate a commercial motor vehicle and must thereafter be licensed under the laws of the state before operating a commercial motor vehicle.

(27) "Third-party CDL skills test examiner” means an individual who has been trained and certified by the division to administer CDL skills tests.

(28) "Third-party CDL skills testing program" means an entity authorized by the motor vehicle division to operate a CDL skills testing program and provide third- party skills test examiner(s) to administer CDL skills tests.

History

Authorizing statute(s): 61-14-202, MCA
Implementing statute(s): 20-10-103, 61-5-102, 61-5-104, 61-5-105, 61-5-106, 61-5-107, 61-5-108, 61-5-110, 61-5-111, 61-5-112, 61-5-113, 61-5-114, 61-5-115, 61-5-116, 61-5-305, 61-5-306, MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89; AMD, 2019 MAR p. 176, Eff. 2/9/19; AMD, 2023 MAR p. 1089, Eff. 9/23/23.

Mont. Admin. R. 23.3.503 Eligibility for Type 1 Endorsement

(1) A person is eligible to receive a type 1 endorsement if the person:

(a) is at least 21 years old;

(b) can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records;

(d) can determine whether the cargo transported (including baggage in a passenger carrying vehicle) has been properly placed, distributed, and secured in or on the commercial motor vehicle driven;

(e) is familiar with methods and procedures for securing cargo in or on the commercial motor vehicle driven;

(f) is physically qualified in accordance with ARM 23.3.504;

(g) has been issued a currently valid Montana driver's license;

(h) is not ineligible to drive a commercial motor vehicle under (2) of this rule.

(2) A person is ineligible to receive a type 1 endorsement if:

(a) the person has less than 24 months experience operating a commercial motor vehicle unless he or she presents a certificate of employment/experience from an employer licensed or authorized to do business in interstate commerce;

(b) the person is disqualified or has committed violations which would disqualify him or her under federal regulations, 49 C.F.R. 391.15;

(d) the person's driver's license is cancelled, suspended, or revoked by any state;

(e) the person's driver's license has been placed on a probationary status by the department for conviction(s) resulting from violation(s) occurring while the driver was operating a commercial motor vehicle;

(f) the person has had in his/her possession while operating a commercial motor vehicle more than one valid driver's license.

(3) The type 1 endorsement of a person who becomes ineligible under these rules or federal regulations is invalid for the period of ineligibility, and the person must submit his/her driver's license to the department for removal of the endorsement. Failure of the driver to submit the license for removal of the endorsement is grounds for cancellation of the endorsement under the provisions of section 61-5-201, MCA.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-104, 61-5-105, 61-5-110 to 61-5-112, 61-5-201 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

Mont. Admin. R. 23.3.504 Physical Qualifications for Type 1 Endorsement

(1) A person may not be issued, nor may he/she retain a type 1 endorsement, unless he/she is physically qualified to have the endorsement and has on his/her person the original or a photographic copy of a medical certificate certifying he/she is physically qualified to operate a commercial motor vehicle as required in federal regulations, 49 C.F.R. 391.43.

(2) A person is physically qualified to hold a type 1 endorsement if he/she:

(b) has no established medical history or clinical diagnosis of diabetes mellitus currently requiring the use of insulin for control;

(c) has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure;

(d) has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a motor vehicle safely;

(e) has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a motor vehicle safely;

(f) has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, or vascular disease which interferes with his/her ability to control and operate a motor vehicle safely;

(g) has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle;

(h) has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a motor vehicle safely;

(i) has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses, or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors on traffic signals and devices showing standard red, green, and amber;

(j) first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 50 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard Z24.5-1951;

(k) does not use an amphetamine, narcotic, or any habit-forming drug; and

(l) has no current clinical diagnosis of alcoholism.

(3) If a commercial driver cannot meet the physical qualifications set forth in this section, he or she may attempt to qualify for a type 2 commercial operator's endorsement (intrastate operation only) under the provisions of ARM 23.3.506 and, if so qualified, will be issued a Montana medical qualification card valid for the life of the current commercial license.

(4) Upon renewal, persons having qualified under section 3 above shall present a federal D.O.T. medical card, or complete the medical statement contained as a part of the commercial vehicle operator's endorsement application, and may be required to furnish a report from a physician indicating whether the condition(s) has worsened or whether any other disqualifying condition exists.

History

Authorizing statute(s): Secs. 61-5-112, 61-5-117, 61-5125 MCA
Implementing statute(s): Secs. 61-5-104, 61-5-105, 61-5-110 to 61-5-112, 61-5-201 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1990 MAR p. 2114, Eff. 11/30/90.

Mont. Admin. R. 23.3.505 Eligibility for Type 2 Endorsement

(1) A person is eligible to receive a type 2 endorsement if the person:

(a) is at least 18 years of age;

(b) can safely operate the type of commercial motor vehicle driven;

(c) can determine whether the cargo he/she transports (including baggage in a passenger carrying vehicle) has been properly placed, distributed, and secured in or on the commercial motor vehicle driven;

(d) is familiar with methods and procedures for securing cargo in or on the commercial motor vehicle driven;

(e) is physically able to meet the requirements of ARM 23.3.504(1) and (2) or, if unable to meet those requirements, meets the requirements of ARM 23.3.506 and complies with ARM 23.3.507;

(f) has been issued a currently valid Montana driver's license;

(g) is not otherwise ineligible to operate a motor vehicle;

(h) has successfully completed the required driving examination (or presented a certificate of employment/experience in the case of an exchange or conversion);

(i) has, in the case of a new applicant, successfully completed a written examination appropriate to the class or type of endorsement applied for.

(j) certifies that he/she operates solely in intrastate activities and that he/she is not subject to 49 C.F.R., part 391.

(2) A person is ineligible to receive a type 2 endorsement if:

(a) the person has less than 12 months licensed driving experience;

(b) the person is disqualified or has committed violations which would disqualify him or her under federal regulation, 49 C.F.R., part 391.15;

(d) the person's driver's license is cancelled, suspended, or revoked by any state;

(f) the person has had in his/her possession while operating a commercial motor vehicle more than one valid driver's license.

(3) The type 2 endorsement of a person who is disqualified under these rules or federal regulations is invalid for the period of ineligibility, and the driver must submit his/her driver's license to the department for removal of the endorsement. Failure of the driver to submit the license for removal of the endorsement is grounds for cancellation of the endorsement under the provisions of 61-5-201, MCA.

History

Authorizing statute(s): 61-5-112, 61-5-125, MCA
Implementing statute(s): 61-5-104, 61-5-105, 61-5-110, 61-5-111, 61-5-112, 61-5-201, MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89; AMD, 1990 MAR p. 2114, Eff. 11/30/90; AMD, 2014 MAR p. 117, Eff. 1/17/14.

Mont. Admin. R. 23.3.506 Physical Qualifications for Type 2 Endorsement

(1) A person may not be issued, nor may he/she retain a type 2 endorsement, unless he/she:

(a) has no loss of a foot, a leg, a hand, or an arm; no impairment of a hand or finger which interferes with prehension or power grasping; no arm, foot, leg, or limb impairment which interferes with the ability to perform normal tasks associated with operating a motor vehicle; or he/she has been granted a federal waiver or exemption or has demonstrated through a road test that the loss or impairment of a limb or extremity does not significantly affect his/her driving ability as determined by the examiner who conducts the test;

(b) has no established medical history or clinical diagnosis of diabetes mellitus currently requiring the use of insulin for control, unless he/she supplies a statement from his/her physician which indicates that he/she has not suffered from any loss of consciousness or control from the condition for the preceding 3 years, and that the condition is currently controlled;

(d) has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a motor vehicle safely;

(e) has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a motor vehicle safely;

(g) has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle unless he/she has not had any episode of loss of consciousness or control within the preceding 5 years as certified by his/her physician;

(h) has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a motor vehicle safely;

(i) has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses, or visual acuity separately corrected in one or both eyes to 20/40 (Snellen) or better with corrective lenses. Applicants with binocular vision shall have a field vision of at least 70° in the horizontal meridian in each eye, and monocular applicants shall have a field vision of at least 70° temporal and 30° nasal;

(j) first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard Z24.5-1951;

(k) does not use:

(i) any drug or substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, narcotic, or any habit-forming drug; or

(ii) any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in 49 CFR 382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle; and

(l) has no current clinical diagnosis of alcoholism.

History

Authorizing statute(s): 61-5-112, 61-5-125, MCA
Implementing statute(s): 61-5-104, 61-5-105, 61-5-110, 61-5-111, 61-5-112, MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89; AMD, 2014 MAR p. 117, Eff. 1/17/14.

Mont. Admin. R. 23.3.507 Medical Statement Required for Type 2 Endorsement--Exception

(1) An applicant for a type 2 endorsement must complete a medical statement on a form supplied by the department unless he/she presents a current medical certificate. The statement includes:

(a) the applicant's full name as it appears on the Montana driver's license or application;

(b) the applicant's date of birth;

(d) whether or not the applicant has a current federal waiver or exemption, and, if so, for what condition;

(e) whether or not the applicant has a loss of a foot, a leg, a hand, or an arm;

(f) whether or not the applicant has an impairment of any limb or extremity;

(g) whether or not the applicant has an established medical history or clinical diagnosis of diabetes mellitus, currently requiring insulin for control, and, if so, the date of the last episode or treatment;

(h) whether or not the applicant has a current clinical diagnosis of heart disease or cardiovascular disease of a variety known to be accompanied by fainting, dizziness, shortness of breath, collapse, or congestive cardiac failure, and, if so, the name of the condition and the date of the last episode or treatment;

(i) whether or not the applicant has an established medical history or clinical diagnosis of a respiratory disease;

(j) whether or not the applicant has an established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, or vascular disease which could interfere with his ability to perform the normal tasks associated with the operation of a motor vehicle;

(k) whether or not the applicant has an established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of muscular or motor control, and if so, the name of the condition and the date of the last episode;

(l) whether or not the applicant has a mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with ability to drive a motor vehicle safely;

(m) whether or not the applicant wears corrective lenses for correction of distant vision;

(n) whether or not the applicant uses amphetamines, narcotics, or any habit forming drugs;

(o) whether or not the applicant has a current clinical diagnosis of alcoholism;

(p) the signature of the applicant swearing or affirming that the items in the medical statement are true and correct to the best of his/her knowledge and belief.

(2) If the applicant has any condition set forth in items (f) through (o) , the applicant may be required to submit a statement from his physician which includes, but is not limited to:

(a) the current clinical diagnosis of the condition in question;

(b) the date(s) , within the last 5 years, of any episode of the conditions which resulted in a loss of consciousness or control, or which prevented the driver from operating a motor vehicle;

(i) known side effects of each medication(s) which could tend to affect the driver's state of consciousness, vision, or muscular control;

(ii) whether or not the side effects noted have been exhibited or reported by the driver;

(iii) a statement indicating whether the condition is chronic or temporary and, if chronic, whether controlled or advancing.

(3) If it is determined from the information contained in the physician's statement that the driver is subject to loss of consciousness, motor control, mental alertness, or skeletomuscular freedom of movement to a degree which affects his ability to operate a motor vehicle, either from his condition or from medication, the application must be denied.

(4) A medical statement is not required if an applicant drives a commercial motor vehicle exclusively for one of the following activities:

(a) as a federal, state, or local government employee;

(b) to transport human corpses or sick or injured persons;

(d) to primarily transport propane winter heating fuel when responding to an emergency condition requiring immediate response, such as damage to a propane gas system after a storm or flooding;

(e) if responding to a pipeline emergency condition requiring immediate response, such as a pipeline leak or rupture;

(f) when custom harvesting on a farm or transporting custom-harvested crops to storage or market;

(g) as a beekeeper in the seasonal transportation of bees; or

(h) as a farm vehicle operator, except when operating a combination commercial motor vehicle.

History

Authorizing statute(s): 61-14-202, MCA
Implementing statute(s): 61-5-102, 61-5-104, 61-5-105, 61-5-106, 61-5-107, 61-5-110, 61-5-111, 61-5-112, 61-5-113, 61-5-201, 61-5-206, 61-5-207 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89; AMD, 2023 MAR p. 766, Eff. 8/5/23.

Mont. Admin. R. 23.3.508 Application for Endorsement

(1) An applicant for any type or class endorsement must successfully complete a vision examination, and new applicants must successfully complete a written and driving examination as designated for the type(s) and class(es) of endorsement(s) applied for.

(2) An applicant for either type commercial motor vehicle endorsement must pay the fee for the type of endorsement (type 1 or type 2) applied for as a portion of his application. No examination will be conducted nor will any endorsement be issued until the required fee is paid. There is no fee for hazardous material, passenger, double/triple or tank endorsement(s) to a driver's license.

(a) Payment of the required fee entitles the applicant to 3 attempts of the examination within 6 months from the date of application except that no fee examinations shall be limited to 6 attempts within 6 months. If the applicant has not successfully completed the application within the 6-month period, the fee is forfeit, and any receipts or permits issued as a result of payment of the fee are void and must be returned to the department. A failure of an eye test is not an attempt at the examination.

(3) Each application for a new or renewal commercial motor vehicle endorsement must include:

(a) the applicant's full name as it appears on his/her Montana driver's license or application for a Montana driver's license;

(b) a description of the applicant's physical characteristics, including height, weight, hair and eye color;

(d) the applicant's social security number which, in the case of all commercial motor vehicle endorsements, becomes a part of the applicant's permanent record and it will be submitted, as required by federal regulations, to the Commercial Driver License Information System (CDLIS) . The applicant's driver's license number may be the social security number or, if the applicant chooses, a number assigned by the department;

(e) an acknowledgement by the examiner of his observation of a current medical certificate (required for type 1 endorsements) or his approval of a medical statement (required for type 2 endorsements) in the name of the applicant. All medical statements and medical supplements will be attached to and become a part of the application;

(i) In the event a medical statement cannot be approved by the examiner, that fact will be noted and the medical statement sent to headquarters for review.

(ii) In the event the examiner has knowledge that the applicant's medical condition has changed since the issuance of a medical certificate, the examiner may require a more recent certificate.

(f) whether or not the applicant is currently licensed in, or has an active record in, any other state(s) , a list of the state(s) , if any, and the license numbers assigned to him/her;

(i) No commercial motor vehicle endorsement may be issued to an applicant who is licensed or has an active record in any other state, unless the applicant surrenders the license(s) or, in the case of active record(s) , provides a statement that the license(s) in question have been lost or returned to the state(s) of issuance. The surrendered license(s) or statement(s) must be attached to the application, and will be returned to the state(s) of issuance by the department.

(ii) An applicant who denies licensure, or having an active record(s) in any other state(s), and is later found to have been licensed or to have an active license record(s) at the time of application is ineligible for a commercial motor vehicle endorsement, and the endorsement(s) will be cancelled as provided in section 61-5-201, MCA.

(g) whether or not the applicant has ever had a driver's license, permit, endorsement, or privilege to drive cancelled, suspended, revoked, or denied by this state or any other state(s) . If the answer is yes, the applicant must identify all action(s) taken, the date(s) of the action(s) , the state(s) where the action (s) were taken, and the ending dates of the action(s) ;

(i) No commercial vehicle endorsement may be issued to an applicant who is currently suspended or revoked by this or any other state.

(ii) An applicant who denies an action by this or any other state against his/her driver's license or driving privilege who is later found to have had such an action taken, and to have had a clear opportunity to have knowledge of the action, is ineligible for a commercial motor vehicle endorsement, and the endorsement(s) will be cancelled as provided in section 61-5-201, MCA.

(h) whether or not the applicant has knowledge and understanding of the state and federal regulations governing the operation of commercial motor vehicles. If the answer is no, the applicant is ineligible to receive a commercial motor vehicle endorsement.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-111, 61-5-112 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

Mont. Admin. R. 23.3.509 Certificate of Employment

(1) The certificate of employment/experience, which may be issued singly or as part of an application for a commercial motor vehicle operator's endorsement, is on a form furnished by the department, and includes:

(a) the full name of the applicant as it appears on his/ her Montana driver's license or application;

(b) the applicant's date of birth;

(d) the name and title of the person making the certification and the name of the company which employs the certifier;

(e) in the case of an owner/operator, the license number of at least one commercial vehicle registered to him/her;

(f) the length of employment for this employer, or in the case of a new hire or currently unemployed individual, the name and length of service as a commercial motor vehicle operator for the most recent employer as shown on the application for employment;

(g) a list of the type(s) of vehicles driven and whether the vehicles have air or air/combination brakes, each followed by the cumulative length of experience in that type;

(h) in the case of a new hire or person with less than 3 months employment, a brief statement outlining any driver training conducted by the employer;

(i) the notarized signature of the certifier swearing or affirming that the items in the certification are true and correct to the best of his/her knowledge or belief;

(j) the signature of the applicant swearing or affirming that the information provided to the employer and used to complete the certification is true and correct to the best of the applicant's knowledge and belief.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-102, 61-5-104 to 61-5-107, 61-5-110 to 61-5-113 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

Mont. Admin. R. 23.3.510 One License Affidavit

(1) The one license affidavit, which may be issued singly or as part of an application for a commercial motor vehicle operator's endorsement, is completed on a form furnished by the department and contains:

(a) the full name of the applicant as it appears on his/her Montana driver's license or application;

(b) the applicant's date of birth;

(d) whether or not the applicant is currently licensed to drive a motor vehicle in any other jurisdiction(s) and, if so, which jurisdiction(s) , the license number(s) assigned, and the expiration date(s) of the license(s) ;

(e) whether or not the applicant is currently licensed or endorsed to drive a commercial motor vehicle by any other jurisdiction(s) and, if so, which jurisdiction(s) , the license number(s) assigned, and the expiration date(s) of the license(s) ;

(f) whether or not the applicant has an active license record in any other jurisdiction(s) and, if so, which jurisdiction(s) ;

(g) the signature of the applicant swearing or affirming that the information given in the one license affidavit is true and correct to the best of his/her knowledge and belief.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-102 to 61-5-107, 61-5-110 to 61-5-112, 61-5-114 to 61-5-116 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88.

Mont. Admin. R. 23.3.511 Scheduling Examinations

(1) An applicant for a commercial motor vehicle endorsement may make application, present medical certificates or medical statements, certificates of employment/experience, and one license affidavits, and take the vision and written examination at any driver services examination station during normal business hours.

(2) The driving examination for a class A endorsement is given on an appointment basis. Upon successful completion of all other requirements for a class A endorsement, the examiner will schedule an appointment at a class A examination station closest or most convenient to the applicant. At the request of the applicant, an examination will be scheduled in the applicant's home county within 90 days from the date of application.

(a) It is the applicant's responsibility to appear at the appointed time and place, and to provide a vehicle in good working order suitable to the class A endorsement applied for.

(b) If the applicant does not appear, or appears more than 15 minutes late for the scheduled appointment, or provides a vehicle that does not meet the requirements for the classification applied for, or that is unsafe or not in good working order, his appointment will be cancelled, or reset to the next available time.

(c) If the applicant has had an appointment cancelled due to nonappearance and had not informed the bureau of his inability to keep the appointment at least 24 hours prior to the scheduled time, a reappointment fee of $20 may be required to establish another appointment.

(i) Fees collected under this provision shall be used by the bureau to abate the travel costs of commercial vehicle examiners.

(ii) Reappointment fees may be waived if the appointee was incapacitated and unable to contact the bureau.

(d) If an applicant does not accept the appointment offered, it is the applicant's responsibility to obtain his/her own appointment by contacting the examiner in the area in which an appointment is desired.

(3) The driving examination for a class B endorsement is given at the examination station on a first-come, first-served basis, unless city ordinance or restriction or congestion of the test route limits its use. In that event, the examination is given as in (1) of this rule. It is the applicant's responsibility to provide a truck or bus in good working order suitable for the class B endorsement.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-110, 61-5-112 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

Mont. Admin. R. 23.3.512 Written Tests for Endorsements

(1) Separate written tests will be given for each type or class of endorsement.

(2) Written tests for type 1 endorsements consist of 50 questions relating to the operating characteristics of articulated vehicles, multi-unit vehicles, and vehicles with a GVWR of 26,001 lbs. or more; applicable federal regulations; Montana laws relating to driver responsibilities, movement of traffic, vehicle size and weight, vehicle equipment, road signs, and safety practices. The maximum score for the type 1 endorsement written test is 100. Two points are deducted for each incorrectly marked answer or unanswered question. The minimum passing score is 80.

(3) Written tests for type 2 endorsements consist of 40 questions relating to the operating characteristics of articulated vehicles, multi-unit vehicles, and vehicles with a GVWR of 26,001 lbs. or more; Montana laws relating to driver responsibilities, movement of traffic, vehicle size and weight, vehicle equipment, road signs, and safety practices. The maximum score for the type 2 written test is 100. Two and one-half points are deducted for each incorrectly marked answer or unanswered question. The minimum passing score is 80.

(4) Written tests for hazardous materials and tank endorsements consist of 20 questions relating to the handling, storage, driver responsibilities, and reporting requirements relating to hazardous materials, and the operating characteristics, driver responsibilities, and load shift characteristics of tank vehicles. The maximum score for hazardous material or tank endorsement written tests is 100. Five points are deducted for each incorrectly marked answer or unanswered question. The minimum passing score is 80.

(5) Written tests for passenger endorsements consist of 20 questions relating to special driver responsibilities, handling characteristics, operating requirements, state and federal laws and regulations, and safety practices relating to the operating of passenger carrying vehicles. The maximum score for the passenger endorsement written test is 100. Five points are deducted for each incorrectly marked or unanswered question. The minimum passing score is 80.

(6) Written tests for double/triple endorsements consist of 20 questions relating to special driver responsibilities, special handling and operating characteristics and state and federal laws and regulations regarding the operation of double/triple trailer combinations. The maximum score for the double/triple trailer endorsement written test is 100. Five points are deducted for each incorrectly marked answer or unanswered question. The minimum passing score is 80.

(7) Written tests for air brake operation will consist of 10 questions relating to the operating characteristics of air or air/combination braking systems, safety factors, and applicable state and federal laws and regulations. The maximum score for the air brake test is 100. Ten points are deducted for each incorrectly marked answer or unanswered question. The minimum passing score is 80.

(8) Illiterates are:

(a) ineligible to receive a type 1 endorsement;

(b) eligible to receive a type 2 endorsement if they are examined orally by the examiner and pass the oral test.

(9) Applicants observed cheating on the written test are immediately failed.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-110, 61-5-112 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

Mont. Admin. R. 23.3.513 Disqualification of Vehicle for Examination

(1) A vehicle used for the driving portion of a commercial motor vehicle operator's endorsement examination must be in safe operating condition, properly registered, insured, and, if loaded, have the load properly secured.

(2) An examination will be denied if:

(a) the vehicle is loaded with any hazardous material;

(b) the vehicle is improperly or illegally loaded;

(i) absence of braking action upon application of the service brakes;

(ii) observably missing, loose, or broken mechanical components;

(iii) audible air leak at brake chamber;

(iv) unbalanced steering axle braking, observable during operation when the vehicle or a component of the vehicle swerves noticeably upon application of the service brake;

(v) no brakes on the vehicle or combination of vehicles are applied upon activation of the parking brake system;

(vi) a low pressure warning device that is missing or inoperative at 55 PSI and below;

(vii) any hydraulic brake system which has:

(A) no pedal reserve with engine running, except by pumping pedal;

(B) a brake failure or low fluid warning light on;

(d) the vehicle has any frame member that is:

(i) cracked, loose, or broken so as to adversely affect support of functional components such as steering gear, fifth wheel, engine, transmission, suspension, or body parts;

(ii) cracked, loose, sagging, or broken, permitting shifting of the body onto moving parts or other condition indicating imminent collapse of the frame;

(e) the vehicle exhibits any condition, including loading, that causes the body, frame, or load to be in contact with a tire or any part of a wheel assembly;

(f) the vehicle's tires are:

(i) worn to the point that any part of the breaker strip or casing ply is showing in the tread area;

(ii) labeled "not for highway use";

(iii) flat, or noticeably leaking;

(g) the vehicle's wheels and rims are bent, broken, cracked, improperly seated, or sprung, or have mismatched lock or side rings;

(h) the vehicle is not currently registered;

(i) the vehicle is not currently insured, or does not have a valid insurance certificate;

(j) the vehicle is not in running condition sufficient to complete the driving test.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-110, 61-5-112 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88.

Mont. Admin. R. 23.3.514 General Rules for Driving Examinations for Class a , B , and C Endorsements

The following rules apply to class A, B, and C endorsement driving examinations:

(1) When a driving examination is required for a passenger endorsement, the examination must be conducted in a passenger vehicle capable of carrying more than 15 passengers including the driver which is within the passenger class applied for. Successful completion of such an examination will authorize the applicant to operate any other type(s) of vehicle within the class.

(2) Unless an exception is appropriate, only the examiner and the applicant may be in the vehicle during the examination. No exception may be granted unless the vehicle has appropriate seating for at least 3 occupants, and an excepted passenger will not interfere with the applicant's operation of the vehicle or the examiner's ability to observe the applicant. An example of a situation where an exception is appropriate is a case in which the applicant requires the services of an interpreter or a translator.

(3) The examiner will determine, based on the road conditions, the test route, the weather, and the vehicle to be driven, whether or not to proceed with a drive test. If completion of a drive test is questionable due to the above factors, and the applicant has been so advised by the examiner, the test shall be counted as a failure if the applicant insists that the test be given but is unable to complete it due to those conditions.

(4) If the applicant's vehicle comes into physical contact with another vehicle, a pedestrian, or a fixed object, except slight bumper contact in a parking or backing maneuver or contact with a pedestrian by the pedestrian's intent, the test will be immediately discontinued and counted as a failure.

(5) If an accident involving another vehicle or a pedestrian occurs during a drive test the applicant must report the accident to the appropriate law enforcement agency if there is any visible damage, injury, or complaint of injury.

(6) If any of the following events occur, the applicant is failed and the test will be discontinued:

(a) dangerous action that would cause another driver or pedestrian to take defensive action, such as stalling the vehicle within a busy intersection, or driving one or more wheels over the curb or onto a sidewalk;

(b) clear violation of any traffic law;

(c) lack of cooperation, refusal to perform, an offer of a bribe or gratuity, or willful disobedience of a direction from the examiner;

(d) various or repeated minor mistakes, causing the deduction of more than the permitted number of points from the driving test score.

(7) Whenever an applicant is failed and a test discontinued, the examiner decides whether the vehicle may be returned to the starting point of the examination by the applicant or parked in a safe place for later pick-up by another driver or a tow car.

(8) Test routes for class A endorsements will be established in each county. Each test route will be mapped and approved by the commercial vehicle operator program supervisor, who will maintain a current file of approved class A routes. Driving test routes for class B and C endorsements will be as described in ARM 23.3.122 of this chapter, unless city ordinances or congestion interfere, in which case the route shall be the same as, or a portion of, the class A route.

(9) The applicant for a class A, B, or C endorsement, as a portion of the examination, will demonstrate to the examiner a "pre-trip" inspection of his vehicle and will be graded on the conduct of the inspection. The inspection includes:

(a) service brakes, including trailer brake connections, if any;

(b) parking (hand brake) ;

(d) lighting devices and reflectors;

(e) tires and wheels;

(f) horn;

(g) windshield wiper(s) ;

(h) rear vision mirror(s) ;

(i) coupling devices, if any;

(j) security of load, if any, and security of trailer doors, if any;

(k) emergency equipment required for the type of vehicle used;

(l) a visual check of the vehicle and load, if any, for loose equipment or cargo that could become detached during operation and cause a traffic hazard;

(m) oil, water, belts, and fuel;

(n) engine starting;

(o) instrument functions;

(p) adjustment of side mirrors and condition of windows and mirrors;

(q) fluid leaks;

(r) foot and hand brake operation with vehicle in motion.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-110, 61 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

Mont. Admin. R. 23.3.515 Driving Examination for Class A, B, and C Endorsements

(1) The driving examination for class A, B, and C endorsements is given over a test route divided into scoring sections. Up to 6 behaviors are scored at each scoring section. The accumulation of 25 errors constitutes failure of the test.

(2) "Stopping" occurs when the driver begins deceleration to a stop and ends when he has pulled away after the stop. Stopping is scored at the first 5 places along the test route where the driver must come to a complete stop. Scoring ceases after 5 scoreable stops. The following elements of stopping are scored:

(a) Downshifting. When downshifting is properly done the transmission is shifted to the gear appropriate to the vehicle speed, the applicant shifts without hesitation (does not coast in neutral) , the vehicle does not lurch or jerk noticeably when the clutch is released, lugging the engine or excessive revving is avoided, gears are shifted smoothly without missing or clashing gears. The applicant generally must downshift through the gear pattern when reducing speed. A downshifting error is not recorded if traffic prevents the applicant from successfully shifting down through the gears to decelerate, or is moving too slow for the applicant's vehicle to reach an initial speed sufficient to require downshifting.

(b) Braking. Assessment begins when the brake is first applied and ends when the vehicle comes to a complete stop. The applicant must regulate brake pressure to bring the vehicle to a complete stop without excessive deceleration.

(c) Stopping point. The applicant must bring the vehicle to a complete stop at a designated point. Assessment of this performance takes place after the vehicle has come to a complete stop. The vehicle's front bumper must be within 3 feet of a delineated pedestrian crosswalk or stop line, but not beyond it.

(d) Pulling away. The applicant must accelerate his vehicle smoothly from a stopped position. Assessment of this performance takes place at the initial point of movement. The applicant must not accelerate excessively, and the engine must remain running.

(3) "Turning" occurs as the applicant begins a turning maneuver from one street to another, and ends after he has upshifted through four gears after completing the turn. The following elements of turning are scored:

(a) Speed. The applicant must adjust speed to safely negotiate a turn at an intersection. Assessment begins as the vehicle reaches the intersection and ends when it enters the new travel lane. The turn must be completed without excessive outward force, no braking may occur during the turn, and speed may not fall more than 4 m.p.h. below normal for the turn.

(b) Mirror checks. The applicant must check the appropriate mirror during a right or left turn to observe for clearance from other vehicles or roadside objects. Assessment of this maneuver occurs when the rear of the vehicle reaches the apex of the turn, or is nearest to any obstruction.

(c) Single turn lane. The applicant must position the vehicle close enough to the right side of the road to prevent being passed on the right when preparing for a tight right turn. Assessment of this performance begins upon approaching the intersection and ends when the vehicle has reached the apex of the turn. The vehicle must remain within 6 feet of the roadside (curb, shoulder, or parked vehicles) until the front of the vehicle has entered the new street.

(d) Multiple turn lanes. The applicant must use the proper lane when turning where multiple turn lanes are available. For a right turn the applicant must position the vehicle within the far left lane. For a left turn, the applicant must position the vehicle within the far right lane.

(e) Lanekeeping. The applicant must keep the vehicle within a single lane while turning. Assessment begins when the vehicle starts the turn and ends when trailer wheels clear the curb area. The applicant must negotiate the turn without the rear wheels touching or crossing the road edge, a lane delineator, or the curb.

(f) Cancel signal. The applicant must cancel the directional signal after completing a turn or merge. Assessment of this performance begins after the turn, and ends

3 seconds after the vehicle has straightened out following the turn.

(g) Upshifting. The applicant must upshift properly through at least the first four gears after completing the turn. Assessment of this performance begins when the first shift is made, and ends when the vehicle has been shifted into fourth gear. The transmission must be shifted through four gears, the applicant must shift without hesitation, the gears must be shifted in the proper sequence, the shifts must be completed smoothly without noticeable jerking or clashing of gears, and no gear may be missed. Skipping a gear does not count as a miss, and is not penalized if it results in a smooth shift without lugging.

(4) "Merging" begins when the vehicle has entered the merge ramp and ends 3 seconds after the vehicle has completely entered the new road. The following elements of merging are scored:

(a) Signaling. The applicant must signal intent to merge onto an adjacent roadway. Assessment begins after the vehicle enters the merge ramp and ends when any part of the vehicle enters the main roadway.

(b) Mirror check. Assessment begins as the vehicle enters the acceleration lane and ends when it starts movement to the new lane. The vehicle must be aligned parallel to the adjacent roadway before the mirror check is made. The applicant must look into the left outside mirror after the vehicle is aligned, and before any movement into the new lane.

(c) Speed. The applicant must accelerate to a speed sufficient to permit safe entry onto the adjacent roadway (as close to highway speed as possible) . Assessment begins as the vehicle enters the acceleration lane and ends when it enters the new travel lane on the adjacent roadway. The vehicle must be accelerated throughout the acceleration lane and the vehicle should not slow or stop prior to entering highway.

(5) "Straight driving" is scored over one city block or some other easily identifiable straight section approximately one-tenth of a mile long. The following elements of straight driving are scored:

(a) Speed. The applicant must operate the vehicle within 10 m.p.h. of the posted speed limit without exceeding the limit when driving on a straight road. Speed is not scored if the vehicle cannot be driven within 10 m.p.h. of the limit due to traffic.

(b) Mirror checks. The applicant must check following traffic in the rearview mirrors on each side at least once in every 10 seconds of straight driving. Errors will not be recorded if the examiner is unable to observe the applicant's eye movement or any occurrence distracts the examiner long enough for the applicant to make the correct response undetected.

(c) Lanekeeping. The applicant must keep the vehicle within the bounds of existing travel lanes on a straight road. Normal lane changes are not scored in this section.

(6) "Lane change" begins just before the applicant initiates a lane change and ends 3 seconds after the vehicle has completed the lane change. The examiner scores lane changing at the first 3 scoreable instances. The following elements of lane changes are scored:

(a) Mirror checks. The applicant must check the appropriate mirror to detect traffic before initiating a lane change. The examiner will observe whether the applicant's eyes are directed toward the appropriate outside mirror prior to initiating a lane change.

(b) Gradual change. Assessment begins when the applicant starts to change lanes and ends when the lane change is completed. After initiating the turn signal, the applicant must begin the lane change and then pause at least 3 seconds before crossing the delineator into the next lane in order to allow any unseen traffic to get out of the way. No error occurs if traffic causes an abrupt lane change.

(7) "Curves" assessment begins as the vehicle enters a curve and ends when the vehicle has completely straightened out after the curve. The following elements of curves are scored:

(a) Speed. The applicant must adjust speed to safely negotiate a curve. The vehicle must be driven through the curve without excessive force, the vehicle should not be braked while turning, gears should not be shifted up or down while the vehicle is turning, and the speed must not drop below a normal safe speed by more than 20%.

(b) Lanekeeping. The applicant must keep his vehicle within the bounds of existing travel lanes.

(8) "Hills." The following performances are scored at

hills:

(a) Starting on hill. The applicant must accelerate his vehicle smoothly from a complete stop using additional power to compensate for the vehicle's tendency to roll backwards. The applicant must not accelerate the vehicle excessively, the engine must remain running, and the vehicle must not roll backwards (parking or service brakes may be used to prevent rollback) .

(b) Shifting up hill. The applicant must keep the vehicle engine speed within normal operating range, avoiding lugging or overspeeding the engine. Assessment begins when the vehicle starts its upward path and ends when it reaches the top of the grade. The applicant must operate the vehicle within the specified operating range (the normal operating r.p.m. level) . The engine must not lug noticeably before a shift is made, and the applicant must not miss the downshift and have to shift to an even lower gear or stop and start the vehicle in first gear.

(c) Speed downhill. The applicant must maintain a safe speed on downgrades. Assessment begins as the vehicle starts its descent and ends when the entire vehicle has leveled off at the bottom of the grade. The applicant must achieve an acceptable speed not exceeding the posted limit or more than 9 m.p.h. below the posted limit. The applicant must not fan or pump the brakes.

(9) "Traffic restrictions." Assessment begins at the point where a sign, signal, or roadway marking designates the start of a travel restriction and ends when the travel restriction is passed. The applicant must comply with travel restrictions imposed by signs, signals, and roadway markings.

(10) "Blind intersections." Assessment begins prior to the vehicle entering the intersection and ends when the vehicle has entered the intersection. The following elements are scored:

(a) Speed. The applicant must release the accelerator prior to entering a blind intersection.

(b) Observation. The applicant must check to the sides by turning his head approximately 45° in each direction, making a visual check at the point where an intersecting vehicle would first become visible.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-110, 61-5-112 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

Mont. Admin. R. 23.3.516 Driving Examination for Class B Endorsement

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-110, 61-5-112 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; REP, 1989 MAR p. 486, Eff. 4/28/89.

Mont. Admin. R. 23.3.516A AIR BRAKE RESTRICTION

23.3.516A AIR BRAKE RESTRICTION

(1) All commercial vehicle operator's endorsements shall be issued subject to the restriction "may not operate air brake or air brake/combination equipped vehicles" unless the applicant has successfully completed a driving examination in a vehicle equipped with air brake or air brake/ combination systems or has presented a certificate of experience showing at least 24 months experience in the operation of air brake or air brake/combination equipped vehicles.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125, MCA
Implementing statute(s): Sec. 61-5-110 to 61-5-113, 61-5-201, 61-5-207, 61-5-305
History: NEW, 1989 MAR p. 486, Eff. 4/28/89.

Mont. Admin. R. 23.3.517 Instruction Permits

(1) An applicant for a commercial motor vehicle endorsement issued an instruction permit under the provisions of section 61-5-106, MCA, may not operate a commercial motor vehicle unless accompanied by a driver possessing a commercial motor vehicle endorsement allowing him to operate the type of vehicle the applicant is operating.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-106 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88.

Mont. Admin. R. 23.3.518 Temporary Licenses

(1) Applicants for a new or renewal type 1 endorsement, or conversion of an existing chauffeur's license to a type 1 endorsement, will, upon fulfillment of all requirements for a type 1 endorsement, be issued a temporary license valid for 3 months from the date of issuance on a form furnished by the department. The temporary license identifies the applicant, any restrictions imposed on him, the class of endorsement issued, the driver's license number assigned, and the date of issue. The temporary license must be signed by the applicant and the issuing examiner. The temporary license may be used while the department investigates the facts relative to the applicant's right to receive a type 1 commercial motor vehicle endorsement. The temporary license must be in the driver's immediate possession while operating any motor vehicle, and is invalid when the applicant's driver's license has been issued, or for good cause refused.

(2) Applicants for type 2 endorsements will be issued temporary licenses as provided in ARM 23.3.139.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-106, MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88.

Mont. Admin. R. 23.3.519 Exchanging or Converting a Chauffeur's License to Commercial Vehicle Operator's Endorsement

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): 61-5-102, 61-5-105 to 61-5-108, 61-5-110 to 61-5-112, 61-5-201, 61-5-209, 61-5-210, MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89; REP, 2023 MAR p. 1089, Eff. 9/23/23.

Mont. Admin. R. 23.3.520 Reporting Violations of Commercial Vehicle Operators

(1) In addition to the reports of driving records required by section 61-6-107, MCA, the department will report all notices of conviction received by it to other states, employers, and agencies of the federal government when required to do so by federal regulations, if the conviction(s) result from violation(s) occurring while the driver is operating a commercial motor vehicle.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-107 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88.

Mont. Admin. R. 23.3.521 Emergency Operation of Commercial Motor Vehicles

(1) Supervisory or administrative personnel not ordinarily assigned to duties involving the operation of commercial motor vehicles may operate commercial motor vehicles without an endorsement on an emergency basis for the duration of an emergency such as a natural disaster, riot, civil disorder, or major power outage.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-112 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88.

Mont. Admin. R. 23.3.522 Applicability of Existing Rules

Only the following rules in ARM Title 23, chapter 3, subchapter 1, apply to the handling of applications for commercial motor vehicle endorsements:

(1) 23.3.101 COUNTY TREASURER AS FEE COLLECTING AGENTS;

(2) 23.3.112 ORDER OF STEPS IN EXAMINING;

(3) 23.3.114 SIGNATURE OF APPLICANT;

(4) 23.3.115 CONSENT OF PARENTS OR GUARDIANS;

(5) 23.3.118 VISION TEST;

(6) 23.3.125 INCOMPLETE EXAMINATION;

(7) 23.3.126 TIME LIMIT ON SECOND AND SUBSEQUENT EXAMINATIONS;

(8) 23.3.131 PROOF OF NAME, DATE OF BIRTH, AND SOCIAL SECURITY NUMBER FOR DRIVER'S LICENSE AND DUPLICATE DRIVER'S LICENSE APPLICATIONS;

(9) 23.3.135 GRACE PERIOD FOR RENEWALS;

(10) 23.3.136 TIME PERIOD FOR RENEWALS AND EXAMINATIONS;

(11) 23.3.137 RENEWALS TO TAKE TEST IF EXPIRED;

(12) 23.3.138 APPLICATION FOR MINORS;

(13) 23.3.142 DISHONORED CHECKS;

(14) 23.3.143 NATIONAL DRIVER REGISTRATION;

(15) 23.3.148 RELEASE OF DRIVING RECORDS FOR CONSUMER REPORTS;

(16) 23.3.149 DUPLICATE LICENSES.

History

Authorizing statute(s): Sec. 61-5-112, 61-5-117, 61-5-125 MCA
Implementing statute(s): Sec. 61-5-102 to 61-5-106 MCA
History: NEW, 1988 MAR p. 62, Eff. 1/15/88.

Mont. Admin. R. 23.3.523 Seasonal Cdl

(1) Notwithstanding all other rule provisions concerning commercial driver's licenses, the department will issue a seasonal commercial driver's license (CDL) to those qualified employees working in farm-related service industries. A person seeking a seasonal CDL must be employed in one of the following farm-related service areas:

(a) custom harvesters;

(b) farm retail outlets and suppliers;

(d) livestock feeders.

This seasonal CDL will be issued without the knowledge and skill testing normally required of any applicant for a CDL. The specific requirements for obtaining a seasonal CDL are detailed within this rule and take the place of the normal knowledge and skill testing requirements.

(2) The requirements for a seasonal CDL which, in effect, substitute for the knowledge and skills tests, are as follows:

(a) Applicants must have a "good driving record" in accordance with the federal requirements found in 49 CFR 383.77. These specific requirements are found in subsection (3) of this rule. Drivers who have not held any motor vehicle operators license for at least one year will not be eligible for the seasonal CDL. Drivers who have between one and two years of driving experience must demonstrate the "good driving record" requirements for their entire driving history. Drivers with more than two years of driving experience must meet the "good driving record" requirements for the two most recent years. All applicants for a seasonal CDL must possess a Montana driver's license.

(b) Seasonal CDL's will have the same renewal cycle (four years) as a regular CDL but will only be valid for the operation of a commercial motor vehicle for the time period of March 15 through September 11 in any given calendar year. The seasonal CDL must be revalidated each year for seasonal use by confirming the "good driving record" requirements. The seasonal CDL may be used throughout the year for the operation of motor vehicles not defined as commercial motor vehicles.

(d) Seasonal CDL holders may not drive vehicles carrying any placarded quantities of hazardous materials, except for diesel fuel in quantities of 1000 gallons or less transported only in vehicles with a total capacity of 1,000 gallons or less; liquid fertilizers (i.e., plant nutrients) in vehicles or implements of husbandry with total capacities of 3,000 gallons or less; and solid fertilizers (i.e., solid plant nutrients) that are not transported with any organic substances.

(e) Seasonal CDL holders may not operate a commercial motor vehicle beyond 150 miles from the place of business or the farm currently being served.

(f) Applicants intending to operate wholly in intrastate commerce must meet the eligibility requirements found in ARM 23.3.505, 23.3.506 and 23.3.507. Applicants intending to operate in interstate commerce must meet the eligibility requirements found in ARM 23.3.503 and 23.3.504.

(g) The fee for a seasonal CDL is $14.00.

(3) The "good driving record" requirements are:

(a) No multiple licenses;

(b) No driver's license suspensions, revocations, or cancellations of any kind;

(c) No convictions in any type of motor vehicle for driving under the influence of alcohol or drugs, leaving the scene of an accident, or committing any felony involving a motor vehicle;

(d) No convictions whatsoever (in any type of motor vehicle for serious traffic violations (i.e., speeding at 15 miles per hour greater than the posted limit; reckless driving; improper or erratic lane changes; following too closely) ;

(e) No convictions for accident-connected traffic law violations, and no record of at-fault accidents.

(4) Applicants must provide the department with a driving record sufficient to verify the "good driving record" requirements.

(5) Seasonal CDL holders will be subject to disqualification and license suspension or revocation under the same terms and conditions as any other CDL holder. These terms and conditions are found in Title 61, chapter 8, part 8, MCA. In addition, any violation of the "good driving record" requirements will result in the immediate suspension of the seasonal CDL.

History

Authorizing statute(s): 61-5-112, 61-5-117, 61-5-125, MCA
Implementing statute(s): 61-5-102, 61-5-110, 61-5-112
History: NEW, 1994 MAR p. 169, Eff. 1/27/94.

Mont. Admin. R. 23.3.524 Requirements for a School Bus Endorsement

(1) Examiners of applicants for a school bus endorsement shall have a commercial driver's license and preferably at least two years' experience driving a school bus in Montana.

(2) An applicant for a school bus endorsement must satisfy the following requirements:

(a) the applicant must pass the knowledge and skills test for obtaining a passenger endorsement;

(b) the applicant must pass a knowledge test concerning the loading and unloading of children, including the safe operation of stop signal devices, external mirror systems, flashing light and other warning and passenger safety devices required for school buses by state or federal law or regulation; emergency exits and procedures for safely evacuating passengers in an emergency; and state and federal laws and regulations related to safely traversing highway rail grade crossings; and

(c) except as provided in (2) , the applicant must take a driving skills test in a school bus of the same vehicle group as the school bus that the applicant will drive.

(3) On or before September 30, 2005, the driving skills test required under (1) (c) may be waived by the department for an applicant who currently holds a valid commercial driver's license (CDL) with a passenger endorsement if:

(a) the applicant certifies, and the department confirms, that during the two-year period immediately prior to applying for the school bus endorsement, the applicant meets the requirements set forth in (3) ; and

(b) the applicant provides evidence from an employer of the applicant's regular employment as a school bus driver and operation of a school bus representative of the group the applicant seeks to drive for the two-year period immediately preceding application for the school bus endorsement.

(4) Before the driving skills test may be waived under (2) , the applicant must be able to certify to the following:

(a) the applicant has held a valid CDL with a passenger vehicle endorsement to operate a school bus representative of the group the applicant will be driving;

(b) the applicant has been regularly employed as a school bus driver, driver's license or commercial driver's license has not been suspended, revoked or cancelled and the applicant has not been disqualified from operating a commercial motor vehicle;

(c) the applicant has not been convicted of any of the disqualifying offenses in 49 CFR 383.51(b) while operating a commercial motor vehicle or of any offense in a noncommercial motor vehicle that would be disqualifying under 49 CFR 383.51(b) if committed in a commercial motor vehicle;

(d) the applicant has not had more than one conviction of any of the serious traffic violations defined in 49 CFR 383.5 while operating a commercial or noncommercial motor vehicle;

(e) the applicant has not had any conviction for a violation of state or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident; and

(f) the applicant has not been convicted of any motor vehicle traffic violation that resulted in an accident.

(5) Effective October 1, 2005, a commercial driver's license with a passenger endorsement is not valid for the operation of a school bus and a separate school bus endorsement must be held.

History

Authorizing statute(s): 61-14-202, MCA
Implementing statute(s): 61-5-102, 61-5-110, 61-5-112, MCA
History: NEW, 2005 MAR p. 1394, Eff. 7/29/05; AMD, 2023 MAR p. 1089, Eff. 9/23/23.

Mont. Admin. R. 23.3.525 Records Check Prior to Processing a Commercial Driver License Application, Entry-Level Driver Training, and Drug and Alcohol Clearinghouse

(1) The department shall conduct an electronic query to the entry-level driver training provider registry before administering a commercial driver license skills test to a nonexempt applicant:

(a) for a class A or class B commercial driver license;

(b) upgrading from a class B to a class A;

(d) obtaining a passenger or school bus endorsement.

(2) The department shall conduct an electronic query to the entry-level driver training provider registry before administering a commercial driver license knowledge test to a nonexempt applicant for a hazardous material endorsement.

(3) The department may not conduct a commercial driver license skills test or a hazardous material knowledge test when the entry-level driver training provider registry does not validate the nonexempt applicant has completed the requisite entry-level driver training.

(4) Prior to issuing, renewing, transferring, or upgrading a commercial driver license, the department shall electronically query the commercial driver license drug and alcohol clearinghouse to verify the applicant is not prohibited from operating a commercial motor vehicle. The department may not issue, renew, transfer, or upgrade a commercial driver's license or commercial learner's permit when the result from the clearinghouse indicates the driver is prohibited from operating a commercial motor vehicle.

(5) Upon receiving notification from the commercial driver license drug and alcohol clearinghouse or from the federal motor carrier safety administration that a holder of a commercial driver license or commercial learner's permit is prohibited from operating a commercial motor vehicle, the department shall downgrade the driver's commercial driver license or commercial driver's permit to a noncommercial driver license within 60 days of receiving the notification.

(6) If, after the department completes and records the downgrade of a commercial driver license or commercial learner's permit, the department receives notification from the drug and alcohol clearinghouse or the federal motor carrier safety administration that the driver is no longer prohibited from operating a commercial motor vehicle, or was erroneously identified as prohibited from operating a commercial motor vehicle, the department shall:

(a) upgrade the noncommercial license back to a commercial driver license or commercial learner's permit, as long as the term of the commercial driver license or commercial learner's permit has not expired; and

(b) expunge any reference to the driver's prohibited status from the driver's driving record if the commercial driver license or commercial learner's permit was erroneously downgraded based on a false prohibited status response or notification from the commercial driver license drug and alcohol clearinghouse or the federal motor carrier safety administration.

History

Authorizing statute(s): 61-14-202, MCA
Implementing statute(s): 61-5-110, 61-14-202, MCA
History: NEW, 2023 MAR p. 1089, Eff. 9/23/23.

Mont. Admin. R. 23.3.560 Third-Party Cdl Skills Testing Program Eligibility

(1) Entities as described in 61-5-118, MCA, are eligible to apply and enter into an agreement with the division to conduct skills testing for CDL applicants.

History

Authorizing statute(s): 61-5-118, MCA
Implementing statute(s): 61-5-118, MCA
History: NEW, 2019 MAR p. 176, Eff. 2/9/19.

Mont. Admin. R. 23.3.561 Acceptance of Third-Party Cdl Skills Testing Results

(1) The division will accept CDL skills test results conducted by division-trained and certified third-party testing examiners who work for a Montana certified third-party testing program.

(2) The division will accept valid testing results to satisfy an applicant's CDL skills tests as required under 49 CFR 383.

History

Authorizing statute(s): 61-5-118, MCA
Implementing statute(s): 61-5-118, MCA
History: NEW, 2019 MAR p. 176, Eff. 2/9/19.

Mont. Admin. R. 23.3.562 Third-Party Cdl Skills Testing Program Application

(1) Eligible entities must submit an application stating their desire to become a third-party CDL skills testing program.

(2) The applicant must:

(a) be an eligible third-party CDL skills testing program entity;

(b) provide the applicant's name, physical, mailing, and e-mail addresses, and phone number;

(c) provide a representative's name, physical, mailing, and e-mail addresses, and phone number who will represent the applicant during the application process;

(d) provide the location of the CDL skills testing and recordkeeping facilities. The facilities must be located within the state of Montana. The facilities where testing occurs must meet the standards of ARM 23.3.565. The facilities where records are maintained must meet the standards of ARM 23.3.565;

(e) give a statement that, at the time of the agreement, the applicant will:

(i) cooperate with the division at all times, including inspection of facilities, auditing, and testing;

(ii) carry comprehensive commercial general liability insurance with limits of a minimum of $1 million per occurrence for personal injury or property damage;

(iii) carry auto liability insurance if the testing program provides vehicles used in testing. The limits must not be less than $1 million per occurrence for personal injury and property damage;

(iv) post a surety bond of $10,000 to cover the costs associated with re-testing applicants who may have been improperly tested by a third-party CDL skills test examiner, or if skills test results were fraudulently obtained;

(v) comply with federal regulations, Montana state law, the Administrative Rules of Montana, and the division's policy and procedures governing the third-party CDL skills testing program;

(vi) pay the initial and renewal certification fees for a third-party CDL skills testing program and its examiners as outlined in 61-5-118, MCA;

(vii) only allow third-party CDL skills test examiners who have been trained and certified by the division as outlined in ARM 23.3.566;

(viii) comply with all federal and state nondiscrimination statutes, rules, and regulations;

(ix) provide workers' compensation as required under state law for employees covered under the agreement;

(x) implement all necessary administrative, technical, and physical safeguards to prevent unauthorized use or disclosure of personally identifiable information in accordance with all applicable federal and state privacy protection requirements;

(xi) agree to use the CSTIMS to schedule and record CDL skills test results; and

(xii) use approved road test tablets to conduct and record CDL skills tests.

History

Authorizing statute(s): 61-5-118, MCA
Implementing statute(s): 61-5-118, MCA
History: NEW, 2019 MAR p. 176, Eff. 2/9/19.

Mont. Admin. R. 23.3.563 Third-Party Cdl Skills Testing Program Agreement and Certification

(1) The division administrator or designee is authorized to enter into an agreement and certify qualifying third-party CDL skills testing programs and to renew third-party CDL skills testing programs.

(2) Upon receipt of an application for certification or renewal, the administrator or designee must review the application for completeness.

(3) If the application is incomplete, the division administrator or designee may either:

(a) contact the applicant to request missing information. The applicant has 20 days to give the requested information or the division administrator or designee must deny the application; or

(b) return the incomplete application to the applicant with a notification to resubmit a completed application.

(4) If the application is complete, the third-party CDL skills testing program may pay the fees as outlined in 61-5-118, MCA, and enter into an agreement with the division.

(5) When all requirements are not met, the division shall deny the application and send a written notification of denial to the applicant by certified mail return receipt requested.

(6) Upon payment of the fees outlined in 61-5-118, MCA, and receipt of a signed agreement between the division and the third-party CDL skills testing program, the division will send a third-party CDL skills testing program certification to the applicant by certified mail return receipt requested.

(7) If an application is denied, the applicant must wait 90 days before submitting a new application.

(8) A certification is effective from the date stated on the letter and is valid for three years or until it is surrendered, decertified, or revoked.

History

Authorizing statute(s): 61-5-118, MCA
Implementing statute(s): 61-5-118, MCA
History: NEW, 2019 MAR p. 176, Eff. 2/9/19.

Mont. Admin. R. 23.3.564 Third-Party Cdl Skills Testing Program Agreement

(1) The third-party CDL testing agreement must outline the requirements for the division and the third-party CDL testing program, including the certification requirements of ARM 23.3.565 through 23.3.570.

(2) The third-party CDL testing program agreement must be signed by the division administrator or designee and the third-party CDL skills testing program owner or designee.

History

Authorizing statute(s): 61-5-118, MCA
Implementing statute(s): 61-5-118, MCA
History: NEW, 2019 MAR p. 176, Eff. 2/9/19.

Mont. Admin. R. 23.3.565 Third-Party Cdl Skills Testing Program Certification

(1) In order for a third-party CDL skills testing and recordkeeping facility to obtain and maintain division-approved certification, the facility must have, at a minimum, the following:

(a) a testing course approved by the division to conduct the same CDL skills test as conducted by state CDL skills test examiners, including:

(i) an area of sufficient size to conduct the vehicle inspection component of the CDL skills test as outlined in AAMVA's 2005 CDL Examiner's Manual;

(ii) a testing course of sufficient size to conduct the required parts of the basic control skills test component of the CDL skills test as outlined in AAMVA's 2005 CDL Examiner's Manual; and

(iii) a road test route that will meet all the minimum scoring requirements as outlined in AAMVA's 2005 CDL Examiner's Manual.

(b) a location to securely store all required records and documentation. The facility must have controls protecting all testing material, including all AAMVA testing documents, the road test tablets, testing results, forms, and reports. Testers are prohibited from publishing/distributing any materials relating to the CDL testing model to unauthorized persons or from publishing these materials to any public domain (in any format).

(2) The facility must obtain and maintain a road test tablet solution that has been tested and approved by the division. The tablets must interface with CSTIMS which requires the tablet solution to pass structure testing with AAMVA before it can be approved by the division.

(3) The facility must be made available to state and federal personnel for scheduled and unscheduled review during normal business hours.

(4) The facility must provide proof of liability insurance and a surety bond as described in the third-party CDL skills testing program's agreement.

(5) The facility must pay the following non-refundable third-party CDL skills testing program fees to the division:

(a) an initial or new certification fee in the amount outlined in 61-5-118, MCA.

(b) a three-year renewal fee in the amount outlined in 61-5-118, MCA.

(6) Only division-trained and certified CDL skills test examiners are allowed to conduct CDL skills tests.

(7) The facility must maintain a driver qualification file as outlined in 49 CFR 391.51 on all CDL skills test examiners.

(8) The facility must have a signed third-party CDL skills testing agreement with the division.

(9) The division cannot certify a third-party CDL skills testing program until an agreement is signed and the fees outlined in 61-5-118, MCA, are paid to the division.

History

Authorizing statute(s): 61-5-118, MCA
Implementing statute(s): 61-5-118, MCA
History: NEW, 2019 MAR p. 176, Eff. 2/9/19.

Mont. Admin. R. 23.3.566 Certification for Each Third-Party Cdl Skills Test Examiner

(1) Third-party CDL skills test examiners must meet the following minimum requirements:

(a) pass a fingerprint-based background check paid for by a third-party CDL testing entity. The results must be kept on file for review by the division or federal representative. The following events are disqualifying factors for a person to be a CDL skills test examiner:

(i) any felony conviction within the last ten years; or

(ii) any conviction involving fraudulent activities.

(b) hold a valid Montana CDL with the class equivalent to, or higher than, the class of vehicle applicants are being tested for.

(c) meet the medical standards outlined in 49 CFR 391.43. A CDL skills test examiner who is unable to fully meet the medical standards under 49 CFR 383.43 may still be certified if they can meet the state medical standards under ARM 23.3.506 and apply for a Montana medical certificate under ARM 23.3.507.

(d) submit a driving record from each state where the examiner has been licensed for the past ten years.

(e) an examiner cannot be certified if any of the following events have occurred:

(i) serious traffic violation as defined in 49 CFR 383.51 within the last three years;

(ii) major offense as defined in 49 CFR 383.51 within the last ten years;

(iii) any disqualifications as defined in 49 CFR 383.51 within the last ten years;

(iv) has ten or more habitual traffic offender points within the last three years; or

(v) a preventable crash involving a fatality or bodily injuries within the last three years.

(f) pay the following non-refundable third-party CDL skills test examiner fees to the division:

(i) initial or new certification fee in the amount outlined in 61-5-118, MCA, which must be paid before the examiner can attend CDL skills test examiner training course conducted by the division; or

(ii) three-year renewal fee in the amount outlined in 61-5-118, MCA, which must be paid before CDL skills test examiner's certificate can be renewed.

(g) obtain and maintain a state CDL skills test examiner's certificate by successfully completing a state-provided CDL skills test examiner training, with required refresher training.

History

Authorizing statute(s): 61-5-118, MCA
Implementing statute(s): 61-5-118, MCA
History: NEW, 2019 MAR p. 176, Eff. 2/9/19.

Mont. Admin. R. 23.3.567 Conducting Third-Party Cdl Skills Tests

(1) CDL skills tests must comply with the testing standard of 49 CFR 383. The following rules apply to conducting third-party CDL skills tests:

(a) the same CDL skills testing model used by state examiners must be used, including the same instructions and scoring standards.

(b) third-party CDL skills test examiners must be trained and certified by the division.

(i) has a valid driver's license with an image that matches the applicant; and

(ii) has a valid CLP with the proper class, endorsements, and restrictions for the type of commercial motor vehicle being used for the CDL skills test, with an image that matches the applicant and the applicant's driver's license. The CLP must have been issued at least 14 days before the CDL skills test.

(d) an electronic testing tablet approved by the division and successfully passed structure testing by AAMVA must be used to conduct all CDL skills tests, and at minimum record:

(i) applicant information;

(ii) vehicle data;

(iii) CDL skills test examiner's information;

(iv) approved test forms; and

(v) all scoring items and scoring results.

(e) all primary and alternate backing skills test courses and road test routes must be approved by the division.

(f) any changes to any of the skills test courses or road test routes must be pre-approved by the division before a new course or route can be used.

(g) the CDL skills test examiner cannot be the same person that in any way trained or prepared the applicant to be tested for a commercial driver's license, or tested to upgrade their CDL, add a CDL endorsement, or to remove an air brake restriction.

(h) upon receipt of a fee in the amount outlined in 61-5-118, MCA, the division will accept CDL skills tests from the third-party CDL skills testing program and their examiners in lieu of administering its own CDL skills test for CDL applicants.

History

Authorizing statute(s): 61-5-118, MCA
Implementing statute(s): 61-5-118, MCA
History: NEW, 2019 MAR p. 176, Eff. 2/9/19.

Mont. Admin. R. 23.3.568 Test Scheduling, Recordkeeping, and Transferring Cdl Skills Test Results

(1) Third-party CDL skills testing programs and their CDL skills test examiners must comply with the testing standard of 49 CFR Part 384.

(2) The examiner must, in CSTIMS:

(a) schedule each test applicant at least two days prior to conducting the initial CDL skills test and follow up CDL skills tests;

(b) confirm applicant CLP has the proper class and endorsements for the applicable test;

(c) record required information of the applicant and the commercial motor vehicle used for the test on the electronic testing tablet;

(d) electronically transfer CDL skills testing results to the division; and

(e) track pass/fail rates for each component must be recorded for each third-party CDL skills test examiner.

(3) The examiner must conduct the three components of the CDL skills test in proper sequence:

(a) first component--vehicle Inspection;

(b) second component--basic control skills test;

(4) The examiner must ensure the applicant uses the same commercial motor vehicle for each component of the CDL skills test.

(5) The examiner must ensure the applicant successfully completed the vehicle inspection component before conducting the basic control skills test component.

(6) The examiner must ensure the applicant successfully completed the vehicle inspection component and the basic control skills component before conducting the road test component.

(7) If an applicant does not successfully complete all components of the CDL skills test, the components that were successfully completed can be banked. The applicant does not have to retake successfully completed components unless their current CLP expires. Banked components cannot be carried over to a new or renewed CLP.

(8) If an applicant fails and seeks to retake the vehicle inspection or basic controls skills component of the CDL skills test, the examiner must schedule in CSTIMS the subsequent testing appointment at least two days before the test.

(9) If an applicant fails and seeks to retake the road test, the examiner must schedule in CSTIMS the subsequent testing appointment at least six days before the test.

(10) The third-party CDL skills testing program must keep CDL skills testing examiner records, including:

(a) background test results;

(b) a copy of the Montana CDL;

(d) Montana CDL skills test examiner certificate; and

(e) results of all CDL skills tests by component and scoring details.

(11) The third-party CDL skills testing program must maintain all CDL skills tests for a minimum of three years.

History

Authorizing statute(s): 61-5-118, MCA
Implementing statute(s): 61-5-118, MCA
History: NEW, 2019 MAR p. 176, Eff. 2/9/19.

Mont. Admin. R. 23.3.569 Auditing Authority by State or Fmcsa Representatives

(1) Personnel from the division and FMCSA are authorized to conduct scheduled and unscheduled overt and covert audits on third-party CDL skills test programs and CDL skills test examiners as follows:

(a) on-site inspections must be conducted at least twice a year with a focus on irregular test results that allow the division to audit CDL skills tests by any of the following three methods:

(i) covertly take a test using a state employee as a test applicant;

(ii) have a state employee co-score a test to compare test results; or

(iii) retest a sample of drivers.

(b) if an applicant is found not to possess the required skills to operate a commercial motor vehicle, the division may require the applicant to pass a CDL skills test by a state examiner.

(d) inspect CDL skills testing program's operation, facility, basic control skills test site, and road test routes.

(e) inspect CDL skills testing program's vehicles and equipment.

History

Authorizing statute(s): 61-5-118, MCA
Implementing statute(s): 61-5-118, MCA
History: NEW, 2019 MAR p. 176, Eff. 2/9/19.

Mont. Admin. R. 23.3.570 Third-Party Cdl Skills Testing Program and Cdl Skills Test Examiner's Decertification and Re-Certification

(1) The division reserves the right to take prompt and appropriate remedial action against a third-party CDL skills testing program or CDL skills test examiner that fails to comply with state or federal standards for the CDL skills testing program, or with any other terms of the third-party agreement.

(2) The certification of a third-party CDL skills testing program or CDL skills test examiner may be revoked if the examiner:

(a) fails to follow 49 CFR 382, 383, 384, or 391; Title 61, chapter 5, MCA, or ARM 23.3.560 through ARM 23.3.570;

(b) takes fraudulent actions relating to testing activity or recordkeeping;

(d) fails to maintain a bond required by this part;

(e) fails to maintain minimum liability insurance required by this part; or

(f) fails to abide by the third-party CDL skills testing program agreement.

(3) The certificate of a CDL skills test examiner may be revoked if:

(a) the examiner fails to conduct at least ten full skills tests or 30 individual skills test components in a 12-month period beginning on the date the examiner has been certified by the division;

(b) the examiner's Montana CDL has been suspended, revoked, canceled, disqualified, or has expired;

(d) the division has become aware either through an audit or investigation that the examiner has failed to properly conduct or record CDL skills tests.

(4) A third-party CDL skills test examiner may voluntarily surrender their certification and stop conducting skills tests. Any initial or renewal fees will not be refunded.

(5) A third-party CDL skills testing program or CDL skills test examiner may appeal the decertification in writing with the division within 30 days from being notified of the decertification.

(6) A third-party CDL skills testing program or CDL skills test examiner may apply for recertification with the division.

History

Authorizing statute(s): 61-5-118, MCA
Implementing statute(s): 61-5-118, MCA
History: NEW, 2019 MAR p. 338, Eff. 2/9/19.

Subchapter 23.3.7 Vehicle Registration and License Plates

Mont. Admin. R. 23.3.701 Expiration of Registration Periods

(1) All registrations for motor vehicles subject to anniversary date registration expire on the last day of the month preceeding the anniversary registration period. A grace period for registration exists between the 1st and 25th days of the month. Motor vehicles must be registered not later than the 25th of the month corresponding to the anniversary registration period. Thereafter, motor vehicles not properly registered are in violation of law and subject to the fines, penalties and sanctions imposed by statute.

(2) A lien for all fees and taxes due upon these motor vehicles attaches as of the first day of the anniversary month and continues until all the fees and taxes are paid.

History

Authorizing statute(s): Sec. 61-3-315 MCA
Implementing statute(s): 61-3-315 and 61-3-503 MCA
History: NEW, Eff. 9/4/75.

Mont. Admin. R. 23.3.702 Multiple Registration

A person who is the owner, or one of the owners, of more than one motor vehicle subject to anniversary date registration may register all those vehicles at one time, regardless of the registration periods of the individual vehicles. Multiple registration shall be implemented as follows:

(1) During any anniversary registration period in which an owner registers any of his motor vehicles subject to anniversary date registration, the owner may register any, or all, of the other motor vehicles owned by him which are subject to anniversary date registration. A person may waive the opportunity for multiple registration in any anniversary registration period without waiving the right to accomplish it in a subsequent anniversary registration period. Any waiver of multiple registration in one year does not waive that right in subsequent years.

(2) A person may not accomplish multiple registration during an anniversary registration period in which one of his vehicles is not required to be registered.

(3) A person may not accomplish multiple registration for a motor vehicle whose anniversary registration period commences in the year following the year in which the multiple registration is sought to be accomplished.

(4) At the time of multiple registration, the person so registering the motor vehicles shall pay all fees and taxes due on all such motor vehicles offered for multiple registration. The fees and taxes due on such motor vehicles shall be computed for a full calendar year of 12 months.

The effect of this requirement is that persons availing themselves of multiple registration shall prepay the fees and taxes applicable to each such vehicle prior to the actual due date of such fees and taxes. Thereafter, fees and taxes on these motor vehicles will not be due again until the expiration of the actual anniversary registration period assigned to the individual motor vehicle in the succeeding year. For example:

(a) Driver "A" owns three motor vehicles. The first vehicle is assigned to the 4th (April) registration period; the second vehicle is assigned to the 6th (June) registration period; the third vehicle is assigned to the 9th (September) registration period. Driver "A" may, between April 1 and April 25, register all such vehicles, or the first vehicle (April) and either the second or third vehicle. In so doing Driver "A" shall pay all of the fees and taxes due on all of the second or third vehicle for the current year. The fees and taxes paid on the first vehicle are good until April 1 of the following year, while the fees and taxes paid on the second or third vehicle are good until June 1 or September 1 of the following year. Driver "All may elect to avail himself of multiple registration in the following year when the process will again be repeated.

(b) Driver "A" owns the same three vehicles as in (a) . Driver "A" chose to register only his first (April) vehicle in the 4th (April) registration period. He now feels that he would like to accomplish multiple registration for the remaining vehicles in May. Driver "A" cannot accomplish multiple registration in May but must wait until the anniversary period when his next motor vehicle is due for regis-tration, which is June. In June, Driver "A" is afforded the opportunity to accomplish registration for both the second (June) and third (September) vehicles in the same manners as shown in (a) . Driver "A" may not accomplish multiple registration for the first (April) vehicle for the following year. The reason for not affording multiple registration into the following year is the inability to determine the appropriate value of the motor vehicle in the following year or the appropriate mill levy to be applied to such vehicle.

(c) Driver "A" owns the same three vehicles as in (a) and registers all of such vehicles in the 4th (April) period as shown in (a) . However, in June, Driver "A" sells the third (September) vehicle. The purchaser of the third vehicle will have the benefit of purchasing a vehicle with taxes prepaid until September 1 of the following year. Driver "A" should take into account the prepayment of taxes in determining the price at which to sell the vehicle.

(5) At the time of multiple registration, individual registration slips must be completed for each motor vehicle registered and each motor vehicle must be issued the appropriate validation decal.

History

Authorizing statute(s): Sec. 61-3-315 MCA
Implementing statute(s): 61-3-315 MCA
History: NEW, Eff. 9/4/75.

Mont. Admin. R. 23.3.703 Time for Registration

(1) Except for purposes of multiple vehicle registration, persons shall register their vehicles only during the anniversary period assigned to their respective motor vehicle. Any late registration of motor vehicles is subject to the fines and penalties provided by law.

History

Authorizing statute(s): Sec. 61-3-315 MCA
Implementing statute(s): 61-3-315 MCA
History: NEW, Eff. 9/4/75.

Mont. Admin. R. 23.3.704 Dealer Lot Exemptions

(1) While under 61-3-501, MCA, property taxes or the fee in lieu of property taxes are prorated for the purchaser of a vehicle that has been sold by a licensed car dealer, all other fees are computed on a yearly basis and are not prorated.

History

Authorizing statute(s): Sec. 61-3-315 MCA
Implementing statute(s): 61-3-315 MCA
History: NEW, Eff. 9/4/75; AMD, 1980 MAR p. 1707, Eff. 6/27/80.

Mont. Admin. R. 23.3.705 Registration Slips and Vehicle Identification

(1) In addition to the information required by law to be contained on motor vehicle registration slips, the slips for motor vehicles subject to anniversary date registration must show:

(a) the anniversary date registration period assigned to the motor vehicle, and

(b) he date to which fees and taxes on the motor vehicle have been paid.

(2) For purposes of identification, each motor vehicle subject to anniversary date registration must have affixed to the Montana license plates required by law, a decal issued by the registrar of motor vehicles through the county treasurers. The decal must:

(a) be color coded according to the year in which the anniversary registration period shall end; and

(b) identify the month and year through which the motor vehicle is registered.

(3) At the time of registration of each motor vehicle, the county treasurer shall issue the decal to the person registering the motor vehicle and shall instruct the person to affix the decal to the lower right hand corner of both the front and rear Montana license plate issued to the motor vehicle.

(4) If the license plate is transferred from one motor vehicle to another in the manner provided by law, the county treasurer, upon registration of the new vehicle, shall issue to the owner a new decal corresponding to the anniversary registration period assigned to the new motor vehicle. The owner must be instructed to place the new decal over the existing decal on the plates to blank the old decal from view.

History

Authorizing statute(s): Sec. 61-3-315 MCA
Implementing statute(s): 61-3-315 MCA
History: NEW, Eff. 9/4/75.

Mont. Admin. R. 23.3.751 General Provisions

(1) Beginning in 2014, the department will implement an age-based license plate reissuance process. License plate reissuance is required when a set of license plates has been assigned to one or more vehicles for five years or more.

(2) Except as provided in (3), the five-year license plate reissuance process applies to all plates assigned to a vehicle that is subject to annual registration.

(3) The following plates are exempt from the five-year license plate reissuance process:

(a) permanently registered plates issued pursuant to 61-3-562, MCA;

(b) collector's or vintage plates issued pursuant to 61-3-412, MCA; and

(4) License plates may not be transferred to another motor vehicle if, at the time of transfer, the plates are more than five years old and are subject to reissue.

History

Authorizing statute(s): 61-3-315, 61-3-332, MCA
Implementing statute(s): 61-3-315, 61-3-332, MCA
History: NEW, 2014 MAR p. 682, Eff. 4/11/14.

Mont. Admin. R. 23.3.752 Schedule for Reissuance

(1) Except as provided in (2), license plates issued on or before December 31, 2009, will be reissued in 2014; plates issued in 2010 will be reissued in 2015; plates issued in 2011 will be reissued in 2016; plates issued in 2012 will be reissued in 2017; plates issued in 2013 will be reissued in 2018; and plates issued in 2014 will be reissued in 2019. Plates issued in 2015 or thereafter will be reissued during the registration renewal five years after the initial issuance.

(2) License plates that are not reissued in accordance with (1) must be reissued at the next registration renewal for that vehicle. For example, if a vehicle bearing plates issued on or before December 31, 2009, is renewed in 2014 before reissuance is initiated, those plates must be reissued the next year the vehicle registration is renewed (2015).

History

Authorizing statute(s): 61-3-315, 61-3-332, MCA
Implementing statute(s): 61-3-315, 61-3-332, MCA
History: NEW, 2014 MAR p. 682, Eff. 4/11/14.

Mont. Admin. R. 23.3.753 Notification and Process for Reissuance

(1) When the license plates issued to a vehicle are due for reissuance, the department will send an annual registration renewal notice to the vehicle owner. The notice will include the total fees required for registration renewal, including the plate fee established in 61-3-321(13), MCA.

(2) When a customer renews a vehicle registration online or by mail and pays the required fees, the county treasurer will mail the customer a new registration decal and reissued plates of the same design, including personalized license plates and amateur radio plates.

(a) For purposes of this rule, "same design" means an identical design or the most current version of that plate. For example:

(i) a sponsor plate will be reissued as the same design sponsor plate; if the sponsor has revised the plate's design, then the most current version will be provided; or

(ii) a standard issue plate will be reissued as a plate with the same graphics and year. This means that a vehicle with a 1989 standard issue plate will be reissued a 1989 standard issue plate, and a vehicle with a 2006 standard issue plate will be reissued a 2006 standard issue plate. Standard plate designs and years can be viewed at https://doj.mt.gov/driving/license-plates/ .

(b) To select a different license plate design, a vehicle owner must contact the county treasurer's office.

(3) When renewing a vehicle registration in person at the county treasurer's office, the customer may select a different plate design for reissued plates. A customer may retain the license plate number from expiring plates by paying the fee established in 61-3-321(13)(b), MCA. This fee is exclusive of other license plate specific fees and does not apply to retain a personalized license plate or the call sign text on an amateur radio plate.

(4) Regular replacement plate fees will apply to any plate replacement that occurs separately from the mandatory five-year reissuance cycle.

History

Authorizing statute(s): 61-3-315, 61-3-332, MCA
Implementing statute(s): 61-3-315, 61-3-332, MCA
History: NEW, 2014 MAR p. 682, Eff. 4/11/14.

Subchapter 23.3.8 Vehicle Taxation

Mont. Admin. R. 23.3.801 Definitions

Unless the context requires otherwise, the following definitions apply to ARM 23.3.802 through 23.3.807:

(1) "Applicant" means a person seeking to title, register or renew registration for a vehicle.

(2) "Bus" means, as provided in 61-1-115 , MCA, "every motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation."

(3) "Dealer" means a new or used car dealer licensed by the department in accordance with Title 61, chapter 3, MCA.

(4) "Declared weight" means the total unladen weight of a bus, heavy truck, truck tractor or trailer plus the weight of the maximum load to be carried on the vehicle as provided by the applicant in an original or prior registration application submitted to the department.

(5) "Department" means the department of justice or its designated agent.

(6) "Heavy truck" means a truck that has a manufacturer's rated capacity of more than 1 ton. The term also includes a van or sport utility vehicle that has a manufacturer's rated capacity of more than 1 ton.

(7) "Light vehicle" means, as provided in 61-1-139 , MCA, "a motor vehicle commonly referred to as an automobile, van, sport utility vehicle, or truck having a manufacturer's rated capacity of 1 ton or less." The term also includes an amphibious vehicle with a manufacturer's rated capacity of 1 ton or less.

(8) "Manufacturer's rated gross combined weight" means, as provided in 61-3-528 , MCA, "the manufacturer's published weight of the allowable load for a truck tractor and trailer combined and includes the weight of the truck tractor and the trailer."

(9) "Manufacturer's rated gross vehicle weight" means, as provided in 61-3-528 , MCA, "the manufacturer's published weight of the allowable load for a truck and includes the weight of the truck."

(10) "Manufacturer's suggested retail price" (or "MRSP") means the price suggested by the manufacturer for each given type, style, or model of light vehicle, inclusive of equipment standard to the vehicle and exclusive of price additions or deductions for optional accessories available from the manufacturers or the price of any special equipment or after-manufacture accessories attached to the vehicle.

(11) "Rated capacity" (or "RC") means the manufacturer's rated gross vehicle weight for a bus or heavy truck or the manufacturer's rated gross combined weight for a truck tractor.

(12) "Truck" means, as provided in 61-3-528 , MCA, "a motor vehicle designed to carry an entire load. The truck may consist of a chassis and body or a chassis-cab and body or it may be of unitized construction so that the body and cab appear to be a single unit."

(13) "Truck tractor" means, as provided in 61-1-108 , MCA, "every motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn."

(14) "Sport utility vehicle" means, as provided in 61-1-140 , MCA, "a light vehicle designed to transport 10 or fewer persons that is constructed on a truck chassis or that has special features for occasional off-road use. The term does not include trucks having a manufacturer's rated capacity of 1 ton or more."

History

Authorizing statute(s): Sec. 61-3-506, MCA
Implementing statute(s): 61-3-101, 61-3-503, 61-3-504, 61-3-529, 61-3-530, MCA
History: NEW, 1997 MAR p. 2292, Eff. 12/16/97.

Mont. Admin. R. 23.3.802 Assignment of Manufacturer's Suggested Retail Price

(1) Each light vehicle must be assigned an MSRP as prescribed in the database maintained by the department on the statewide motor vehicle computer system. The assignment must be based on the vehicle identification number, make, model and year. If more than one MSRP may be attributed to a particular vehicle make, model and year, the lowest MSRP will be assigned to that vehicle in the database for purposes of calculating the light vehicle tax.

(2) For those light vehicles for which an MSRP cannot be electronically assigned from the department's database, the department will establish an MSRP, based on one of the following methods, and manually enter it on the system:

(a) the department may refer to nationally recognized vehicle valuation publications to locate the vehicle's MSRP;

(b) the department may derive an MSRP for the vehicle by factoring, as appropriate, from a known MSRP for the same or similar vehicle make and model from a different year of manufacture to the subject year; or

(c) the department may extrapolate an MSRP by using a known or standard "trade-in" value and age for the same or similar vehicle make and model from a prior registration period, as available on the system, and the appropriate age-vehicle type factor from the depreciation schedule, as provided in 61-3-503 , MCA.

(3) A vehicle that has a deemed taxable value of $500.00 as of December 31, 1997, will not be assigned an MSRP, but will retain a depreciated value for taxation purposes of $500.00 for the remainder of its life.

(4) If an MSRP has been manually assigned to a vehicle in accordance with (2) (b) or (c) above, the MSRP is subject to being replaced if, at a later time, the actual MSRP for that vehicle is published or the department adopts a standard MSRP for that vehicle make, model, and year, and the published or standard MSRP is included in the department's database.

History

Authorizing statute(s): Sec. 61-3-506, MCA
Implementing statute(s): 61-3-101, 61-3-503, 61-3-504, MCA
History: NEW, 1997 MAR p. 2292, Eff. 12/16/97.

Mont. Admin. R. 23.3.803 Vehicle Year of Manufacture and Age

(1) All vehicles will be assigned a year of manufacture. If the year of manufacture cannot be determined from electronic records maintained on the system by the department or from information provided by the applicant at the time of original registration, the year of manufacture will be determined as follows:

(a) a rebuilt light vehicle, bus, heavy truck or truck tractor will be assigned the manufacture year of the vehicle body;

(b) a custom-built vehicle will be assigned the year stated on the manufacturer's certificate of origin or if the former is not available, the year of original registration;

(d) a replica vehicle will be assigned the year of manufacture of the vehicle being replicated; and

(e) a homemade trailer will be assigned the year in which a vehicle identification number is assigned to the trailer by the department. If the trailer has previously been registered in another jurisdiction which has not designated a year of manufacture, the year of manufacture is deemed to be the year the vehicle was initially registered in the other jurisdiction. If the previous jurisdiction excluded the trailer from registration, the year of manufacture will be assigned based on a statement from the applicant made under penalty of law. No license plates or permits will be issued for a homemade trailer until a year of manufacture has been assigned by the department and the trailer has been inspected.

(2) The age of a vehicle is determined by subtracting the year of manufacture for the vehicle, as determined by the department, from the calendar year for which the tax or fee in lieu of tax is due, subject to the exceptions provided for in 61-3-522 , 61-3-523 , 61-3-527 and 61-3-530 , MCA for certain motor homes, travel trailers, campers, motorcycles, quadricycles or trailers, pole trailers or semi-trailers that have a declared weight of less than 26,000 pounds and that are not subject to proportional registration.

History

Authorizing statute(s): Sec. 61-3-506, MCA
Implementing statute(s): 61-3-101, 61-3-503, 61-3-529, 61-3-530, MCA
History: NEW, 1997 MAR p. 2292, Eff. 12/16/97.

Mont. Admin. R. 23.3.804 Assignment of Rated Capacity for Buses, Heavy Trucks, Truck Tractors and Trailers

(1) Each bus, heavy truck or truck tractor must be assigned an RC based on the manufacturer's rated gross vehicle weight for such bus or heavy truck or the manufacturer's rated gross combined weight for such truck tractor as prescribed in the database maintained by the department. The assignment must be based on the vehicle identification number, make, model and year for the bus, heavy truck or truck-tractor. If more than one manufacturer's rated gross vehicle weight or gross combined weight may be attributed to a particular bus, heavy truck or truck-tractor, the lowest RC will be assigned to that vehicle for purposes of inclusion in the database.

(2) For any bus, heavy truck or truck tractor for which a rated capacity cannot be electronically assigned from the department's database, the department shall assign a rated capacity equal to the declared weight of the vehicle as provided by the applicant at the time of original or subsequent registration or as recorded in the vehicle record maintained on the department's motor vehicle computer system.

(3) A trailer will be assigned a rated capacity equal to its declared weight.

(4) If a rated capacity has been assigned to a vehicle in accordance with (2) above, the rated capacity is subject to being replaced if, at a later time, the rated capacity as stated by the manufacturer is published or located or the department adopts a standard rated capacity for that vehicle, and the published or standard rated capacity is included in the department's database.

History

Authorizing statute(s): Sec. 61-3-506, MCA
Implementing statute(s): 61-3-101, 61-3-529, 61-3-530, MCA
History: NEW, 1997 MAR p. 2292, Eff. 12/16/97.

Mont. Admin. R. 23.3.805 Computation of Tax for Light Vehicles

(1) Each year on the anniversary date of the registration of a light vehicle, the department will calculate the vehicle's depreciated value for taxation using its MSRP and the appropriate factor for vehicle age and type, as provided in 61-3-503 , MCA.

(2) The department will depreciate light vehicles that are more than 16 years of age by multiplying .90 by the vehicle's depreciated value for the preceding registration period, as calculated in accordance with 61-3-503 (2) , MCA, until the vehicle arrives at a depreciated value of $500.00 or less, in which case its depreciated value shall be deemed to be $500.00 thereafter.

History

Authorizing statute(s): Sec. 61-3-506, MCA
Implementing statute(s): 61-3-101, 61-3-503, 61-3-504, MCA
History: NEW, 1997 MAR p. 2292, Eff. 12/16/97.

Mont. Admin. R. 23.3.806 Proration of Vehicle Taxes or Fees While in Dealer Inventory

(1) A light vehicle, bus, heavy truck, truck tractor or motor home will be considered properly reported as being in a dealer's inventory as of the day and month the county treasurer for the county in which the dealer is licensed signs the certificate for proration of vehicle tax or fee in lieu of tax submitted by the dealer for that vehicle or enters notice of abatement on the department's motor vehicle computer system. The certificate must be submitted in a form prescribed by the department and must pertain to a single vehicle.

(2) An applicant may receive the benefit of an abatement of taxes or fees in lieu of taxes only if the certificate signed by the county treasurer for the county in which the dealer is licensed, is submitted to the county treasurer for the county in which application for title, registration or temporary permit for the subject vehicle is made on or before the date of application, unless the electronic vehicle record maintained by the department contains notice of abatement of taxes or fees in lieu of taxes at the time the application is submitted.

(3) If a dealer fails to properly report a vehicle as being in the dealer's inventory prior to the time an applicant appears in the county treasurer's office to apply for title, registration or receive a temporary permit for that vehicle, the applicant is not entitled to any proration of taxes or fees in lieu of taxes due.

(4) If the certificate for proration is submitted after the application for title, registration or a temporary permit has been submitted by the applicant, retroactive abatement of taxes or fees in lieu of taxes will not be permitted.

(5) For purposes of proration, any portion of a month will be treated as a whole month.

History

Authorizing statute(s): Sec. 61-3-506, MCA
Implementing statute(s): 61-3-101, 61-3-501, 61-3-503, 61-3-504, 61-3-529, MCA
History: NEW, 1997 MAR p. 2292, Eff. 12/16/97.

Mont. Admin. R. 23.3.807 General Provisions

(1) If the statewide motor vehicle computer system is temporarily out-of-service when an applicant comes in to title or register a vehicle, the transaction must be delayed until the computer system is operational.

(2) If taxes or fees in lieu of taxes on a vehicle subject to the provisions of 61-3-504 or 61-3-529 , MCA, have not been paid for the immediate previous year, the back taxes or fees will be computed under these rules, unless the applicant can prove that a different amount is owed based on the applicant's submission of the preceding year's mail renewal card (or like document prepared by the department) with the proper amount stated.

(3) No adjustments, including but not limited to a refund of taxes or fees in lieu of taxes paid in a prior tax year, will be made as a result of an MSRP or RC being replaced by a published or standard MSRP or RC in a subsequent tax year.

History

Authorizing statute(s): Sec. 61-3-506, MCA
Implementing statute(s): 61-3-101, 61-3-501, 61-3-503, 61-3-504, 61-3-529, MCA
History: NEW, 1997 MAR p. 2292, Eff. 12/16/97.

Subchapter 23.3.9 Alcohol Analysis

Mont. Admin. R. 23.3.903 Installation Certificate

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): 61-8-405(6) MCA
Implementing statute(s): 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

Mont. Admin. R. 23.3.904 Operator Supervisor Certificate Repealed

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): 61-8-405(6) MCA
History: AMD & TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

Mont. Admin. R. 23.3.905 Operator's Certificate

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

Mont. Admin. R. 23.3.906 Exemption from Certification Repealed

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

Mont. Admin. R. 23.3.914 Special Certification Repealed

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

Mont. Admin. R. 23.3.935 Methods of Analysis

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

Mont. Admin. R. 23.3.937 Expression of Results

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

Mont. Admin. R. 23.3.938 Calibration or Standardization

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): 61-8-405(6) MCA
History: AMD & TRANS, from Dept. of Health & Environmental Sciences; 1978 MAR p. 1622, Eff. 12/15/78; REP, 1985 MAR p. 1614, Eff. 11/1/85.

Mont. Admin. R. 23.3.953 Definitions

The following definitions apply throughout this chapter:

(1) "Certificate holder" means the manufacturer or vendor who the department has issued a certificate authorizing the use of a particular IID, or a manufacturer or vendor to install, service, calibrate, remove, and monitor certified IIDs.

(2) "Circumvention" means the attempted or successful bypass of an ignition interlock device (IID), including but not limited to:

(a) operating a vehicle without a properly functioning IID;

(b) disconnecting any part of the IID including the control head while the vehicle is in operation;

(d) introducing any breath sample from an air compressor, manual air pump, or other mechanical device to start, attempt to start, or operate a vehicle equipped with an IID;

(e) introducing a breath sample from someone who is not the restricted driver;

(f) introducing any altered, diluted, contaminated, stored, or filtered breath sample;

(g) intentionally disrupting or blocking a digital image identification device;

(h) operating the interlock vehicle after the IID detects excess breath alcohol.

(3) "Manufacturer" means the person, company, or corporation responsible for the design, construction, and/or production of the IID.

(4) "Manufacturer representative" means an individual designated to act on behalf of and/or represent the manufacturer in all matters relating to the IID certification process, compliance, and reporting requirements with the department.

(5) "Service center" means a location where certified IIDs are serviced, installed, and removed.

(6) "Tampering" means any act or attempt to disable or circumvent the operation of an IID.

(7) "Vendor" means a person or entity designated by the manufacturer to conduct business on behalf of the manufacturer.

(8) "Vendor representative" means an individual designated by the vendor as a contact for the department.

(9) "Violation reset" means a driver had a violation requiring an unscheduled service of the IID.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2018 MAR p. 589, Eff. 3/17/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.954 Low Breath Volume Medical Exemption

(1) An individual, manufacturer, or vendor may request to lower the minimum breath sample because a restricted driver has diminished lung capacity.

(2) Diminished capacity may be established through documentation submitted to the department by the appropriate judicial authority or by a medical professional.

(3) It is solely within the department's discretion to issue an exemption.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2018 MAR p. 589, Eff. 3/17/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.955 Ignition Interlock Device Certification

(1) The Motor Vehicle Division Administrator or designee must issue a certification of an ignition interlock device (IID) before that device is authorized to be installed pursuant to Montana Code Annotated and the Administrative Rules of Montana.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.957 Mandatory Requirements for an Ignition Interlock Device

An IID must meet the following requirements before it may be certified:

(1) Comply with all applicable standards set under the Model Specifications of the National Highway Traffic Safety Administration Model Specifications for Breath Alcohol Ignition Interlock Devices 78 FR 26849-26867 (2013), Montana Code Annotated, and ARM Title 23.

(2) Be installed in such a manner that it will not interfere with the normal operation of the vehicle after it has been started.

(3) Work accurately and reliably in an unsupervised environment and under extreme weather conditions.

(4) Require a deep lung breath sample or use an equally accurate measure of blood alcohol concentration equivalence. This requirement is met if the IID allows a minimum of 1200 ml or 1.2 L of breath for an acceptable breath sample.

(5) Resist tampering and show evidence if tampering is attempted.

(6) Be difficult to tamper with or circumvent. This may be shown by:

(a) using special locks, seals, and installation procedures that prevent or record evidence of tampering and/or circumvention attempts;

(b) breath anti-circumvention features such as alternating breath flow, hum tone, breath temperature and any other Motor Vehicle Division-approved anti-circumvention features must be activated during all start up and random breath tests;

(c) changes in software and IID configuration, including anti-circumvention features and the State of Montana configuration profile must only be administered by the manufacturer.

(7) Minimize inconvenience of a sober driver.

(8) Operate reliably over the range of vehicle environments.

(9) The manufacturer must be adequately insured for product liability.

(10) Include a minimum supply of two disposable mouth pieces upon installation, designed to minimize the introduction of saliva into an IID, and an additional mouth piece with every calibration period.

(11) Automatically and completely purge residual alcohol before allowing subsequent tests.

(12) Be designed to permit a restart without testing within two minutes of a stall or when the ignition has been turned off.

(13) Once there is a failed start attempt, require an increasing wait period for subsequent attempts to initially start the vehicle. After a first failed start attempt the wait period is 5 minutes, after a second failed start attempt the wait period is 10 minutes, and for all subsequent failed start attempts within a 2-hour period the wait period is 30 minutes. The device must be capable of notifying the driver of this time period. Acceptable forms of notification are use of an indicator light, audible tone, voice modulation, and/or count down timer.

(14) Require a violation reset when the driver has:

(a) failed an initial start attempt four times within any two-hour period;

(b) circumvented or tampered with the IID;

(15) If the driver fails to service the vehicle within 10 days of violation reset, the device must be put into lockout mode preventing the vehicle from starting.

(16) Uniquely identify and record each time the vehicle is attempted to be started and/or started, the results of all tests, retests, or failures as either being a malfunction of the device or from the driver not meeting the requirements, how long the vehicle was operated, any indication of bypassing or tampering with the IID, and whether the device entered into a violation reset.

(17) To be certified, an ignition interlock device must be capable of being preset, by only the manufacturer, at any fail level from .02 through .09 g/210L BrAC (plus or minus .005 g/210L BrAC). The actual setting of each ignition interlock device, unless otherwise mandated by the originating court, must be .025 g/210L BrAC. The capability to change this setting must be made secure by the manufacturer.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.960 Application for Certification for an Ignition Interlock Device

(1) A manufacturer must submit an application to the Motor Vehicle Division requesting a letter of certification for an IID.

(2) The manufacturer must:

(a) complete the application for certification for an IID;

(b) give the manufacturer name, physical, mailing, and e-mail addresses, and phone number;

(c) give the manufacturer and, if applicable, the manufacturer's representative's name, physical, mailing, and e-mail addresses, and phone number;

(d) give a detailed description of the IID, including the instruction, installation, and troubleshooting manuals;

(e) give written verification that the IID complies with all applicable standards set under the Model Specifications of the National Highway Traffic Safety Administration Model Specifications for Breath Alcohol Ignition Interlock Devices 78 FR 26849-26867 (2013), Montana Code Annotated, and ARM Title 23, including ARM 23.3.957;

(f) give a statement that:

(i) the applicant and their employees will cooperate with the Motor Vehicle Division at all times, including its inspection of the manufacturer or vendor's installation, service, repair, calibration, use, removal, or performance of IID;

(ii) the applicant agrees to give all downloaded IID data, reports, and information related to the IID to the Motor Vehicle Division in an approved electronic format;

(iii) the applicant or their employees agree to give testimony relating to any aspect of the installation, service, repair, calibration, use, removal, or performance of the ignition interlock at no cost on behalf of the State of Montana or any other political subdivision;

(g) give the IID configuration profile;

(h) submit a report from an International Organization For Standardization certified testing laboratory documenting:

(i) the test results of the IID;

(ii) the test results must be dated on or after May 8, 2013;

(iii) the manufacturing date of the IID test samples;

(iv) the serial numbers and firmware and software versions of the devices tested;

(v) all technical specifications describing the accuracy and reliability of the device;

(vi) the test results must verify that the proposed IID meets or exceeds the model specifications of the National Highway Traffic Safety Administration Model Specifications for Breath Alcohol Ignition Interlock Devices 78 FR 26849-26867 (2013) and any additional requirements established by the State of Montana;

(vii) authorizing signatures, and attestation by the corporate officers of the independent laboratory indicating the accuracy of the reported results;

(i) the applicant must bear all costs associated with the laboratory analysis and required reporting;

(j) if specifically requested by the Motor Vehicle Division, give two IIDs for field and laboratory testing;

(k) give the alcohol reference value and type of calibration device used to check the IID.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.965 Manufacturer or Vendor Certification and Inspection

(1) A manufacturer or vendor must submit an application to the Motor Vehicle Division requesting a letter of manufacturer or vendor certification to repair, install, remove, or service a certified IID.

(2) The manufacturer or vendor must:

(a) complete the Motor Vehicle Division application form;

(b) give the manufacturer or vendor's name, physical, mailing, and e-mail addresses, and phone number;

(d) give the vendor's name, physical, mailing, and e-mail addresses, and phone number;

(e) give a written statement from the manufacturer that authorizes the vendor to install the manufacturer's certified IID;

(f) give a certificate of insurance showing that they have adequate liability insurance;

(g) certify that each lease agreement for an IID:

(i) gives a warning that a person who knowingly tampers with, circumvents, or otherwise misuses the IID is subject to criminal prosecution;

(ii) describes all fees a lessee may be charged to install, remove, repair, or service an IID;

(iii) gives lessees a statement of charges clearly specifying warranty details, monthly lease amount, and any other fees charged by the manufacturer or vendor; and

(iv) gives the lessee written notice of any changes in the statement of charges regardless of what person or agency requested the change, prior to the implementation of such changes.

(h) give a certification that the manufacturer or vendor services the entire State of Montana with a service center within 150 miles of any individual who must have an IID installed. If a manufacturer or vendor cannot give a fixed location for the 150-mile requirement, then a detailed statement on how the manufacturer or vendor gives service to all of the State of Montana, including mobile or mail programs. A manufacturer or vendor may request a waiver of this requirement due to hardship;

(i) give a written statement describing the calibration procedures and the interval the restricted driver must submit the IID for calibration and inspection;

(j) attach to the application a list of all service centers, including:

(i) the physical, mailing, and e-mail addresses, and phone numbers of each service center;

(ii) the service center's hours of operation;

(iii) the type of the certified IID serviced;

(iv) the type of calibration device used for the serviced IID;

(v) a copy of IID data reader download procedures; and

(vi) a list of all fees that may be charged to the lessee to install the manufacturer's certified IID.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.970 Manufacturer, Vendor, and Service Center Inspection

(1) A vendor or manufacturer must agree to allow access for Motor Vehicle Division employees or their designee to conduct an inspection of the manufacturer, vendor, or service center at any time during scheduled business hours to ensure compliance.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.974 Motor Vehicle Division Issuance or Renewal of Certification

(1) The Motor Vehicle Division administrator or designee is authorized to issue an IID, manufacturer, or vendor certification. The Motor Vehicle Division administrator or designee is authorized to renew a manufacturer or vendor certification.

(2) Upon receipt of an application for certification or renewal, the administrator or designee must review the application for completeness.

(a) If the application is incomplete, the administrator or designee with total discretion may either:

(i) contact the applicant to request missing information. The applicant has 20 days to give the requested information or the administrator or designee must deny the application; or

(ii) return to the applicant the incomplete application with notification to resubmit a completed application;

(b) If the application is complete, approve when all requirements are met and issue the IID, manufacturer, or vendor certification. The certification must be sent to the applicant by certified mail return receipt requested;

(c) Deny a completed application when all requirements are not met. If denied, send a written notification of denial to the applicant by certified mail return receipt requested;

(d) The Motor Vehicle Division may deny an application for certification for a manufacturer or vendor if the number of certificate holders exceeds the ability to economically sustain more than a limited number of vendors.

(3) If an application is denied, the applicant must wait ninety days before submitting a new application.

(4) A certification is effective from the date stated on the letter and is valid for three years or until it is surrendered or revoked, except that a manufacturer is not required to renew a certified IID.

(5) The Motor Vehicle Division has absolute discretion to review the certification at any time, including requesting sample devices to conduct IID field and laboratory tests.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.976 Revocation or Surrender of a Certification

(1) The holder of a certification must send immediate notice to the Motor Vehicle Division if it is no longer in business or if it wishes to voluntarily relinquish its certification.

(2) The Motor Vehicle Division administrator or designee must revoke a letter of certification if it receives notice that the holder of a letter of certification is no longer in business or that the holder wishes to voluntarily relinquish its certification.

(3) The administrator or designee may revoke a letter of IID certification for an IID for the holder's violation of any of the laws or regulations related to the installation, servicing, monitoring, removal and calibration of IIDs, including but not limited to additional requirements including Montana statutes or administrative rules.

(4) The administrator or designee must issue a written notice of revocation and send it to the holder of the letter of certification for ignition interlock.

(5) Upon revocation of a letter of IID certification:

(a) the Motor Vehicle Division must notify all vendors that all of the uncertified IIDs must be removed and replaced by a certified IID within sixty-five days of the revocation;

(b) the vendor must notify all affected lessees of the revocation and the requirement the uncertified IID must be removed and replaced with a certified device within the sixty-five days and submit proof to the Motor Vehicle Division;

(c) upon revocation of an IID certification, the manufacturer's IID(s) will be removed from the list of certified IIDs on the Motor Vehicle Division's web site.

(6) Upon revocation of a letter of manufacturer or vendor certification:

(a) the vendor must notify all affected lessees of the revocation and the requirement they must transfer to a certified manufacturer or vendor within the sixty-five days and submit proof to the Motor Vehicle Division;

(b) upon revocation of a certification, the manufacturer's IID(s) will be removed from the list of certified manufacturers or vendors on the Motor Vehicle Division's web site.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.978 Modification to a Certified Iid

(1) A certificate holder must immediately notify the Motor Vehicle Division, in writing, of any material modification to a certified IID. A material modification is any addition or reduction in features, software version changes, configuration profile changes, or alteration in the components and/or the design of the certified IID.

(2) A manufacturer must resubmit evidence of compliance as required by the Administrative Rules of Montana to the Motor Vehicle Division within thirty days of notifying the Motor Vehicle Division of a material modification.

(3) The Motor Vehicle Division will determine if the device must be submitted for recertification.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.980 Certified Iid Installation, Maintenance, Calibration, Removal, and Reports

(1) Each restricted driver must:

(a) have a certified IID installed in any vehicle they drive prior to the Motor Vehicle Division issuing them a probationary or restricted driving permit;

(b) submit the vehicle and installed IID for calibration and inspection at intervals not to exceed sixty-five days;

(2) At the time of installation, the certificate holder must ensure:

(a) the installer follows the manufacturer's instructions for proper installation and affixes to the IID a label substantially complying with the following notation: "Warning - This IID has been installed under the laws of the State of Montana. Attempts to disconnect, tamper with, or circumvent this IID may subject you to criminal prosecution. For more information, call (insert manufacturer, vendor, or service center's toll free number).";

(b) the restricted driver is thoroughly trained on the proper use and functionality of an IID; and

(c) that a user reference, operation, and problem-solving guide in English or Spanish is provided to the restricted driver when an IID is installed.

(3) At the time of calibration, the service center must:

(a) download data contained in an IID's memory or data logger. The manufacturer or vendor certificate holder must make an electronic copy of the client data and the results of each examination; and

(b) remove from service any IID no longer meeting the certification standards. The serial number of the device must be kept on record for three years. An IID removed from service for no longer meeting the certification standards may be placed back in service only if it is repaired to meet the standards and all repairs are documented. These records must be kept for three years.

(4) At the time of removal, the certificate holder must:

(a) remove the IID at the direction of the referring agencies at the end of the probationary period;

(b) remove the IID if the Motor Vehicle Division notifies the holder that the device is no longer certified. The holder must ensure the immediate replacement with a certified IID;

(d) remove the IID, upon written authorization from the Motor Vehicle Division;

(e) return the vehicle in normal operating condition after removal;

(f) notify the referring agency and the Motor Vehicle Division of the removal of the IID within 24 hours of the removal; and

(g) provide any final report requested by the referring agency or the Motor Vehicle Division to the requestor once the IID has been removed from a restricted driver's vehicle(s).

(5) If the restricted driver does not appear for a removal appointment and makes no attempt to appear to remove the IID, the replacement cost of the IID may be added to the lessee's account.

(6) The certificate holder must:

(a) ensure all downloaded data is reviewed;

(b) determine a restricted driver's compliance with the referring agency's requirements;

(c) retain all information obtained as a result of each calibration or inspection. Information must be retained by the manufacturer, vendor, or service center for three years from the date the IID is removed from the vehicle;

(d) not authorize or assist with the disconnection of an IID, or enable the use of any "emergency bypass" mechanism or any other "bypass" procedure that allows a person restricted to use the vehicle equipped with a functioning IID, to start or operate a vehicle without providing all required breath samples. Doing so may subject the person to criminal prosecution and may cause the revocation of a certification; and

(e) report all known IID circumventions or tampering to the Motor Vehicle Division in a Motor Vehicle Division-approved electronic format within ten days of determining that an IID was circumvented or tampered with and if requested, must report to the referring agency in a similar time line.

(7) The certificate holder may permit:

(a) the use of remote codes for vehicle repair by a mechanic other than the restricted driver; and

(b) the use of remote codes to override a vehicle lockout mode to facilitate the servicing of a device.

(8) The manufacturer or vendor must notify the referring agency of any violation resets within ten days of the vehicle being serviced following a violation reset in a format acceptable to the referring agency.

(9) The manufacturer or vendor must notify the referring agency of any device being placed in lockout mode preventing the vehicle from being started within ten days of the vehicle being serviced following a violation reset in a format acceptable to the referring agency.

(10) In addition to any other information required by the Motor Vehicle Division or by a referring agency, all reports to the Motor Vehicle Division and the referring agency must include:

(a) the full name, address, and driver's license number of the restricted driver;

(b) the full name and address of the lessee and registered owner of the vehicle the device is installed in;

(d) the unique serial number of the IID; and

(e) the toll free telephone number, and certification number of the manufacturer or vendor who prepared the report for the IID.

(11) Under no circumstances will a manufacturer, service center, or ignition interlock technician knowingly permit a restricted driver to drive a vehicle not equipped with a functioning IID.

(12) The sale or use of any type of remote code allowing a restricted driver to bypass a lockout condition or any user to not provide a breath sample on vehicle start up is prohibited.

(13) Upon request, the manufacturer or vendor must provide additional reports in a format acceptable to and at no cost to the Motor Vehicle Division and the referring agency.

(14) Retention of the record of installation, calibrations, downloads, service and associated invoices must be maintained by the certificate holder for a minimum of three years.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.984 Additional Requirements

(1) Notwithstanding other provisions of this chapter, each manufacturer of a certified IID, either on its own or through a vendor approved to do so by the manufacturer must:

(a) guarantee repair or replacement of a defective IID within the state of Montana within a maximum of forty-eight hours of receipt of a complaint or known failure of an IID;

(b) demonstrate to the satisfaction of Motor Vehicle Division, a service delivery plan under which any restricted driver may obtain installation and routine service of that manufacturer's IID within a one hundred fifty-mile radius of his or her place of residence or to request a waiver of this requirement due to hardship;

(c) provide written notification of any changes to a manufacturer's service center network to the Motor Vehicle Division within seven days of such change;

(d) maintain a twenty-four hour, three hundred sixty-five days a year toll-free telephone number for lessees and/or restricted drivers to call if they have problems with a leased IID. Calls must either be answered by an individual who is able to make an initial identification of the problem, or the call must be returned within one hour of the original call. If the problem cannot be immediately resolved, the original call must be forwarded to an ignition interlock technician qualified to service the manufacturer's IIDs within 12 hours of the original call.

(2) The manufacturer or vendor must provide to the Motor Vehicle Division a certificate of insurance on or before the expiration date listed on the current valid certificate of insurance on file with the Motor Vehicle Division that the manufacturer has liability insurance coverage with minimum liability limits of one million dollars per occurrence and three million dollars aggregate.

(3) Liability coverage must include, but not be limited to: Defects in product design, materials, and workmanship during manufacture, calibration, installation, removal, and all completed operations. Such insurance must be provided by a company authorized to offer such coverage in the state, and such company must include the State of Montana as an additional insured, and must agree to notify the Motor Vehicle Division not less than thirty days before the expiration or termination of such coverage. Insurance coverage required in this section must be in addition to, and not considered a replacement for other coverage required by the Administrative Rules of Montana.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.990 Review of Denial, Suspension, or Revocation of Certification

(1) The administrator or designee may deny, suspend, or revoke a letter of certification for an IID, manufacturer, or vendor certification receiving evidence that any certificate holder has failed to comply or no longer complies with any requirement or provision of law or this chapter. The following process will be used:

(a) the administrator or designee will give the applicant or certificate holder notice of the action and an opportunity to be heard prior to denial, suspension, or revocation of the letter of certification, except as provided in (2);

(b) upon receiving notice of the action, the applicant or certificate holder may request an administrative hearing to contest the decision. A request for an administrative hearing must:

(i) be made in writing and mailed to the Motor Vehicle Division; and

(ii) be received by the patrol's Motor Vehicle Division within twenty business days after the date of the notice of action.

(2) The administrator or designee may, without prior notification, suspend a letter of certification for a device, service center, or ignition interlock technician if the administrator or designee finds that there is danger to the public health, safety, or welfare that requires immediate action.

(3) Failure to request a hearing or failure to appear at a hearing, a prehearing conference, or any other stage of an adjudicative proceeding may constitute default and result in the entry of a final order.

(4) Administrative proceedings for revocation or other action will be promptly instituted and determined. The administrator or designee must give notice as practicable to the letter of certificate holder.

(5) Unless the administrator or designee finds that immediate revocation is necessary or unless the certificate holder timely requests a hearing as provided under this section, a decision to revoke or suspend will be effective thirty days from the date of the notice of action decision unless the administrator or designee finds that immediate revocation is necessary.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.991 Hearing and Appeal

(1) Hearings under this chapter will be held pursuant to the Montana Administrative Procedure Act.

History

Authorizing statute(s): 61-8-1025, MCA
Implementing statute(s): 61-8-1025, MCA
History: NEW, 2017 MAR p. 896, Eff. 1/1/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.992 Imposition of Administrative Fee for Alcohol or Drug Test Refusal

(1) Upon notification of a driver's refusal to submit to one or more alcohol or drug tests, the department shall impose an administrative fee.

(2) The administrative fee for each refusal is in addition to any other fee the department shall impose against a driver.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 2018 MAR p. 1601, Eff. 8/11/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.993 Payment

(1) A driver shall be otherwise eligible and pay the administrative fees owed before the department may reinstate a driver's license or privilege to drive.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 2018 MAR p. 1601, Eff. 8/11/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Mont. Admin. R. 23.3.994 Fees Deposited in State Special Revenue Fund

(1) All funds collected for the administrative fee shall be deposited in the blood-draw search warrant processing account in the state special revenue fund and shall be used to provide forensic analysis of a driver's blood to determine the presence of alcohol or drugs.

(2) Funds in the account created in (1) shall be appropriated by the legislature for the purposes provided in 61-8-1016, MCA, and shall be distributed in accordance with the Montana Operations Manual accounting policies.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 2018 MAR p. 1601, Eff. 8/11/18; AMD, 2023 MAR p. 411, Eff. 4/29/23.

Subchapter 23.3.10 Chrome for Kids

Mont. Admin. R. 23.3.1001 General Provisions

(1) There is a state special revenue fund established pursuant to 61-3-415(3), MCA, which shall be known as the Chrome for Kids Wish Fund.

(2) There is a Chrome for Kids Wish Fund Review Committee made up of the administrator of the Motor Vehicle Division, bureau chief of the Driver's Licensing Bureau, and bureau chief of the Records and Driver Control Bureau.

(a) The committee will meet each August to review the amount of funds available for grants in the current fiscal year.

(b) The committee shall notify the public of the amount of grant funds available for that fiscal year by August 30.

(c) Grant applications shall be accepted by the Motor Vehicle Division at any time after the public announcement of funds availability. The deadline for grant submission to the department shall be 60 days after the grant announcement.

(d) The committee will meet within 30 days after the final date of grant submissions to review grant proposals and to award grants for that fiscal year.

(e) Any grant funds awarded must be disbursed and used within two years of the grant award.

History

Authorizing statute(s): 61-3-415, MCA
Implementing statute(s): 61-3-415, MCA
History: NEW, 2013 MAR p. 1523, Eff. 8/23/13.

Mont. Admin. R. 23.3.1002 Wish Fund Grant Criteria

(1) Montana-based nonprofit public or private corporations, which have received the IRS 501(c)(3) tax-exempt designation and whose purpose includes assistance to chronically or critically ill Montana children may apply for a Chrome for Kids Wish Fund grant.

(2) Funds must be used to provide a chronically or critically ill Montana child a special wish. No more than 10% of awarded grant funds can be used for program administration by the applicant.

(3) Children's wishes shall be determined by the parents or legal guardians of minor children in consultation with the child and an attending healthcare provider and may be of the following type:

(a) a visit to a special place such as a children's theme park or a city or metropolitan area to experience unique or different food, arts, education, entertainment, and culture;

(b) a trip to participate in or observe a special activity such as a rodeo, baseball game, surfing, or other physical/sports activity;

(c) financial assistance to provide improvement in the quality of life for the critically or chronically ill child as determined by the attending physician and parents/legal guardian; or

(d) a special activity such as a birthday party or celebration of the child's life as determined by parents/legal guardian.

History

Authorizing statute(s): 61-3-415, MCA
Implementing statute(s): 61-3-415, MCA
History: NEW, 2013 MAR p. 1523, Eff. 8/23/13.

Mont. Admin. R. 23.3.1003 Application Requirements

(1) Grant applicants must submit the following materials with each grant application:

(a) the legal title of the nonprofit organization and the address of its principal office;

(b) a list of the organization's board members and their occupations;

(d) a name of the proposed grant, the amount of funding requested, the general purpose of the proposed grant, and a specific description of how any awarded grant funds would be used; and

(e) any evidence of public support for the proposed grant.

History

Authorizing statute(s): 61-3-415, MCA
Implementing statute(s): 61-3-415, MCA
History: NEW, 2013 MAR p. 1523, Eff. 8/23/13.

Mont. Admin. R. 23.3.1004 Grant Review and Evaluation

(1) Eligibility of the requesting organization will be evaluated to determine whether it meets the criteria established in statute and these rules.

(2) All applications shall be reviewed and evaluated for project type, funding requested, need for the project, and whether the funding will be used and completed within the two-year period.

(3) Successful grant applicants will be required to provide the Motor Vehicle Division with a report, once grant funds are exhausted, that details specifically how the grant funds were used.

History

Authorizing statute(s): 61-3-415, MCA
Implementing statute(s): 61-3-415, MCA
History: NEW, 2013 MAR p. 1523, Eff. 8/23/13.

Subchapter 23.3.11 Adult School Crossing Guards

Mont. Admin. R. 23.3.1101 Training for Adult School Crossing Guards

(1) An adult school crossing guard may be a school district employee or an adult volunteer member of the community. Training for adult school crossing guards may be provided by the school district or local law enforcement and should include:

(a) safety issues for crossing guards and limitations of children as pedestrians;

(b) review of basic traffic laws, school zone signs, and pavement markings;

(d) street-crossing procedures and ways to impart them to children; and

(e) other information on traffic safety, injury prevention, and personal responsibility that the school district considers important for pedestrian safety and safe crossing operation.

History

Authorizing statute(s): 20-1-214, MCA
Implementing statute(s): 20-1-214, MCA
History: NEW, 2014 MAR p. 1392, Eff. 6/27/14.

Mont. Admin. R. 23.3.1102 Safety Equipment for Adult Crossing Guards

(1) Adults performing school crossing supervision shall wear high-visibility, retro reflective Class 2 safety apparel and use a STOP paddle in accordance with the sign manual adopted by the Department of Transportation.

History

Authorizing statute(s): 20-1-214, MCA
Implementing statute(s): 20-1-214, MCA
History: NEW, 2014 MAR p. 1392, Eff. 6/27/14.

Mont. Admin. R. 23.3.1103 Operating Procedures for Adult Crossing Guards

(1) Adult crossing guards shall not direct traffic or act in a manner similar to that used by a law enforcement officer at the scene of a crash or within an area of high-volume traffic. School crossing guards shall control only pedestrian traffic.

(2) Adult crossing guards shall direct and assist school-age children by identifying and utilizing gaps in traffic to help pedestrians safely cross a street. The school crossing guard shall identify and take advantage of a sufficient gap in the traffic flow. When safe, the school crossing guard shall stand in the roadway with a STOP paddle to alert motorists that pedestrians are in the process of using or waiting to use the crosswalk and that all vehicle traffic must stop and yield to pedestrians.

History

Authorizing statute(s): 20-1-214, MCA
Implementing statute(s): 20-1-214, MCA
History: NEW, 2014 MAR p. 1392, Eff. 6/27/14.

Chapter 23.4 Forensic Science Division

Subchapter 23.4.1 Alcohol Analysis

Mont. Admin. R. 23.4.101 Certification of Persons and/or Installations

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.102 Definitions

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.103 Initial Certification

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR. p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.104 Exemption of Clinical and Hospital Laboratories

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.105 Requirements for Certification of Persons and/or Installations Not Exempt from Certification Requirements

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.106 Training Levels

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.107 Certification Application Forms

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.108 Tests

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.109 Certificate Records

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.110 Renewal of Certification

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.111 Report of Change or Discontinuance

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.112 Access to Premises for Inspection Repealed

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.113 Surveys and Proficiency Tests Repealed

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.114 Suspension or Revocation

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.115 Training Course Approval

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985, MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.116 Breath Test Records

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.117 Blood and Urine Test Records

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.118 Reporting Test Results

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): . 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.119 Required Certification for Breath Alcohol Testing

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.120 Biannual Inspection

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1987 MAR p. 16, Eff. 1/16/87.

Mont. Admin. R. 23.4.121 Operator Supervisor Required Repealed

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.131 Blood Sampling

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.132 Urine Sampling

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.133 Breath Sampling

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.134 Sampling of Other Bodily Substances Repealed

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 67-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.135 Breath-Testing Instruments

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Mont. Admin. R. 23.4.136 Operation of Breath-Testing Devices

Publisher status: INEFFECTIVE (not currently effective).

REPEALED

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: NEW, 1985 MAR. p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

Subchapter 23.4.2 Drug and/or Alcohol Analysis

Mont. Admin. R. 23.4.201 Definitions

Unless the context requires otherwise, the following definitions apply to this subchapter:

(1) "Alcohol" means an organic hydrocarbon molecule which contains a hydroxyl (oxygen, hydrogen) as its primary functional group, such compounds to include such common alcohols as: methanol, ethanol, isopropanol, and all other compounds chemically classified as an alcohol.

(2) "Alcohol analyses" includes any testing required to achieve a result demonstrating the presence and/or concentration of alcohol in breath, blood, or any other bodily substance.

(3) "Alveolar air" means that air which is located in the alveoli of the lungs and is responsible for the exchange of gases between the blood and the lung. This is the type of breath upon which the 2100:1 breath blood ratio is established."

(4) "Anticoagulant" means any substance which prevents the clotting of the blood sample.

(5) "Associated equipment" means:

(a) any device which can be directly attached to the breath analysis instrument and is not considered an expendable item, i.e., a wet bath simulator; or

(b) any approved device capable of capturing and analyzing deep lung air to detect and verify the presence of alcohol, i.e., a PAST device.

(6) "Blood" refers to whole blood, serum, or plasma.

(7) "Breath" refers to that portion of the exhaled deep lung air that is collected for alcohol analysis.

(8) "Breath analysis instrument" means any device which is capable of capturing and analyzing deep lung air to establish the concentration of alcohol contained in that sample. Such instruments must be approved by the Forensic Science Division.

(9) "Breath analysis instrument change" means any substitution or replacement of any electronic, optical, or mechanical part or device which adheres to the original specification(s) and does not affect or change the analytical or operational sections of the breath analysis instrument. Such change does not require reapproval of the breath analysis instrument.

(10) "Breath analysis instrument modification" means any alteration, variation, or redesign of any part, device, or electronic circuit which directly affects, alters, varies, or changes the analytical and/or the operational section of the breath analysis instrument. Such modification may at the discretion of the division, require reapproval of the breath analysis instrument.

(11) "Breath analysis instrument update" means any advancement, augmentation, addition, or replacement of any part or device with a different specification, which may or may not affect the analytical or operational sections of the breath analysis instrument. Such update may, at the discretion of the division, require reapproval of the breath analysis instrument.

(12) "Breath-test specialist" means a person qualified under these rules to use a breath analysis instrument or a preliminary alcohol screening device, i.e., PAST device. Depending on the person's degree of training as set forth in ARM 23.4.216, he/she may be certified as:

(a) operator;

(b) senior operator; and/or

(13) "College of American Pathologists" means the organization nationally recognized by that name with headquarters in Northfield, Illinois, which surveys clinical laboratories upon their request, and accredits clinical laboratories which it determines meet its standards and requirements.

(14) "Deep lung air" means that air which comes from the deeper section of the lung and contains only a portion of alveolar air. This is the type of breath captured by the breath analysis instrument.

(15) "Department" means the Department of Justice.

(16) "Division" means the Forensic Science Division of the Department of Justice.

(17) "The Joint Commission" (formerly known as The Joint Commission on Accreditation of Hospitals) means the organization nationally recognized by that name with headquarters in Chicago, Illinois, that surveys health care facilities upon their request and grants accreditation status to any health care facility that it determines meets its standards and requirements.

(18) "Laboratory" means the Forensic Science Division.

(19) "Manufacturer" means the actual producer of the breath analysis instrument, associated equipment, accessories, and/or supplies.

(20) "Preliminary alcohol screening test" or "PAST" means any device meeting the definition of (8)(b).

(21) "Preservative" means any chemical which inhibits the development of bacterial growth in a collected blood sample or which inhibits or prevents enzymatic hydrolysis of drugs by cholinesterase, i.e., potassium oxylate and sodium fluoride.

(22) "Renewal materials" in ARM 23.3.217 means materials which relate to the field of breath alcohol testing, and may include an exam, a practical demonstration on the instrument, current legal decisions, or updates on instrument technology and operation.

(23) "Sample" means blood, breath, urine, or other biological fluid to be analyzed for the presence of drugs and/or alcohol pursuant to this subchapter. All samples must be of sufficient volume so that complete analysis may be performed.

(24) "Supply" means any item which is consumed during one or more test modes of the breath analysis instrument or associated equipment, i.e., simulator solution and mouthpieces.

(25) "Test," in reference to a breath analysis, means a full and complete analysis of properly delivered breath sample or samples. Such analysis is to be considered complete when the breath analysis instrument has executed its prescribed program, a final result known as the reported alcohol concentration is obtained, and a printed record is produced by the breath analysis instrument. All breath analyses must be performed in accordance with the procedures set forth by the Forensic Science Division. In reference to other biological sample analysis, a test of the sample may consist of more than one analysis of the submitted sample or samples in accordance with the procedures set forth by the Forensic Science Division.

(26) "Vendor" means any company or representative or a manufacturer responsible or involved in the sale and/or marketing of breath analysis instrumentation, associated equipment, accessories, and/or supplies.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1988 MAR p. 275, Eff. 2/12/88; AMD, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 119, Eff. 1/27/95; AMD, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23; AMD, 2024 MAR p. 1389, Eff. 6/8/24.

Mont. Admin. R. 23.4.202 Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

Mont. Admin. R. 23.4.203 Exemptions

(1) The following are exempt from the certification required by this subchapter:

(a) all clinical and hospital laboratories under the direct supervision of a pathologist or certified medical technologist which are either licensed by the Montana Department of Health and Environmental Sciences or accredited by the College of American Pathologists, the Joint Commission on Accreditation of Hospitals, or some other similar health accrediting authority;

(b) a laboratory operated by the department.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1988 MAR p. 275, Eff. 2/12/88; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.204 Suspension or Revocation of Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

Mont. Admin. R. 23.4.205 Types of Breath-Testing Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

Mont. Admin. R. 23.4.206 Recertification of Persons Performing Breath Testing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

Mont. Admin. R. 23.4.207 Breath Test Records

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

Mont. Admin. R. 23.4.208 Reporting Breath Test Results

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 61-8-405(6) MCA
Implementing statute(s): Sec. 61-8-405(6) MCA
History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

Mont. Admin. R. 23.4.209 Breath Analysis Instruments

(1) All models of breath analysis instruments used to administer testing according to 61-8-1019, MCA, must be approved by the division. The models operated by certified operators and/or senior operators prior to and on the effective date of this rule are deemed approved by the division.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1988 MAR p. 275, Eff. 2/12/88; AMD, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.210 Surveys and Proficiency Tests

(1) Equipment and records used by nonexempt certified persons or persons applying for certification for blood testing are subject to on-site inspections by representatives of the division.

(2) The person shall accept from the division for analysis periodic evaluation samples and participate in a national blood alcohol proficiency testing program (i.e., program conducted by the College of American Pathologists).

(3) A copy of the results of evaluation sample analysis and proficiency tests shall be sent to the division.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1988 MAR p. 275, Eff. 2/12/88; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.211 Blood and Urine Test Records

(1) All nonexempt persons performing blood and urine tests and/or analyses shall maintain the following records:

(a) proof of certification;

(b) records of tests performed and the results; and

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1988 MAR p. 275, Eff. 2/12/88; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.212 Breath Analysis Instrumentation and Associated Equipment

(1) All manufacturers/vendors of breath analysis instruments, associated equipment, and supplies are required to submit such breath analysis instrumentation, associated equipment, or supplies to the division for formal state approval prior to introduction into the state of Montana.

(2) A record of all breath analysis instruments which have met the approval criteria established by the division shall be kept on file at the division.

(3) A record of all associated equipment and supplies which have met approval criteria established by the division shall be kept on file at the division.

(4) The division reserves the right to withdraw approval status of any breath analysis instrument, associated equipment, or supply, or the manufacturer's/vendor's approval to market said product, if the manufacturer/vendor fails to comply with the provisions set forth in the approval criteria or regulations pertaining to the manufacturer's/vendor's responsibilities to the state of Montana.

(5) Manufacturers/vendors of breath analysis instrumentation, equipment, and/or supplies must comply with the following regulations:

(a) All manufacturers/vendors must have a completed and signed application on file with the division.

(b) All manufacturers/vendors must provide technical manuals, schematics, and other material necessary for operation, preventative maintenance, and repair of the breath analysis instruments and associated equipment.

(c) The manufacturer/vendor shall provide at least two breath analysis instruments for the approval process. The manufacturer/vendor shall provide at least two (or more at the request of the division) associated equipment devices for the approval process.

(d) The manufacturer/vendor shall, if requested to do so, send at least one representative knowledgeable in the technology and electronic configurations of the breath analysis instrument and capable of providing training for the personnel in the breath analysis section of the division. The manufacturer/vendor shall, if requested to do so, send at least one representative knowledgeable in the technology and electronic configurations of the associated equipment.

(e) The manufacturer/vendor must provide all information concerning any modification, change, or upgrade to an approved breath analysis instrument or approved associated equipment within six months of that modification, change or upgrade. The division will evaluate such modifications, changes, or updates and determine if such modification, change, or update necessitates reapproval of the breath analysis instrument.

(f) Failure to comply with these or any subsequent manufacturer/vendor related regulations may negate the manufacturer's approval to market additional breath analysis instrumentation, associated equipment accessories, and/or supplies in the state of Montana.

(6) The division shall have the duty to select the primary breath analysis instrument for use in the state of Montana. Selection shall be based on, but not limited to, performance of the breath analysis instrumentation in each segment of the state approval process, breath analysis instrumentation field history, legal history, manufacturer's/vendor's support capability, and references of other users.

(7) Breath samples of deep lung air shall be analyzed using only the breath analysis instrumentation or PAST devices approved under this rule.

(8) All results of a breath analysis shall be reported as grams of alcohol by weight per 210 liters of deep lung breath, which contains a portion of alveolar air (G/210L). All test results will be reported on a form approved by the division. Copies of all test results will be sent to the division on a monthly schedule. Failure to file a copy of the report with the division does not invalidate the test results, if the report is on file at the testing location.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 119, Eff. 1/27/95; AMD, 1995 MAR p. 2805, Eff. 12/22/95, AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23; AMD, 2024 MAR p. 1389, Eff. 6/8/24.

Mont. Admin. R. 23.4.213 Field Certification of Breath Analysis Instruments and Associated Equipment

(1) Breath analysis instruments shall be field certified for accuracy at least once every 31 days by a senior operator using an ethyl alcohol water standard or an ethyl alcohol gas standard which has been approved by the division and using the field certification report form for the breath analysis instrument being certified.

(a) A field certification shall consist of a series of no less than two analyses obtained using an approved alcohol standard.

(b) A field certification is valid when the results of the approved standard are at plus or minus 10% of target value. The results of the field certification shall be reported to the third decimal (0.000) and recorded on the field certification report form. If a test record card or tape is used, it shall be affixed to the field certification report which is to be kept at the testing location, and a copy of the field certification report will be prepared for the division. All field certification reports will be sent to the division on a monthly basis.

(c) The approved ethyl alcohol water standard will not be used for longer than three months after its first date of use. The ethyl alcohol gas standard will not be used beyond the expiration date listed on the standard.

(d) Results of a field certification analysis outside the range specified in this rule shall be confirmed by the senior operator. If the test results are still out of the specified range, the breath analysis instrument will be removed from service and the division shall be notified.

(e) A field certification shall be performed whenever a new breath analysis instrument is placed in service or when a breath analysis instrument is returned to service. In addition, whenever a breath analysis instrument is placed in a mobile service capacity, a field certification shall be done prior to mobile use and again at the end of mobile use. The field certification results must be on file at the testing location before the breath analysis instrument can be used for subject testing.

(f) After each use, the ethyl alcohol water standard shall be stored in a closed container and placed in a cool dark area. This storage requirement does not apply to the ethyl alcohol gas standard.

(g) The field certification report form and results will be kept on file at the testing location. The division will receive copies of all field certification report forms along with copies of all breath analysis report forms. All reports will be sent to the division on a monthly basis.

(h) Failure to file a copy of the report with the division does not invalidate the field certification, or any subject analysis performed at that location, if the report is on file at the testing location.

(i) A field certification prior to any subject test, and either calibration checks with approved alcohol standards performed during the subject test or a field certification following a subject test, shall create the inference that the breath analysis instrument was in proper working order at the time of the subject test.

(j) A breath analysis instrument's field certification shall be considered valid for 31 days forward from the date of a proper field certification.

(2) All devices meeting the definition of "associated equipment" contained in ARM 23.4.201(6)(b) shall be field certified for accuracy at least once every 31 days by a breath-test specialist who has received training approved by the division in the proper methods for conducting such analyses.

(a) A PAST's field certification shall consist of a series of no less than two analyses using an ethyl alcohol water or ethyl alcohol gas standard approved by the division.

(b) A field certification is valid when the results of the approved standards are at plus or minus 10% of target value. The results of the field certification must be recorded and maintained in the administering agency's files.

(c) Results of a field certification analysis outside the range specified in (2)(b) shall be confirmed/adjusted by the senior operator. If the test results are still out of the specified range, the PAST will be removed from service.

(d) A field certification shall be performed whenever a new PAST is placed in service or when a PAST is returned to service. The field certification results must be on file with the agency before the PAST can be used for subject testing.

(e) The individual law enforcement agencies using PASTs shall maintain a record of the field certifications of each individual device. Such record shall include but not be limited to:

(i) the date of the field certification;

(ii) the serial number of the PAST;

(iii) the results obtained and if an adjustment was made;

(iv) the lot number of the ethyl alcohol water standard or ethyl alcohol gas standard; and

(v) the name of the individual conducting the analysis.

(f) A PAST's field certification shall be considered valid for 31 days forward from the date of a proper field certification.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.214 Laboratory Certification

(1) All breath analysis instruments shall be returned to the division for a laboratory certification. A laboratory certification shall be considered valid for 365 days from the date of a laboratory certification. Such certification shall at a minimum consist of:

(a) a complete analysis of the breath analysis instrument's diagnostic functions and settings;

(b) a series of controlled ethyl alcohol water/gas standards shall be analyzed with an accuracy requirement of +/- 5% or .005, whichever is greater, on all target values;

(d) a review of the breath analysis instrument's sensitivity for the detection of interfering substances.

(2) A record of the laboratory certification report shall be kept on file at the division.

(3) All new breath analysis instrumentation must receive a laboratory certification prior to placement in the field. Any breath analysis instrument sent to a location other than the division, or an approved repair facility within the state of Montana for maintenance or repair is required to receive a laboratory certification from the division prior to the instrument being placed back into service.

(4) All breath analysis instruments received from the division either after the laboratory certification, preventive maintenance, or after repair, must have a field certification performed by the senior operator, as set forth in ARM 23.4.213, prior to analysis of any subject's breath.

(5) The results of the laboratory certification report shall be placed on file with the division and a copy of the laboratory certification shall be filed with the testing location. Failure to file with the testing location does not invalidate the laboratory certification, or any subject analysis performed at that location, if such certification is on file with the division.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.215 Qualification of Breath Analysis Location

(1) All locations performing breath analysis must have one or more senior operator(s) responsible for the care, maintenance, and field certification of the breath analysis instrument. The senior operator does not have to be a member of the department which has the physical placement of the breath analysis instrument.

(2) All locations must have a sufficient number of breath-test specialists to warrant placement. The number of breath-test specialists for any location will be based on the total number of operators and senior operators within the county.

(3) All locations will provide an adequate operational environment for the breath analysis instrument. If a location fails to do so, the division shall have the right to place that location on suspension, and if the location does not meet approval within 90 days of notification of suspension, the division will revoke the location's certification. If the breath analysis instrumentation is state-owned, the breath analysis instrumentation will be removed.

(4) All locations are required to submit copies of all field certification reports and all breath analysis reports on a monthly basis. Failure to maintain this reporting schedule may result in the revocation of a testing location's certification and revocation of the senior operator's certification. Failure to file the above reports does not invalidate any subject analysis or field certification performed at that location.

(5) In order to obtain approval as a certified test location, an application must be submitted to the division. The division will review the application and will respond with its decision. Applications will be available through the division. All locations established prior to April 1, 1990, are exempt from the application requirement and are granted certification status.

(6) Temporary testing locations may be designated upon the request of a law enforcement agency if the division feels that such location is warranted. Such location must conform to all certification specifications required for a permanent testing location.

(7) Mobile testing locations may be designated upon the request of a law enforcement agency if the division feels that such location is warranted. All mobile testing shall be done in a manner approved by the division. No formal application is required.

(8) All locations should have an equipment control form and a signed user agreement on file with the division to maintain their certification status.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.216 Initial Certification of Breath-Test Specialists

(1) An individual meets the qualifications for an operator permit by:

(a) attending an approved training course conducted by personnel from the division;

(b) satisfactorily demonstrating knowledge of the principles of breath test analysis through discussion and examination; and

(2) The division shall issue an operator's permit to persons complying with (1)(a) through (c).

(3) If an operator candidate fails the certification examination, he/she may retake the examination within 30 days of notification of failure. An operator candidate failing the operator examination a second time, must retake the operator initial certification training course and examination.

(4) An individual meets the qualifications for a senior operator permit by:

(a) holding a valid operator permit;

(b) attending an approved senior operator training course conducted by personnel from the division;

(c) satisfactorily demonstrating knowledge of the principles of breath-test analysis through discussion and completion of the senior operator training course;

(d) satisfactorily demonstrating competent operation of the breath analysis instrumentation; and

(e) satisfactorily demonstrating competent preparation and analysis of controlled solutions utilized in field certifications.

(5) The division shall issue a senior operator's permit to an operator successfully complying with (4)(a) through (e).

(6) A person meets the qualifications for technician by:

(a) holding a valid senior operator permit for at least one year. A special exemption for this requirement may be obtained through the division;

(b) attending an approved technician training course conducted by personnel from the division, or an approved manufacturer's course in technical repair and maintenance;

(c) satisfactorily demonstrating knowledge of the technology utilized by the specific breath analysis instrument for which the individual wishes to hold a permit; and

(d) satisfactorily demonstrating competency in problem solving and repair of specific breath analysis instrument.

(7) The technician permit is held in addition to the senior operator permit. An individual holding a technician permit is required to continue the duties and responsibilities of a senior operator.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.217 Renewal of Breath-Test Specialist Permits

(1) The division will develop and provide breath-test specialist permit renewal materials to a senior operator for each department.

(2) Senior operators shall provide the permit renewal materials to all breath-test specialists within the senior operators' department. A senior operator from another department may provide the permit renewal materials to departments with no senior operator.

(3) All breath-test specialists shall review the permit renewal materials and acknowledge review as required by the division.

(4) The senior operators shall send all acknowledgment forms to the division unless digital acknowledgment is requested by the division.

(5) The division shall renew permits for all breath-test specialists complying with (3).

(6) A breath-test specialist failing to comply with (3) prior to expiration of her/his current permit, shall not perform any analysis of a person's breath for alcohol until the breath-test specialist's permit is renewed. All breath-test specialists who fail to comply with (3) within 90 days of the expiration date of her/his current permit must either complete an initial certification course or file a written request with the division for an exemption. Exemption requests will be reviewed and approved for good cause by the division. Good cause may include, but is not limited to, lapse in law enforcement service due to military duty, illness, death in the family, or injury. If approved, the breath-test specialist must then comply with (3) within 30 days of the division's approval date.

(7) The division may directly provide the approved permit renewal materials to, and accept acknowledgment forms from, any breath-test specialist at the division's discretion.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 119, Eff. 1/27/95; AMD, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; EMERG, 2012 MAR p. 398, Eff. 2/15/12; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.218 Permits

(1) No individual may perform a breath analysis for alcohol pursuant to 61-8-1019, MCA, without a current permit. Individuals holding permits issued by the division shall perform only those functions designated by that permit.

(2) Permits shall expire on January 31 in the year following initial certification or permit renewal. The division has the right to deny or delay the issuance or renewal of any permit for good cause.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.219 Revocation of Permits

(1) The division may deny, deny renewal of, suspend, or revoke the permit of any permit holder who:

(a) obtained such permit falsely or deceitfully;

(b) fails to comply with any section of the rules; or

(2) The division has the right to revoke, suspend, or deny any permit for good cause.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.220 Collection of Blood Samples for Drug and/or Alcohol Analysis

(1) Blood samples will be collected from living individuals only by persons authorized by current law, upon written request of a peace officer, or officer of the court. Blood samples that are drawn or analyzed by medical staff for medical diagnostic or treatment purposes, and not at the request of a peace officer or an officer of the court, are exempt from these rules.

(2) The skin at the area of puncture must be thoroughly cleansed and disinfected with an aqueous solution of a nonvolatile antiseptic, i.e. betadine, etc. Alcohol phenolic solution may not be used.

(3) The blood sample will be deposited in a clean, dry container. The container should then be capped or stoppered, sealed, and the following information provided:

(a) name of the subject;

(b) date of the collection;

(d) evidence seal to be signed and dated.

(4) All blood samples must be of sufficient volume to provide accurate and repeatable analyses. Required volumes will be dependent on the current technology employed by the division. Any submitted sample not meeting the required sample volume will not be analyzed.

(5) The division will provide collection kits consisting of approved collection tubes and the appropriate request forms for collection of blood samples. The division reserves the right to accept or reject any blood sample submitted in a commercially available collection kit.

(6) The approved collection tube will be one that contains a preservative, sodium fluoride or its equivalent, and an anticoagulant, potassium oxalate or its equivalent. The use of other types of collection tubes will be at the discretion of the division.

(7) When possible, the peace officer requesting the blood sample shall observe the collection of the sample so that he/she may attest to the sample's authenticity.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 119, Eff. 1/27/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.221 Collection of Postmortem Samples for Drug and/or Alcohol Analysis

(1) Sampling of body substances other than blood, breath, or urine is considered valid only in postmortem cases. All postmortem body material must be obtained prior to the embalming process. The sample or samples must be taken by a physician, board certified pathologist, the county coroner or a designated representative of the county coroner.

(2) Whenever a postmortem blood sample is collected, all practical precautions to ensure a representative, uncontaminated sample must be employed. Care must be taken to avoid contamination of the sample by gastrointestinal contents if it is necessary to sample heart blood. There must be adequate mixing of the blood sample before withdrawal. If a heart blood sample is taken without autopsy, precautions against dilution of the blood with pleural or pericardial fluids must be employed.

(3) In any postmortem collection of blood, the primary sample for analysis shall be femoral blood. If such sample is unattainable, the next sample of choice shall be heart blood. If a heart blood sample is unattainable, the sample of choice will be urine. Any sample to be drawn will be an uncontaminated sample.

(4) In the event that no fluid samples can be preserved, tissue samples may be submitted. Preferred tissue samples to be brain, liver, lung, and kidney.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 119, Eff. 1/27/95; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Mont. Admin. R. 23.4.225 PRELIMINARY ALCOHOL SCREENING TESTS (PASTs)

(1) All models and/or types of PAST devices used for testing must be approved by the division. A list of approved PAST devices will be maintained at the division.

(2) Individuals conducting PASTs as authorized by statute must be certified as breath-test specialists.

(3) Individuals certified as breath-test specialists pursuant to ARM 23.4.216 on or before July 1, 1995, are deemed to be PAST-certified after attending a PAST operation course approved by the division. Individuals certified as breath-test specialists after July 1, 1995, are deemed to be PAST-certified.

(4) Individuals responsible for field certification of the PAST must receive training approved by the division outlining the procedures for conducting such certifications.

(5) All PAST results will be recorded in a manner approved by the division. As presently used, the results shall be reported only as positive or negative.

(6) PAST results of 0.020 G/210L or greater shall be considered positive for the presence of alcohol, and PAST results of less than 0.020 G/210L shall be considered negative for the presence of alcohol.

History

Authorizing statute(s): 61-8-1019, MCA
Implementing statute(s): 61-8-1019, MCA
History: NEW, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12; AMD, 2023 MAR p. 413, Eff. 4/29/23.

Subchapter 23.4.5 DNA Index

Mont. Admin. R. 23.4.501 Definitions

Unless the context requires otherwise, the following definitions apply to this subchapter:

(1) "Blood" means whole blood which contains the cellular components and the serum or plasma of blood.

(2) "Buccal swab" means a swab taken from the mouth area to collect cheek cells.

(3) "CODIS" means the FBI's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories. The term "CODIS" is derived from combined DNA index system.

(4) "Collection card" means the DNA database collection card prepared by the division and furnished with the DNA sample collection kit.

(5) "Department" means the Montana department of justice.

(6) "Division" means the forensic science division of the Montana department of justice.

(7) "DNA databank" means the repository of DNA samples collected under the provisions of 44-6-101 through 44-6-110 , MCA, and this subchapter.

(8) "DNA identification index" means the computerized identification record system adopted by the department for the storage and retrieval of an individual's DNA record.

(9) "DNA record" means DNA identification information stored in the department's DNA database or CODIS.

(10) "DNA sample" means a blood or tissue sample.

(11) "DNA sample collection kit" means a packet of materials issued by the division for use in collecting, storing and transporting DNA samples.

(12) "EDTA" means the preservative ethylenedia-minetetraacetic acid.

(13) "Marker" means a genetic trait found in DNA including, but not limited to, the STR loci CSF1PO, THO1, TPOX, vWA, D16S539, D7S820, D13S317, D5S818, FGA, D3S1358, D8S1179, D18S51, D21S11 and Amelogenin.

(14) "STR" means short tandem repeat.

History

Authorizing statute(s): Sec. 44-6-110, MCA
Implementing statute(s): Sec. 44-6-101, MCA
History: NEW, 1996 MAR p. 2172, Eff. 8/9/96; AMD, 2002 MAR p. 1983, Eff. 7/26/02.

Mont. Admin. R. 23.4.502 Collection of Biological Samples for Dna Analysis

(1) A buccal swab sample shall be collected by the appropriate law enforcement agency, corrections facility or other statutorily authorized agency.

(2) A blood sample shall be collected by a physician, registered nurse, licensed practical or vocational nurse, licensed clinical laboratory technologist, or any other health care worker who is trained to properly collect blood samples or other biological specimens.

(3) The division shall provide a reasonable quantity of DNA sample collection kits to criminal justice or law enforcement agencies in this state at no cost to that agency. A DNA sample collection kit shall consist of a mailing envelope bearing an international biohazard symbol containing another envelope, a pair of gloves, two pieces of evidence tape, a kit shipping seal, a collection card with a swab collection envelope, a plastic bag with two cotton swabs, an absorbent pad, instructions for collection of DNA samples, and any other items designated as appropriate by the division.

(4) When collecting a DNA sample, a submitting agency shall use a DNA sample collection kit provided by the division, or any other method which is generally considered acceptable for the collection, storage and transportation of biological specimens.

(5) If the DNA sample collecting kit provided by the division is not utilized, the submitting agency shall package the sample for shipment to the division in compliance with United States postal service regulations (Domestic Mail Manual section CO 23.10.4) for mailing biological specimens.

(6) The person who collects the DNA sample shall seal the material and mark the container with the contributor's name and social security number before returning it to the representative of the submitting agency.

(7) To the extent possible, the submitting agency shall also provide the following information to the department when submitting a DNA sample:

(a) subject's name and signature;

(b) subject's social security number;

(d) subject's gender;

(e) subject's race;

(f) subject's SID, FBI and/or juvenile offender number;

(g) subject's qualifying offense or offenses;

(h) subject's left and right thumb prints;

(i) date and time sample was collected;

(j) name and signature of the individual collecting the DNA sample;

(k) name of the submitting agency and phone number;

(l) name of the person preparing the information herein requested; and

(m) record of the chain of custody of the specimen.

(8) A representative of the submitting agency shall witness the collection of the sample in order that he or she may attest to the sample's authenticity.

(9) Unless the record already exists in the DNA identification index, any person may voluntarily submit a DNA sample to the division for the purpose of creating a DNA record under this subchapter.

History

Authorizing statute(s): Sec. 44-6-110, MCA
Implementing statute(s): Sec. 44-6-103, MCA
History: NEW, 1996 MAR p. 2172, Eff. 8/9/96; AMD, 2002 MAR p. 1983, Eff. 7/26/02.

Mont. Admin. R. 23.4.503 Storage of Dna Samples

(1) The DNA sample should be kept in a secure location and mailed to the division within seven days.

History

Authorizing statute(s): Sec. 44-6-110, MCA
Implementing statute(s): Sec. 44-6-103, MCA
History: NEW, 1996 MAR p. 2172, Eff. 8/9/96; AMD, 2002 MAR p. 1983, Eff. 7/26/02.

Subchapter 23.4.6 Distribution of Autopsy Reports

Mont. Admin. R. 23.4.601 Distribution of Autopsy Reports

(1) The Medical Examiner’s Office within the Forensic Science Division performs postmortem examinations at the request of county coroners, county attorneys, hospitals, federal agencies, or the Attorney General. As necessary, the Medical Examiner’s Office may independently order a postmortem examination.

(2) Insurance company, family, or guardian requests for autopsy reports prepared by the Medical Examiner’s Office will be referred to the coroner agency, county attorney, or the Attorney General that requested the postmortem examination. The Medical Examiner’s Office will not release reports directly to family members or other private entities unless the medical examiner was responsible for ordering the postmortem examination.

History

Authorizing statute(s): 44-5-103, 44-5-301, 44-5-302, 46-4-103, 46-4-110, 46-4-122, MCA
Implementing statute(s): 50-21-104, MCA
History: NEW, 2026 MAR, Notice No. 2026-152, Eff. 9/26/26.

Chapter 23.5 MOTOR CARRIERS (Transferred to TRANSPORTATION, TITLE 18)

Subchapter 23.5.1 Safety Requirements

Mont. Admin. R. 23.5.103 Application of Safety Rules to Lightweight Vehicles

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA
Implementing statute(s): 69-12-201(2), MCA
History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; REP, 1995 MAR p. 2807, Eff. 12/22/95

Mont. Admin. R. 23.5.104 Exemption from Driver Safety Standards for Local Commercial Vehicles

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA
Implementing statute(s): 69-12-201(2), MCA
History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; REP, 1995 MAR p. 2807, Eff. 12/22/95.

Mont. Admin. R. 23.5.106 Commercial Vehicle Safety Alliance

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA
Implementing statute(s): 69-12-201(1), MCA
History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; REP, 1995 MAR p. 2807, Eff. 12/22/95.

Mont. Admin. R. 23.5.107 Critical Item Inspection

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA
Implementing statute(s): 69-12-201(1), MCA
History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; REP, 1995 MAR p. 2807, Eff. 12/22/95.

Mont. Admin. R. 23.5.108 Inspection Report

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-1-1005(1), 69-12-201(1), 69-12-201(2), MCA
Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA
History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; REP, 1995 MAR p. 2807, Eff. 12/22/95.

Mont. Admin. R. 23.5.109 Out of Service Orders

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA
Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA
History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; REP, 1995 MAR p. 2807, Eff. 12/22/95.

Mont. Admin. R. 23.5.110 Safety Inspection Identification Decals

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA
Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA
History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; REP, 1995 MAR p. 2807, Eff. 12/22/95.

Mont. Admin. R. 23.5.111 Location of Inspections

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-1-1005, 69-12-201, MCA
Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA
History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; REP, 1995 MAR p. 2807, Eff. 12/22/95.

Chapter 23.6 Highway Patrol Division

Subchapter 23.6.1 Tow Trucks

Mont. Admin. R. 23.6.101 Definitions

In addition to the definitions contained in 61-8-903, MCA, and unless the context requires otherwise, the following definitions apply to this subchapter:

(1) "Cargo" means the contents inside or on a towed or hauled vehicle or any unit attached to a towed vehicle.

(2) "Certified" means having passed the annual tow truck safety inspection administered by the Montana highway patrol pursuant to 61-8-907, MCA.

(3) "Class 'D' towing" means, for purposes for the state law enforcement rotation system, that a class "A" or "B" tow truck has been called from the rotation system, but the operator finds that the call involves only retrieving an inoperable vehicle from a roadway or its immediate vicinity, so that the use of a rollback or car carrier would be more appropriate.

(4) "Class 'E' towing" means, for purposes of the state law enforcement rotation system, that a class "A", "B", or "C" tow truck has been called from the rotation system, but the operator finds, upon inspection of the scene, that it cannot perform the recovery and towing without at least one more tow truck and access to supportive equipment.

(5) "Classified" means having been placed in one of the classes of commercial tow trucks, pursuant to 61-8-905, MCA.

(6) "Committee" means the tow truck complaint resolution committee.

(7) "CVSA" means the commercial vehicle safety alliance.

(8) "Garage keeper's legal liability or on-hook insurance" means insurance coverage for loss or damage to motor vehicles (as defined in the policy) which are in the care of the insured, an entity that keeps customers' motor vehicles for storage or repair, which loss or damage is caused by the insured's failure to exercise the degree of care required by law.

(9) "Independent classification" means a classification from an independently qualified person or entity approved by the patrol to classify tow trucks pursuant to ARM 23.6.103.

(10) "Independent rating" means the weight rating set forth on the vehicle's nomenclature plate or in a written communication from an independently qualified person or entity approved by the patrol to rate tow trucks.

(11) "Manufacturer's rating" means the weight rating set forth on the vehicle's nomenclature plate or in a written communication from the manufacturer.

(12) "Noncommercially modified tow truck equipment" means tow truck equipment that has been noncommercially modified in a way that the operational characteristics of the equipment have been affected.

(13) "Patrol" means the highway patrol division of the Montana department of justice.

(14) "State rotation system" means the state law enforcement rotation system established in 61-8-908, MCA.

History

Authorizing statute(s): 61-8-911, MCA
Implementing statute(s): 61-8-903, MCA
History: NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03.

Mont. Admin. R. 23.6.103 Classification of Tow Truck Equipment

(1) All operators of commercial tow truck equipment in the state of Montana who wish to participate in the state law enforcement rotation system must have their tow trucks classified. In order to have a tow truck classified, an operator must submit a request for classification to the patrol. This request must contain the following:

(a) the operator's name, address, and telephone number;

(b) the tow truck's serial number and base of operations;

(d) an affidavit of use, if required.

(2) In order to meet the requirements of (1) (c) above, all operators of commercially manufactured tow truck equipment must submit to the department proof of the manufacturer's rating of their tow truck(s) . If the tow truck's nomenclature plate is not available for inspection by the patrol, the operator must obtain written documentation of the weight rating from the manufacturer and submit it to the patrol.

(3) In order to meet the requirements of (1) (c) and (d) above, all operators of noncommercially manufactured or modified tow truck equipment must:

(a) have their equipment classified by the department if the equipment was in service on or before October 1, 1995; or

(b) have their equipment independently classified if the equipment was placed in service after October 1, 1995.

(4) Any structural modification to noncommercially manufactured or modified tow truck equipment must be independently rated.

(5) Upon receipt of an operator's request for classification of his or her equipment, the patrol shall set and inform the operator of a time for inspecting and classifying the equipment.

(6) Upon completion of the classification inspection, the patrol shall inform the operator in writing of the results of the classification; in addition, the patrol shall inform the operator that the operator disputes the classification of its equipment.

History

Authorizing statute(s): 61-8-911, MCA
Implementing statute(s): 61-8-905, MCA
History: NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03.

Mont. Admin. R. 23.6.105 Tow Truck Complaint Resolution Committee - Establishment

(1) Pursuant to 61-8-912, MCA, there is a tow truck complaint resolution committee, consisting of six members.

(2) The Attorney General shall appoint the members of the committee. Applications for appointment to the committee from the patrol shall come from the colonel of the patrol. Applications from the tow truck industry, the commercial motor carrier industry, and the insurance industry may be made by anyone involved in those industries. Applications from the public may come from any interested person wishing to serve on the committee.

(3) The deadline and procedure for appointment to the committee shall be established by the Attorney General and posted on the Department of Justice's web site. The Attorney General will provide reasonable notice of the deadline and application procedure.

(4) All applications must be in writing and must be in accordance with the procedure established by the Attorney General.

(5) The terms of the members of the committee shall be three years, starting in the month of the year of the member's appointment. The Attorney General shall stagger the terms and shall appoint the successor to any committee member unable to complete his or her term.

(6) The Attorney General may remove any member of the committee for any reason prior to the completion of their term. In such instance, the Attorney General shall appoint the successor to any committee member. The successor member shall complete the term of the member whom they replaced and may apply to be appointed to subsequent terms.

(7) The committee shall hold an annual meeting in December of each year. At its annual meeting, the committee shall elect a chair to preside over its meetings and hearings. The committee shall also elect a vice chair to preside in the chair's absence. A quorum of the committee shall consist of at least four members, one of whom must be from the tow truck industry. A majority vote of a quorum is necessary for the committee to take any official action.

History

Authorizing statute(s): 61-8-912, MCA
Implementing statute(s): 61-8-908, 61-8-912, MCA
History: NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03; AMD, 2011 MAR p. 2396, Eff. 11/11/11.

Mont. Admin. R. 23.6.106 Tow Truck Complaint Resolution Committee - Jurisdiction and Procedure

(1) Pursuant to 61-8-912, MCA, the committee shall review and resolve complaints about tow truck issues, including towing charges.

(2) The committee shall have the authority to act as a hearing examiner in contested cases with the powers set forth in 2-4-611, MCA.

(3) Complaints must be signed and submitted in writing to the Office of Consumer Protection (OCP) at P.O. Box 200151, Helena, MT 59620-0151, or to a member of the committee. The complaint must identify the tow truck operator against whom it is filed and include a description of the underlying facts giving rise to the complaint.

(4) After receiving a written complaint, the OCP shall forward a copy of the complaint to the tow truck operator complained of, who has 20 days to respond in writing to the OCP. If the tow truck operator fails to respond within 20 days, beginning on the 21st day, the tow truck operator shall be suspended from participating in the state and local rotation system for a period of 30 days. The tow truck operator shall remain suspended from participating in the state and local rotation system until the tow truck operator responds to the OCP.

(5) The OCP will forward the complaint(s) to the full committee if:

(a) the tow truck operator fails to respond to the complaint;

(b) the tow truck operator lacks the proper registration, licensing, endorsements, equipment, or any other requirement provided by law;

(d) the OCP believes it to be in the best interests of the public.

(6) If the complaint is forwarded to the committee, the committee will:

(a) give all parties to the dispute reasonable notice of the date, time, and location at which the committee will hear the complaint;

(b) request notification by any party of its desire to call witnesses, and the proposed subject of the witnesses' testimony;

(d) provide the responding party an opportunity to answer the complaining party;

(e) provide any other party an opportunity to address the committee regarding the complaint;

(f) provide any witness the committee deems relevant an opportunity to address the committee; and

(g) keep a tape recording of the hearing that may be copied or transcribed at the request of any person who pays the cost thereof.

(7) With a majority vote, the committee may:

(a) dismiss the complaint; or

(b) treat the matter as a contested case under 2-4-611, MCA.

(8) If after a hearing the committee finds the complaint to have merit, the committee may:

(a) issue a warning;

(b) suspend the operator from participating in the state rotation system for six months;

(d) issue some other sanction that a majority of the committee agrees is appropriate.

(9) The committee's decision is subject to judicial review under 2-4-702, MCA.

History

Authorizing statute(s): 61-8-912, MCA
Implementing statute(s): 61-8-908, 61-8-912, MCA
History: NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03; AMD, 2008 MAR p. 2054, Eff. 9/26/08.

Mont. Admin. R. 23.6.108 Vehicle Tow and Storage Requirements - Insurance

(1) For purposes of compliance with the insurance standards of 61-8-906, MCA, an operator's storage facility is deemed to be part of its business premises.

(2) A representative of the Montana Highway Patrol or of a local law enforcement agency may request that a qualified operator in the state rotation system improve its storage facility so as to comply with 61-8-906, MCA. If the operator wishes to contest the request, he or she may file a written complaint with the committee.

(3) Pursuant to 69-12-102, MCA, each and every commercial tow truck operator shall cause proof of insurance coverage to be filed with the Montana Highway Patrol, notwithstanding the fact that any individual operator may be a subsidiary of another operator and may be covered by the parent operator's insurance.

(4) A tow operator must comply with applicable insurance laws at all times, including 61-8-906 and 61-6-302, MCA. If the Montana Highway Patrol is advised at any time that an operator's insurance is expired or cancelled, the operator must immediately cease towing and must take all trucks out of service. The operator must not resume commercial towing until the operator provides proof of valid insurance to the Montana Highway Patrol. If the operator holds a current letter of appointment, the operator will also be reinstated to the rotation list. Such placement on the rotation list is not retroactive.

(5) Proof of insurance, through the submission of the MV-5 form to the Montana Highway Patrol, must be filed prior to the annual safety inspection.

(6) The inspector must confirm proof of vehicle insurance during the annual safety inspection, evidenced by an insurance card as required by 61-6-302, MCA. An operator need not furnish a copy of the MV-5 form to the inspector.

History

Authorizing statute(s): 61-8-911, MCA
Implementing statute(s): 61-8-906, MCA
History: NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03; AMD, 2011 MAR p. 2396, Eff. 11/11/11.

Mont. Admin. R. 23.6.109 Safety Inspection Process

(1) All operators of commercial tow truck equipment in the state of Montana must have an annual safety inspection.

(2) The department hereby adopts by reference the CVSA level 1 inspection, 49 CFR Chapter III, Subchapter B, Appendix G, as standards for the chassis portion of the safety inspections required by 61-8-907, MCA. Copies of these regulations may be obtained from the Montana Highway Patrol, 2550 Prospect Avenue, P.O. Box 201419, Helena, Montana 59620-1419. Compliance with the CVSA level 1 standards must be determined before the tow truck is placed in the state rotation system. The inspector need not complete the CVSA level 1 form unless the tow truck operator requests CVSA certification, but all applicable standards must be met.

(3) Standards for the safety inspection of the towing and recovery equipment that is mounted on the chasses are set forth in ARM 23.6.110.

(4) Standards for the safety inspection of the equipment that a commercial tow truck must carry are set forth in 61-9-411 and 61-9-416, MCA.

(5) As part of the annual inspection process, each tow truck operator shall provide the Montana Highway Patrol with an active driver roster including proof of each driver's towing certification or towing experience and proof of valid driver's license for each driver for the class of vehicle operated. A list of nationally recognized certification programs for tow truck operators that are acceptable to meet the requirements for a qualified tow truck operator under 61-8-903(b)(i) and (ii), MCA, is maintained by the Montana Tow Truck Association.

(6) All safety inspectors must have a CVSA level 1 inspector's certification before being qualified to inspect tow trucks.

(7) A Montana Highway Patrol-approved inspection form will be completed by an assigned trooper. If minimum standards are met, a Montana Highway Patrol-approved decal will be affixed to the lower right hand corner of the windshield indicating passage of the inspection. The decal will indicate the date of the inspection and the class and license plate number of the tow truck.

(8) The safety certification is effective for one year, beginning September 1 of each year. There will be a grace period extending to December 31 at the expiration of the certification to allow for scheduling an inspection of the tow truck. It is the responsibility of the tow truck operator to complete the entire inspection process by December 31. The tow truck must be taken out of service for both commercial and rotation system towing if the inspection process is incomplete by December 31.

(9) It is the responsibility of the tow truck operator to contact the Montana Highway Patrol and Montana Department of Transportation Motor Carrier Services District Captain to request the inspection. The inspection site must be relatively flat and of a hard surface to allow for movement of the inspector under the tow truck.

(10) The department may inspect any tow truck when questions or concerns arise as to the safety or serviceability of the tow truck and there are reasonable grounds for those concerns. The operator must be given advance written notice of such an inspection, and the notice must specify the alleged defects.

(11) Any additional tow truck placed into service by an operator must be qualified and classified prior to answering any commercial towing calls or calls from the law enforcement rotation system.

(12) If any commercial tow truck is sold, the tow truck is not qualified until it is reinspected by the department. In addition, the seller must remove the tow truck's certification decal.

(13) Failure to provide true and accurate information, or failure to supply updated information, required by these rules to the Montana Highway Patrol will result in immediate suspension from commercial towing for a minimum of 30 days. A tow truck operator may not commence commercial towing until complete, accurate, and updated information is provided. Following suspension, a tow truck operator must resubmit all information required by the annual safety inspection and reapply for a letter of appointment to participate in the state rotation system.

(14) This rule is subject to the following qualifications:

(a) if the inspection identifies a defect of any type, the operator is entitled to request a second inspection by another inspector;

(b) if the inspection identifies a non-safety-related defect or deficiency, the operator will be informed of the defect or deficiency and requested to correct it. Failure to correct the defect or deficiency within 30 days of notice will result in suspension from the state rotation system until the defect or deficiency is corrected;

(c) if the inspection identifies a safety-related defect or deficiency, the tow truck will be immediately taken out of service. The tow truck cannot be used in the state rotation system until the reinspection confirms that the defect or deficiency has been corrected; and

(d) if either the inspection form or certification decal is lost, removed, rendered unreadable, or destroyed, the operator must immediately notify the nearest Montana Highway Patrol office that can provide a copy of the inspection report from its files and/or reissue a certification decal.

(15) Once a successful inspection is completed, the inspector will provide a copy of the approved inspection report to the tow truck operator and affix the certification decal to the windshield. A copy of the safety certification must be carried in the tow truck at all times.

History

Authorizing statute(s): 61-8-911, MCA
Implementing statute(s): 61-8-907, MCA
History: NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03; AMD, 2011 MAR p. 2396, Eff. 11/11/11.

Mont. Admin. R. 23.6.110 General Tow Truck Equipment Safety Standards

(1) All towing and recovery equipment mounted on the chassis of a commercial tow truck must meet the following standards:

(a) chain or cable capable of safely handling loads equal to the minimum manufacturer's ratings established in 61-8-905, MCA;

(b) drums capable of fully extending and retracting the cable;

(c) winch equipment capable of safely handling loads equal to the minimum manufacturer's ratings established in 61-8-905, MCA;

(d) a boom as defined by 61-8-903, MCA and which is capable of safely handling loads equal to the minimum manufacturer's ratings established in 61-8-905, MCA.

(2) Any structural modifications to towing and recovery equipment must be independently rated.

History

Authorizing statute(s): 61-8-911, MCA
Implementing statute(s): 61-8-907, MCA
History: NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03.

Mont. Admin. R. 23.6.113 State Law Enforcement Rotation System - Admission and Suspension

(1) The state law enforcement rotation system consists of lists of the names and telephone numbers of qualified class "A", "B", and "C" tow truck operators in different parts of the state. Operators are called as needed from the rotation lists for different classes of tow trucks in succession, subject to considerations of public safety and (5) .

(2) Class D and class E towing operations are not part of the state law enforcement rotation system. Pursuant to the definitions of the two classes given in ARM 23.6.101, they are subsumed under class "A", "B", or "C", depending on the weight rating of the tow truck needed.

(3) An operator seeking to participate in the state law enforcement rotation program must submit a written request to the patrol which includes:

(a) the name of the operator's insurance company;

(b) the class of the operator's tow truck(s) ;

(4) In administering the state rotation system, the department:

(a) is subject to all requirements of 61-8-908, MCA; and

(b) shall reexamine the rotation system as needed to ensure compliance with the statute.

(5) In order to be eligible to participate in the state rotation system an operator must meets the safety standards of the patrol, as set forth in ARM 23.6.109 and 23.6.110.

(6) An operator participating in the state rotation system must respond to or decline any call from the rotation area; he or she may not authorize any other operator or satellite operation to respond to that call. Violation of this rule may result in suspension (permanent or temporary) from the rotation system. An operator responding under this section must respond to the call with the class of equipment requested by the patrol.

(7) Section (6) does not apply to a qualified operator who, with the approval of the officer at the scene, subcontracts with another operator for temporary assistance in the interest of public safety.

History

Authorizing statute(s): 61-8-911, MCA
Implementing statute(s): 61-8-908, MCA
History: NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03.

Chapter 23.7 FIRE PREVENTION AND INVESTIGATION BUREAU (Transferred to Chapter 12)

Subchapter 23.7.1 Fire Safety

Mont. Admin. R. 23.7.105 Adoption of Uniform Fire Code (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 50-3-102(2), 50-61-102, MCA
Implementing statute(s): 50-3-102, 50-61-102, MCA
History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1992 MAR p. 2074, Eff. 8/14/92; AMD, 1993 MAR p. 2953, Eff. 12/10/93; REP, 1996 MAR p. 439, Eff. 2/9/96.

Mont. Admin. R. 23.7.107 Fire Escapes for Public Buildings (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 50-3-102, 50-3-106, MCA
Implementing statute(s): 50-3-106, MCA
History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; REP, 2005 MAR p. 260, Eff. 2/11/05.

Mont. Admin. R. 23.7.111 Uniform Fire Code (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 50-3-102(2), 50-61-102, MCA
Implementing statute(s): 50-3-102, 50-61-102, MCA
History: NEW, 1978 MAR p. 901, Eff. 6/24/78; AMD, 1980 MAR p. 87, Eff. 1/18/80; AMD, 1983 MAR p. 280, Eff. 4/1/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; AMD, 1986 MAR p. 453, Eff. 3/28/86; REP, 1991 MAR p. 1839, Eff. 9/27/91.

Mont. Admin. R. 23.7.141 Who Must Obtain a Permit to Sell (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-102, MCA
History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; REP, 1993 MAR p. 2953, Eff. 12/10/93.

Mont. Admin. R. 23.7.142 Permit Fee (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 50-3-102(2) (a), MCA
Implementing statute(s): 50-39-105(1), MCA
History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; REP, 1993 MAR p. 2953, Eff. 12/10/93.

Mont. Admin. R. 23.7.151 Who Must Obtain a License to Install (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 50-3-102 MCA
Implementing statute(s): Sec. 50-3-102 MCA
History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; REP, 1993 MAR p. 2953, Eff. 12/10/93.

Mont. Admin. R. 23.7.152 License Fee (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 50-3-102 MCA
Implementing statute(s): Sec. 50-3-102 MCA
History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; REP, 1993 MAR p. 2953, Eff. 12/10/93.

Mont. Admin. R. 23.7.153 Duty to Report Employees and Location Change (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 50-3-102(2)(a) MCA
Implementing statute(s): Sec. 50-39-101 et seq. MCA
History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; REP, 1983 MAR p. 15, Eff. 1/14/83.

Mont. Admin. R. 23.7.155 Red Tags (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 50-3-102 MCA
Implementing statute(s): Sec. 50-3-102 MCA
History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; REP, 1985 MAR p. 936, Eff. 7/12/85.

Mont. Admin. R. 23.7.156 Proof of Manufacturer Authorization and Insurance (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 50-3-102 MCA
Implementing statute(s): Sec. 50-3-102 MCA
History: NEW, 1983 MAR p. 15, Eff. 1/14/83; REP, 1985 MAR p. 936, Eff. 7/12/85.

Mont. Admin. R. 23.7.157 Equipment Required

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 50-3-102 MCA
Implementing statute(s): Sec. 50-3-102 MCA
History: NEW, 1983 MAR p. 15, Eff. 1/14/83; REP, 1985 MAR p. 936, Eff. 7/12/85.

Mont. Admin. R. 23.7.158 License Limitations

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 50-3-102 MCA
Implementing statute(s): Sec. 50-3-102 MCA
History: NEW, 1983 MAR p. 15, Eff. 1/14/83; REP, 1985 MAR p. 936, Eff. 7/12/85.

Subchapter 23.7.3 Uniform Fire Code

Mont. Admin. R. 23.7.305 Special Occupancy Uses (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-103, MCA
History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; REP, 2004 MAR p. 364, Eff. 3/26/04.

Mont. Admin. R. 23.7.307 Equipment (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-103, MCA
History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; REP, 2004 MAR p. 364, Eff. 3/26/04.

Mont. Admin. R. 23.7.309 Flammable and Combustible Liquids (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-102, MCA
History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; REP, 2004 MAR p. 364, Eff. 3/26/04.

Mont. Admin. R. 23.7.310 Standards (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-103, MCA
History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; REP, 2004 MAR p. 364, Eff. 3/26/04.

Chapter 23.8 Telecommunications Bureau

Subchapter 23.8.1 Statewide Emergency Telephone System

Mont. Admin. R. 23.8.101 Next Generation 9-1-1 Technology Standards and Baseline Principles

(1) The department adopts the Montana Statewide 9-1-1 Plan Project – NG9-1-1 Uniform Standards Document dated October 9, 2020, to establish standards to be used in the design and transition to next generation 9-1-1.

(2) The department adopts the Baseline Next Generation 9-1-1 Principles dated October 9, 2020, as principles to guide development and implementation of a next generation core services system (NGCS) and a statewide emergency services Internet protocol (IP) network (ESInet) that is compliant with the National Emergency Numbers Association's (NENA) Detailed Functional and Interface Standards for the NENA i3 Solution.

(3) The documents referenced in (1) and (2) may be viewed at https://sitsd.mt.gov/Governance/Boards-Councils/9-1-1 . Copies may be obtained from the Department of Administration, State Information Technology Services Division offices located at 125 North Roberts Street, Helena, Montana 59620.

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-107, MCA
History: NEW, 2020 MAR p. 2237, Eff. 12/12/20; TRANS, from 2.13.210, 2022 MAR p. 833, Eff. 5/28/22.

Subchapter 23.8.2 Public Safety Answering Point Certification, Funding, and Monitoring

Mont. Admin. R. 23.8.201 Definitions

(1) "Certified PSAP" means a local or tribal government entity that hosts a public safety answering point certified by the department as provided in ARM 2.13.304.

(2) "Local government" means the same as defined in 7-11-1002(2), MCA.

(3) "PSAP" means a public safety answering point as defined in 10-4-101, MCA.

(4) "PSAP certification requirements" means the requirements of Title 10, chapter 4, MCA, and ARM Title 2, chapter 13, subchapter 3.

(5) "Tribal government" means any one of the seven federally recognized tribal governments of Montana and the Little Shell Tribe of Chippewa Indians.

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-305, MCA
History: NEW, 2018 MAR p. 427, Eff. 2/24/18; AMD, 2019 MAR p. 1368, Eff. 8/24/19; TRANS, from 2.13.301, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.202 Psap Certification

(1) A local or tribal government entity that hosts a PSAP qualifies as a certified PSAP when it:

(a) operates a 9-1-1 system meeting the minimum requirements under 10-4-103, MCA;

(b) first receives all emergency wireline and wireless voice calls from persons requesting emergency services in the PSAP's service area; and

(2) A local or tribal government entity must host a certified PSAP to receive payments under 10-4-305, MCA.

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-103, 10-4-107, 10-4-305, MCA
History: NEW, 2018 MAR p. 427, Eff. 2/24/18; AMD, 2019 MAR p. 1368, Eff. 8/24/19; TRANS, from 2.13.304, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.203 Application for Certification

(1) An applicant for certification shall submit an application on a form prescribed by the department. Applications may be found on the department's website at

(2) The application must be complete and must include the following:

(a) a declaration signed by an official authorized to act on behalf of the local or tribal government entity submitting the application that the applicant meets the requirements of ARM 2.13.304(1) and will operate in accordance with the PSAP certification requirements; and

(b) a copy of any agreement required under (3) or (4).

(3) If more than one local government entity is participating in an application:

(a) the local government entities must have entered into an interlocal agreement under 7-11-104, MCA, or other agreement addressing the criteria set forth in 7-11-104, MCA, defining the terms of the parties' participation in the 9-1-1 system; and

(b) the declaration required in (2)(a) must be signed by an official authorized to act on behalf of each local government entity participating in the PSAP and must include an acknowledgment that the participating entities have entered into an interlocal agreement or other agreement addressing the criteria set forth in 7-11-104, MCA.

(4) The applicant must be prepared to provide verification of statements made in its application and declaration if requested by the department.

(5) Following initial certification, to continue to receive payments under 10-4-305, MCA, a local or tribal government entity that hosts a PSAP shall apply for recertification on or before April 1, 2023, and every five years following. In the interim, a certified PSAP shall advise the department of any changes that may affect PSAP certification requirements.

sitsd.mt.gov/PublicSafetyCommunications.

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-107, 10-4-305, MCA
History: NEW, 2018 MAR p. 427, Eff. 2/24/18; AMD, 2019 MAR p. 1368, Eff. 8/24/19; TRANS, from 2.13.305, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.204 Certification Process

(1) The department shall review applications for certification to determine whether the applicant has met the PSAP certification requirements.

(2) If an applicant meets the PSAP certification requirements, the department shall issue a written determination, and the certified PSAP may begin receiving payments under 10-4-305, MCA.

(3) If an application for PSAP certification is not approved, the department shall send the applicant written notice of any application deficiencies and PSAP certification requirements that were not met.

(4) The applicant shall have 90 days from the date of the notice to correct deficiencies and demonstrate compliance. Except as provided in (5) or (6), if an applicant has not corrected deficiencies and demonstrated compliance with PSAP certification requirements within 90 days, the department shall:

(a) deny the application or grant conditional PSAP certification; and

(b) provide the applicant notice and an opportunity for hearing.

(5) An applicant that has received a deficiency notice may request an additional 90 days to correct deficiencies or demonstrate compliance with PSAP certification requirements.

(6) If an applicant wishes to immediately dispute a department determination, the applicant may ask the department to provide formal notice of denial and an opportunity for hearing.

(7) The department may appoint a hearing examiner to conduct hearings under 2-4-611, MCA.

(8) The final determination in a contested case regarding PSAP certification is made by the department director.

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-107, 10-4-109, 10-4-305, MCA
History: NEW, 2018 MAR p. 427, Eff. 2/24/18; TRANS, from 2.13.306, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.205 Decertification and Funding Reduction

(1) The department may determine a certified PSAP is not in compliance with PSAP certification requirements if a certified PSAP:

(a) is not in compliance with any of the requirements of Title 10, chapter 4, MCA, or ARM Title 2, chapter 13, subchapter 3;

(b) uses or distributes funds for any purpose other than those identified in ARM 2.13.314;

(d) has not timely provided information requested by the department.

(2) If the department determines a certified PSAP is not in compliance with a PSAP certification requirement, the department shall send the certified PSAP a deficiency letter identifying the PSAP certification requirement that is not met and the action needed to correct the deficiency. The certified PSAP shall have 30 days from the date of the deficiency letter to correct all deficiencies and demonstrate compliance.

(3) A certified PSAP that has received a deficiency letter may request an additional 30 days to correct deficiencies or demonstrate compliance with PSAP certification requirements.

(4) If a certified PSAP disputes a department determination, the certified PSAP may ask the department to provide formal notice of denial and an opportunity for hearing.

(5) Except as provided in (3) or (4), if a certified PSAP has not corrected all deficiencies and demonstrated compliance with PSAP certification requirements within 30 days of the deficiency letter, the department shall provide the certified PSAP notice and an opportunity for hearing under Title 2, chapter 4, part 6, MCA.

(6) The department may appoint a hearing examiner to conduct hearings under 2-4-611, MCA.

(7) The final determination in a contested case regarding PSAP certification is made by the department director.

(8) When the department makes a final determination that a certified PSAP is not in compliance with PSAP certification requirements, the department may:

(a) reduce or suspend payment to the local or tribal government entity or entities involved in the PSAP;

(b) require repayment of funds expended on activities determined not to meet eligibility requirements; and/or

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-107, 10-4-108, 10-4-109, 10-4-305, MCA
History: NEW, 2019 MAR p. 427, Eff. 2/24/18; AMD, 2018 MAR p. 1021, Eff. 5/26/18; AMD, 2019 MAR p. 1368, Eff. 8/24/19; TRANS, from 2.13.310, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.206 Allocation of Funds

(1) Funds in the account for fees collected for 9-1-1 services under 10-4-201, MCA, must be allocated as provided in 10-4-305, MCA.

(2) Each certified PSAP must receive an allocation of the total quarterly balance of the 9-1-1 systems account equal in proportion to the quarterly share received by the local or tribal government entity that hosted the PSAP during state fiscal year 2017.

(3) The department maintains a list of the quarterly share received by local or tribal government entities that hosted PSAPs during the state's 2017 fiscal year. The list can be found on the department's website at sitsd.mt.gov/PublicSafetyCommunications .

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-107, 10-4-201, 10-4-305, MCA
History: NEW, 2018 MAR p. 427, Eff. 2/24/18; AMD, 2019 MAR p. 1368, Eff. 8/24/19; TRANS, from 2.13.313, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.207 Allowable Uses of Funds

(1) Funds distributed to a certified PSAP from the 9-1-1 systems account established by 10-4-304, MCA, may be used by the certified PSAP for 9-1-1 purposes for any of the uses set out in the department's February 13, 2018, list of allowable uses, adopted by reference in this rule. The list is available on the department's website at sitsd.mt.gov/PublicSafetyCommunications.

(2) If items, services, or personnel are used or employed for a purpose other than the 9-1-1 system, the department shall allocate funds based on the cost attributable only to the 9-1-1 system. A certified PSAP shall:

(a) advise the department that items, services, or personnel are used or employed for a purpose other than the 9-1-1 system;

(b) calculate the cost of the items, services, or personnel attributable to the 9 1 1 system and provide the calculation and cost to the department; and

(3) A certified PSAP may further distribute funds to a local government entity or tribal government participating with the certified PSAP in the 9-1-1 system for any of the uses described in (1).

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-107, 10-4-305, MCA
History: NEW, 2018 MAR p. 1021, Eff. 5/26/18; TRANS, from 2.13.314, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.208 Reporting, Monitoring, and Recordkeeping

(1) On or before April 1, a certified PSAP shall submit an annual report documenting the status of payments received by the certified PSAP from the 9-1-1 systems account in a form prescribed by the department. The annual report must document all transactions including distributions, expenditures, and the amount of any funds held in reserve directly attributable to payments received from the 9-1-1 systems account during the preceding years.

(2) The department shall monitor transactions to ensure payments received from the 9-1-1 systems account are used as provided in ARM 2.13.314. The department may determine a certified PSAP is not in compliance with PSAP certification requirements if funds are not used as provided in ARM 2.13.314.

(3) The department may audit transactions involving payments received from the 9-1-1 systems account and may request information and records necessary to determine whether a certified PSAP is compliant with PSAP certification requirements.

(4) A certified PSAP shall keep and maintain records regarding all transactions involving payments received from the 9-1-1 systems account, including, at minimum, the following:

(a) annual revenue and expenditure report(s);

(b) general ledger report(s) (i.e., detailed ledger queries); and

(5) A certified PSAP shall maintain the records described in (4) for a period of five years following the date of distribution or expenditure. The department may determine a certified PSAP is not in compliance with PSAP certification requirements if records are not kept and maintained as provided in this rule.

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-107, 10-4-109, 10-4-305, MCA
History: NEW, 2018 MAR p. 427, Eff. 2/24/18; AMD, 2018 MAR p. 1021, Eff. 5/26/18; TRANS, from 2.13.320, 2022 MAR p. 833, Eff. 5/28/22.

Subchapter 23.8.3 9-1-1 Grant Program

Mont. Admin. R. 23.8.301 Grant Program Definitions

(1) "9-1-1 grant account" means the account established in 10-4-304(2)(b), MCA.

(2) "Certified PSAP" means the same as ARM 2.13.301(1).

(3) "Department's website" means the website sitsd.mt.gov/Governance/Boards-Councils/9-1-1 maintained by the department for the State Information Technology Services Division's Public Safety Communications Bureau.

(4) "Private telecommunications provider" means a provider as defined in 10-4-101(15), MCA.

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-101, 10-4-304, 10-4-306, MCA
History: NEW, 2018 MAR p. 1816, Eff. 9/8/18; TRANS, from 2.13.401, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.302 Eligibility Requirements for Grants

(1) The following may apply for grants as provided in 10-4-306, MCA:

(a) private telecommunications providers; and

(b) certified PSAPs.

(2) For grant awards made during state fiscal year 2019, expenditures incurred by a grant recipient between July 1, 2018, and the grant award date are eligible for reimbursement with 9-1-1 grant program funding.

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-108, 10-4-306, MCA
History: NEW, 2018 MAR p. 1816, Eff. 9/8/18; TRANS, from 2.13.404, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.303 Application for Grants

(1) An applicant for grant funds shall submit an application on a form approved by the department in consultation with the 9-1-1 Advisory Council. The application form is available on the department's website. In fiscal year 2020 and thereafter, grants will be awarded on a prospective basis.

(2) On or before September 30 each year, the department shall determine and provide public notice of the amount of grant funds available.

(3) The department shall provide notice on its website that it is accepting grant applications. Grant applications must be received by the department within 60 days of the posted notice. The department shall post notice of the application deadline on its website.

(4) The department shall make final grant awards within 90 days of receiving the 9-1-1 Advisory Council's recommendations.

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-106, 10-4-306, MCA
History: NEW, 2018 MAR p. 1816, Eff. 9/8/18; TRANS, from 2.13.405, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.304 Applicant Priority and Criteria for Awarding Grants

(1) The department, in consultation with the 9-1-1 Advisory Council, shall apply the applicant priority in 10-4-306(3), MCA.

(2) When evaluating eligible applications for grant funding, after applying the preference in 10-4-306(3), MCA, the department, in consultation with the 9-1-1 Advisory Council, may consider:

(a) completeness and effectiveness of the application. The application must be complete and fully address the requirements in the application form and clearly describe the fulfillment of grant award criteria;

(b) the extent to which the application supports planning, implementation, operation, or maintenance of 9-1-1 systems, 9-1-1 services, or both as provided by 10-4-306(2), MCA;

(c) support for the project demonstrated by letters of support from private telecommunications providers, local governments, public safety answering points, and emergency services agencies;

(d) project duration. The department may prioritize projects that require two years or less to complete;

(e) number of applications submitted. The department may prioritize applicants that submit one application over applicants that submit multiple applications in a single grant application cycle;

(f) cost estimate detail. The department may prioritize applications that include a detailed cost estimate, with supporting documentation, that provide a clear justification for the grant funds requested;

(g) equipment and system life cycle. The department may prioritize applications to replace equipment and systems that are at or near end of life or support;

(h) proportion of grant funding requested. The department may prioritize applications that request less than 33% of the total amount of grant funding available during the grant cycle; and

(i) support in the statewide 9-1-1 plan. The department may prioritize applications that address needs identified in the statewide 9-1-1 plan.

(3) The 9-1-1 Advisory Council shall provide grant award recommendations to the department utilizing the criteria listed in (2). All grant determinations are made in the department's discretion, in consultation with the 9-1-1 Advisory Council, subject to the statutory preference in 10-4-306(3), MCA. A grant award may be made even if the applicant does not meet all of the criteria listed in (2); however, it must be clear from the application that the applicant is requesting funds to support an allowable project or expense identified in 10-4-306(2), MCA.

(4) The department, in consultation with the 9-1-1 Advisory Council, may make conditional or partial grant awards.

(5) The department shall post on its website the 9-1-1 Advisory Council’s grant award recommendations and the department’s final grant awards.

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-106, 10-4-306, MCA
History: NEW, 2018 MAR p. 1816, Eff. 9/8/18; AMD, 2020 MAR p. 179, Eff. 2/1/20; TRANS, from 2.13.407, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.305 Grant Reporting, Monitoring, and Recordkeeping

(1) Grant award recipients shall provide the department quarterly progress reports. If a grant award recipient provides the department progress reports more often than quarterly, the recipient need not provide the quarterly report.

(2) The department may audit transactions involving funds received from the 9-1-1 grant account and may request information and records necessary to determine whether an expenditure complies with these rules.

(3) A grant award recipient shall keep and maintain records regarding all transactions for which the recipient received grant funding, including, at a minimum, supporting documentation (e.g., invoices) for each expenditure that verifies an expenditure is allowable under the terms of the grant award and 10-4-306, MCA.

(4) A grant award recipient shall maintain the records described in (3) for a period of five years following grant expiration. The department may determine a grant award recipient does not comply with these rules if records are not kept and maintained as provided in this rule.

(5) A grant award recipient may request protection from public disclosure of information subject to trade secret confidentiality pursuant to Montana's Uniform Trade Secrets Act by submitting a trade secret confidentiality affidavit in the form found on the department's website.

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-107, 10-4-108, 10-4-306, MCA
History: NEW, 2018 MAR p. 1816, Eff. 9/8/18; TRANS, from 2.13.410, 2022 MAR p. 833, Eff. 5/28/22.

Mont. Admin. R. 23.8.306 Procedures for Repayment of Grant Funds

(1) The department may determine a grant recipient does not comply with these rules if the grant recipient:

(a) is not in compliance with any of the requirements of Title 10, chapter 4, MCA;

(b) uses or distributes funds for any purpose other than those identified in the grant agreement and 10-4-306, MCA; or

(2) If the department determines a grant recipient does not comply with these rules, the department shall send the entity a deficiency letter identifying the rule or requirement that is not met and the action needed to correct the deficiency. The entity has 60 days from the date of the deficiency letter to correct all deficiencies and demonstrate compliance.

(3) A grant recipient that has received a deficiency letter may request an additional 30 days to correct deficiencies and demonstrate compliance with the rules. The request must be filed within 30 days of the date of the deficiency letter referenced in (2).

(4) If a grant recipient disputes a department determination, the entity may ask the department to provide formal notice of agency action and an opportunity for hearing.

(5) Except as provided in (3) or (4), if an entity has not corrected all deficiencies and demonstrated compliance with these rules within 60 days of the deficiency letter, the department shall provide the entity notice and an opportunity for hearing under Title 2, chapter 4, part 6, MCA.

(6) The department may appoint a hearing examiner to conduct hearings under 2-4-611, MCA.

(7) The final determination in a contested case regarding a grant recipient's compliance with these rules is made by the department director.

(8) When the department makes a final determination that a grant recipient does not comply with these rules, the department may either:

(a) reduce or suspend payment to the grant recipient;

(b) require repayment of funds expended on activities determined not to meet the eligibility requirements; or

History

Authorizing statute(s): 10-4-108, MCA
Implementing statute(s): 10-4-108, 10-4-306, MCA
History: NEW, 2018 MAR p. 1816, Eff. 9/8/18; TRANS, from 2.13.411, 2022 MAR p. 833, Eff. 5/28/22.

Chapter 23.12 Division of Criminal Investigation

Subchapter 23.12.1 Criminal History Records Program

Mont. Admin. R. 23.12.101 Final Disposition Reports

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 44-5-213(7) MCA
Implementing statute(s): Sec. 44-5-213 MCA
History: NEW, 1986 MAR p. 43, Eff. 1/17/86; REP, 1993 MAR p. 556, Eff. 4/16/93.

Mont. Admin. R. 23.12.102 Definitions

Unless the context requires otherwise, the following definitions apply to ARM 23.12.102 through 23.12.106:

(1) "Arresting agency" means the law enforcement entity that initiates the restraint of or notification to an individual charged with a criminal offense.

(2) "Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.

(3) "Criminal case history and final disposition report" means a form used by arresting and judicial agencies and the department which contains necessary information to record the criminal proceedings and disposition subsequent to an arrest.

(4) "Criminal justice information network (CJIN)" means a telecommunications network used exclusively for the purpose of information exchange among the state's law enforcement agencies.

(5) "Custodial agency" means the law enforcement entity that maintains physical custody of an individual charged with a criminal offense.

(6) "Custodial arrest" means physical detention or confinement for a criminal offense in a jail or holding facility for a criminal offense.

(7) "Department" means the Department of Justice.

(8) "FBI fingerprint card" means the card provided by the Federal Bureau of Investigation for recording of criminal justice fingerprints, identified as federal form number FD-249.

(9) "Inmate status" means when an individual sentenced to the Department of Corrections is on parole, work release, completes a sentence, is transferred to a half-way house, is on furlough, is transferred to another facility, is deceased, is issued a travel permit, or is discharged.

(10) "Montana arrest numbering system (MANS) number" means a computer generated number obtained through the criminal justice information network (CJIN). The arrest number provides a means to track each custodial or felony arrest and tie the arrest to an individual as the case is processed through the criminal justice system. This number is a permanent identifier of the arrest and has no relationship to the number of charges.

(11) "Originating case agency (OCA) number" means a number not exceeding 12 characters that the arresting agency assigns to an individual following the individual's custodial or felony arrest.

(12) "Originating identifier (ORI) number" means a nine character identification number assigned by the Federal Bureau of Investigation to a criminal justice agency. This number is uniquely assigned to the agency and is used as an identifier when transferring or receiving messages through the CJIN network.

(13) "Qualified entity" means a business or organization, whether public, private, operated for profit, operated not for profit, or voluntary, which provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.

(14) "Statute code charge" means the offense or offenses the individual has been charged with, whether a felony or misdemeanor, followed by a brief description of the crime.

(15) "State identification (SID) number" means a number assigned by the department to an individual following the individual's first custodial or felony arrest. The number remains uniquely assigned to an individual regardless of subsequent arrests.

History

Authorizing statute(s): 44-5-105, MCA
Implementing statute(s): 44-5-213, MCA
History: NEW, 1993 MAR p. 556, Eff. 4/16/93; TRANS, 2008 MAR p. 1803; AMD, 2024 MAR p. 135, Eff. 1/27/24.

Mont. Admin. R. 23.12.103 Montana Arrest Numbering System Number to Be Assigned - Cjin

(1) Following a custodial or felony arrest the arresting agency or by agreement the custodial agency shall access the Montana arrest numbering system (MANS) through the CJIN and have a number assigned to that custodial or felony arrest.

(2) Prior to release the arresting agency or the courts shall ensure that an individual has been fingerprinted and a MANS number registered on the criminal case history and final disposition report form.

(3) If an individual who is charged with a felony but has not been arrested appears before a court the district judge, city judge or justice of the peace shall at the time of the individual's first appearance inform the individual of the requirement that the individual submit to the appropriate law enforcement agency to be fingerprinted and assigned a MANS number. The individual shall submit to the law enforcement agency at the individual's own expense.

History

Authorizing statute(s): 44-5-105, MCA
Implementing statute(s): 44-5-213, MCA
History: NEW, 1993 MAR p. 556, Eff. 4/16/93; TRANS, 2008 MAR p. 1803.

Mont. Admin. R. 23.12.104 Fingerprint Card

(1) Whenever a person charged with a crime is fingerprinted under 44-5-202, MCA, two original FBI fingerprint cards, form number FD-249, must be completed by the arresting agency and submitted to the department.

(2) The completion of the card must follow procedures provided by the department.

(3) The block identified as "state usage" must contain the Montana arrest numbering system (MANS) number.

(4) Arresting, custodial and judicial agencies may enter into agreements to designate an agency or agencies responsible for conveying fingerprint cards to the department.

History

Authorizing statute(s): 44-5-105, MCA
Implementing statute(s): 44-5-213, MCA
History: NEW, 1993 MAR p. 556, Eff. 4/16/93; TRANS, 2008 MAR p. 1803.

Mont. Admin. R. 23.12.105 Criminal Case History and Final Disposition Report

(1) Whenever an individual charged with a crime is fingerprinted under 44-5-202, MCA, a criminal case history and final disposition report, form number CHRP1, made available by the department, must be initiated by the arresting agency. The report form or computer program design must be in a format approved by the department and must include the information designated on the form.

(2) The form must be completed according to the procedures prescribed by the department.

(a) Before the individual is released from custody, the information pertaining to the individual and the initial charge(s) must be completed by the arresting agency and forwarded to the court of appropriate jurisdiction prior to the individual's initial appearance.

(b) The information pertaining to the court action and final disposition must be completed by the clerk of court or a similarly designated official prior to forwarding to the department.

(3) Following sentencing, the clerk of the court shall forward a copy of a completed form number CHRP1 to the department within 15 days.

(4) Arresting, custodial, and judicial agencies may enter into agreements to designate an agency or agencies responsible for conveying form number CHRP1 to the department.

History

Authorizing statute(s): 44-5-105, MCA
Implementing statute(s): 44-5-213, MCA
History: NEW, 1993 MAR p. 556, Eff. 4/16/93; TRANS, 2008 MAR p. 1803.

Mont. Admin. R. 23.12.106 Custodial Fingerprints

(1) Whenever an individual is incarcerated in the Montana State Prison or the Women's Correctional Center, the Department of Corrections shall complete and submit to the department two FBI fingerprint cards, form number FD-249.

(2) The FBI fingerprint card must be completed according to the procedures prescribed by the department.

(3) The Department of Corrections shall notify the department regarding the inmate status on a form prescribed by the department or according to an automated process as agreed to by both departments.

History

Authorizing statute(s): 44-5-105, MCA
Implementing statute(s): 44-5-213, MCA
History: NEW, 1993 MAR p. 556, Eff. 4/16/93; TRANS, 2008 MAR p. 1803.

Mont. Admin. R. 23.12.107 Access to Criminal History Information Provided by the Department to Qualified Entities

(1) A qualified entity shall register with the department before submitting a request for screening under this rule per the following conditions:

(a) each request shall be voluntary and conform to the requirements established in the National Child Protection Act of 1993, as amended;

(b) the qualified entity shall agree to comply with state and federal law and shall so indicate by signing an agreement approved by the department; and

(2) A qualified entity shall submit a request to the department for screening of an employee, volunteer, work-based learning provider, vendor, contractor, or person applying to be an employee, volunteer, work-based learning provider, vendor, or contractor by submitting fingerprints. The qualified entity must maintain a signed waiver allowing the release of the state and national criminal history record information to the qualified entity.

(3) Each request shall be accompanied by the fee authorized by 44-5-307, MCA, plus the amount currently prescribed by the Federal Bureau of Investigation for the national criminal history check in compliance with the National Child Protection Act of 1993, as amended.

(4) The department shall provide directly to the qualified entity the state criminal history records that are not exempt from disclosure under 44-5-103, MCA, or otherwise confidential under law. A person who is the subject of a state criminal history record may challenge the record only as provided in 44-5-215, MCA.

(5) The determination whether the criminal history record shows that the employee, volunteer, vendor, or contractor has been convicted of or is under pending indictment for any crime that bears upon the fitness of the employee, volunteer, work-based learning provider, vendor, or contractor to have responsibility for the safety and well-being of children, the elderly, or disabled persons shall solely be made by the qualified entity. This rule does not require the department to make such a determination on behalf of any qualified entity.

(6) The qualified entity shall notify in writing the person's right to obtain a copy of any background screening report, including the criminal history records, if any, contained in the report, and of the person's right to challenge the accuracy and completeness of any information contained in any report and to obtain a determination as to the validity of the challenge before a final determination regarding the person is made by the qualified entity reviewing the criminal history information. A qualified entity that is required by law to apply screening criteria, including any right to contest or request an exemption from disqualification, shall apply screening criteria to the state and national criminal history record information received from the department for those persons subject to the required screening.

History

Authorizing statute(s): 44-5-105, MCA
Implementing statute(s): 44-5-105, MCA
History: NEW, 2024 MAR p. 135, Eff. 1/27/24; AMD, 2026 MAR, Notice No. 2026-832, Eff. 9/26/26.

Subchapter 23.12.2 Criminal Justice Information

Mont. Admin. R. 23.12.201 Definitions

(1) "Criminal justice agency" means any state, or local government agency that performs as its principal function the administration of criminal justice, including a fire agency or fire marshal that conducts criminal investigations of fires.

(2) "Initial arrest record" means the first record made by a criminal justice agency indicating the facts of a particular person's arrest and includes:

(a) name of the accused;

(b) time and place of the arrest;

(d) pending charges against the accused; and

(e) any available information regarding bail and court appearances.

(3) "Initial offense report" means the first record of a criminal justice agency that indicates that a criminal offense may have been committed and includes the initial facts associated with that offense.

(4) "Juvenile records" means records maintained by youth court, Department of Corrections, or a criminal justice agency relating to a juvenile.

History

Authorizing statute(s): 44-5-105, MCA
Implementing statute(s): 44-5-105, MCA
History: NEW, 2004 MAR p. 1950, Eff. 8/20/04; TRANS, 2008 MAR p. 1803.

Mont. Admin. R. 23.12.202 Public Criminal Justice Information

(1) Pursuant to the Criminal Justice Information Act, 44-5-101 through 44-5-602, MCA, initial offense reports and initial arrest records are public criminal justice information.

History

Authorizing statute(s): 44-5-105, MCA
Implementing statute(s): 44-5-103, 44-5-301, MCA
History: NEW, 2004 MAR p. 1950, Eff. 8/20/04; TRANS, 2008 MAR p. 1803.

Mont. Admin. R. 23.12.203 Initial Offense Reports

(1) Initial offense reports should contain the following:

(a) the general nature of the charges against the accused;

(b) the offense location;

(d) the name of the victim, unless the offense charged was a sex crime; and

(e) the identity of a witness unless the witness has requested confidentiality.

(2) Initial offense reports should not contain:

(a) driver's license numbers;

(b) social security numbers;

(c) medical records, including but not limited to, mental health records and records relating to drug and alcohol addiction or treatment;

(d) with respect to the victim of an offense committed under 45-5-502, 45-5-503, 45-5-504, or 45-5-507, MCA, any information other than the offense location that may directly or indirectly identify the victim; and

(e) with respect to the victim of any offense other than those described in (2)(d) who requests confidentiality, any information other than the offense location that may directly or indirectly disclose the address, telephone number, or place of employment of the victim or a member of the victim's family.

History

Authorizing statute(s): 44-5-105, MCA
Implementing statute(s): 44-5-103, 44-5-301, MCA
History: NEW, 2004 MAR p. 1950, Eff. 8/20/04; TRANS, 2008 MAR p. 1803.

Mont. Admin. R. 23.12.204 Juvenile Records

(1) Subject to (2), the following juvenile records are available for public inspection:

(a) reports of preliminary inquiries;

(b) petitions;

(d) filed pleadings;

(e) court findings;

(f) verdicts; and

(g) orders and decrees on file with the clerk of court.

(2) The juvenile records listed in (1) must be physically sealed on the youth's 18th birthday, in accordance with the procedure and exceptions listed at 41-5-216, MCA. Once sealed, the records are no longer available for public inspection.

History

Authorizing statute(s): 44-5-105, MCA
Implementing statute(s): 44-5-103, 44-5-301, MCA
History: NEW, 2004 MAR p. 1950, Eff. 8/20/04; TRANS, 2008 MAR p. 1803; AMD, 2010 MAR p. 1401, Eff. 6/11/10.

Subchapter 23.12.3 Criminal Intelligence Information

Mont. Admin. R. 23.12.301 Definitions

(1) "Central criminal intelligence file" means a computer system used for collecting, reviewing, storing, referencing, indexing, and disseminating criminal intelligence information, consisting of four current databases:

(a) "DCI/intel database" means a database containing information submitted by the Montana division of criminal investigation.

(b) "Dangerous drugs database" means a database containing information submitted by regional drug task forces and high intensity drug trafficking area task forces.

(c) "General database" means a database containing information submitted by persons authorized to investigate crimes in Montana.

(d) "Montana highway patrol database" means a database containing information submitted by the Montana highway patrol executive protection unit.

(2) "Confidential" means a designation of a criminal intelligence file assigned when a file contains:

(a) information pertaining to an actual, ongoing investigation being conducted by a law enforcement agency;

(b) information identifying a person who has acted as an informant for a law enforcement agency; or

(c) information which is "confidential criminal justice information" as specified in Title 44, chapter 5, MCA, and identified as such by the person submitting such information to the criminal intelligence information section.

(3) "Criminal intelligence security agreement" means a legal contract between a participating agency and the criminal intelligence information section, wherein the criminal intelligence information section agrees to provide information to a participating agency in consideration for the participating agency's agreement to maintain the security of information provided.

(4) "Interim file" means a designation given to a criminal intelligence file that does not meet the criteria for designation as a permanent file.

(5) "Need-to-know" means establishment of the fact that a person authorized to request information from a criminal intelligence file actually requires the information for a purpose directly concerning investigation of a crime enumerated in the Montana Code Annotated.

(6) "Participating agency" means an agency enumerated in 44-5-506 , MCA, and specifically approved as a participating agency, upon successful application to the criminal intelligence advisory council.

(7) "Permanent file" means a designation given to a criminal intelligence file wherein a person or entity may be identified by name or other unique identifying characteristic (e.g., date of birth, social security number, driver's license number, address, numerical identifier assigned to corporation) at the time of file entry.

(8) "Restricted" means a designation of a criminal intelligence file assigned when a file contains information that has not been identified as confidential criminal justice information but concerns or describes strategies or techniques intended or actually employed by law enforcement in an ongoing investigation.

(9) "Right-to-know" means establishment of the fact that a person requesting information from any criminal intelligence file is authorized as a law enforcement officer to do so, and is making the request in an official capacity.

(10) "Section supervisor" means the supervisor of the criminal intelligence information section designated by the attorney general pursuant to 44-5-505 , MCA.

(11) "Security control form" means a form wherein a person within a participating agency authorized to request or receive information from the criminal intelligence information section discloses personal identification information.

(12) "Statement of understanding" means a legal contract between a participating agency and the criminal intelligence information section wherein the participating agency shall agree to maintain certain standards regarding security of information and the constitutional rights of citizens in consideration for the provision of information by the criminal intelligence information section.

(13) "Temporary file" means a designation given to a criminal intelligence file that consists only of an inquiry for information made of the criminal intelligence information section by an authorized participating agency.

(14) "Unclassified" means a designation of a criminal intelligence file exclusively containing information, which is public criminal justice information as specified in 44-5-104 (13) , MCA.

History

Authorizing statute(s): Sec. 44-5-105, 44-5-504, MCA
Implementing statute(s): Sec. 44-5-503, 44-5-504, MCA
History: NEW, 2005 MAR p. 740, Eff. 5/13/05.

Mont. Admin. R. 23.12.302 Content of Criminal Intelligence Files

(1) Any entry of information in any criminal intelligence file must identify the suspected criminal violation of the Montana Code Annotated.

(2) Neither the central criminal intelligence file nor any database maintained by the criminal intelligence information section shall contain:

(a) an entry of information exclusively based on an individual or group's support for a cause which could be considered unpopular;

(b) an entry of information exclusively based on the race or ethnic background of an individual or group;

(d) an entry of information exclusively based on the preferences, orientations, personal habits or predilections of an individual or group; and

(e) an entry of information exclusively based on associations between persons which are not criminal in nature.

History

Authorizing statute(s): Sec. 44-5-105, 45-5-504, MCA
Implementing statute(s): Sec. 44-5-505, MCA
History: NEW, 2005 MAR p. 740, Eff. 5/13/05.

Mont. Admin. R. 23.12.303 Designation of Criminal Intelligence Information Files for Purposes of Determining Allowable Period of Retention by Criminal Intelligence Information Section

(1) The criminal intelligence information section shall designate, based on file content, the length of time for which any file may be maintained.

(2) Files shall be designated and retained as follows:

(a) files designated as "temporary" shall be retained no more than two years;

(b) files designated as "permanent" shall be retained no more than five years. A permanent file may be retained longer than five years upon demonstration of a compelling reason to the criminal intelligence advisory council. In the event the criminal justice advisory council finds compelling reason to retain a file longer than five years, the council shall present such compelling reason to the attorney general who shall ultimately determine whether any particular files shall be retained;

(c) files designated as "interim" shall be retained no more than 60 days. An interim file may be retained longer than 60 days upon demonstration of a compelling reason to the section supervisor. In the event a file designated as interim is retained longer than one year, the section supervisor shall demonstrate a compelling reason for retention of the file to the criminal intelligence advisory council. In the event the council finds a compelling reason to retain the file, the council shall present such compelling reason to the attorney general who shall ultimately determine whether any particular file shall be retained.

History

Authorizing statute(s): Sec. 44-5-105, 44-5-504, MCA
Implementing statute(s): Sec. 44-5-503, 44-5-504, MCA
History: NEW, 2005 MAR p. 740, Eff. 5/13/05.

Mont. Admin. R. 23.12.304 Dissemination of Information Contained in the Central Criminal Intelligence File

(1) Information contained in a criminal intelligence file designated as confidential shall not be disseminated without the express, written authorization of the person originally submitting the information.

(2) Information contained in a criminal intelligence file designated as restricted shall not be disseminated unless the person or agency requesting the information has demonstrated to the criminal intelligence information section:

(a) a right-to-know; and

(b) a need-to-know.

(3) Information contained in a criminal intelligence file designated as unclassified may be disseminated without restriction to the person or agency requesting such information.

History

Authorizing statute(s): Sec. 44-5-105, 44-5-504, MCA
Implementing statute(s): Sec. 44-5-504, MCA
History: NEW, 2005 MAR p. 740, Eff. 5/13/05.

Mont. Admin. R. 23.12.305 Participation of Authorized Agencies with the Criminal Intelligence Information Section and Access by Authorized Agencies to Central Criminal Intelligence Files

(1) No participating agency shall be granted access to information maintained by the criminal intelligence information section prior to approval of the agency's application by the criminal intelligence advisory council.

(2) The application of a participating agency shall include an executed criminal intelligence security agreement wherein the participating agency must agree to the following terms in consideration for information provided by the criminal intelligence information section:

(a) access to information provided by the criminal intelligence information section must be limited to persons within the participating agency demonstrating both a right-to-know and need-to-know;

(b) the participating agency must protect and preserve security of information provided and prevent unauthorized disclosure of information;

(c) the participating agency must agree to destroy any information at the request of the criminal intelligence information section determined by the criminal intelligence information section to be unreliable, misleading or obsolete;

(d) the participating agency shall maintain complete and accurate records of any request for information, receipt of information and use of information provided by the criminal intelligence information section to a degree where any transaction involving a request for, or exchange of, information may be audited at any time by the Montana department of justice;

(e) the participating agency shall provide to the criminal intelligence information section a complete list of the names, official assignments, birth dates and social security numbers of all persons within a participating agency who will be authorized to request or receive information from the criminal intelligence information section;

(f) the participating agency shall agree to compliance with the complete provisions of United States Code of Federal Regulations (CFR) Title 28, part 23, and Title 44, chapter 5, MCA, and any administrative rule regarding criminal intelligence or criminal justice information promulgated by the Montana department of justice.

(3) Any person within a participating agency who shall request information or be authorized to receive information from the criminal intelligence information section shall complete in full and execute a security control form, wherein the person must disclose the following:

(a) first, middle and last name;

(b) the participating agency by which the person is employed;

(d) any current assignment relevant to requests for or receipt of information;

(e) address, telephone number, facsimile number and electronic mail address of the participating agency;

(f) date of birth;

(g) place of birth;

(h) social security number; and

(i) mother's maiden name.

(4) The application of a participating agency shall include an executed statement of understanding wherein the participating agency must attest to the following terms in consideration for information provided by the criminal intelligence information section:

(a) that the participating agency may be the recipient of confidential information;

(b) that disclosure of information may not occur without the express approval of the Montana division of criminal investigation administrator;

(c) that no person within a participating agency, authorized to request or receive information, shall retain or use information for any purpose other than the investigation of criminal acts, including but not limited to personal, economic or political purposes;

(d) that the participating agency is responsible for the security, safekeeping and storage of all information received from the criminal intelligence information section in a manner approved by the criminal intelligence information section;

(e) that no authorized person within the participating agency or the participating agency itself shall compile or attempt to compile information exclusively regarding a citizen's political or religious affiliations, sexual orientation, or acceptance or advocacy of any cause which could conceivably be considered unpopular;

(f) that no authorized person within the participating agency or the participating agency itself shall engage in illegal activity in the collection of information or direct another to use illegal means to collect information;

(g) that no authorized person within a participating agency, upon termination or any change in employment or assignment status, shall disclose or disseminate information obtained by participation with the criminal intelligence information section;

(h) that all requests for or receipt of information must be predicated on investigation of a specific crime enumerated in the Montana Code Annotated; and

(i) that the participating agency and all authorized persons within that agency have been instructed as to the necessity of preserving the security of information contained in databases maintained by the criminal intelligence information section and that any breach of agreements or statements of understanding will subject the participating agency and members of that agency to termination of participation with the criminal intelligence information section, and possible civil action or criminal prosecution.

History

Authorizing statute(s): Sec. 44-5-105, 44-5-504, MCA
Implementing statute(s): Sec. 44-5-503, 44-5-504, MCA
History: NEW, 2005 MAR p. 740, Eff. 5/13/05.

Subchapter 23.12.4 Fire Safety

Mont. Admin. R. 23.12.401 Definitions

Unless the context requires otherwise, the following definitions apply to the rules in ARM Title 23, chapter 12:

(1) "Building code" means the current version of the State Building Code adopted by the Department of Labor and Industry, Building and Commercial Measurements Bureau, including the International Building Code as amended by administrative rule. Copies of the building code may be obtained from the International Code Council at www.iccsafe.org .

(2) "Bureau of fire prevention" is treated as referring to the FPIS of the Department of Justice or, when made applicable by statute or rule or the context thereof, to the appropriate local certified jurisdiction.

(3) "Certificate of approval" means a letter of approval issued by the Fire Prevention and Investigation Section (FPIS), or its representative.

(4) "Chief," "fire chief," "fire marshal," and "fire prevention officer" all mean the state fire marshal or, when made applicable by statute or rule or the context thereof, the chief official of the appropriate local fire protection agency.

(5) "Department" means the Department of Justice.

(6) "District," as used in 50-61-114, MCA, means a rural fire district established under Title 7, chapter 33, part 21, MCA.

(7) "Entity" means any business, partnership, sole proprietorship, organization, association, corporation, firm, governmental organization, fire agency or any other business association.

(8) "Fire code" or "IFC" means the currently adopted edition of the International Fire Code (IFC), as published by the International Code Council, as modified by the FPIS. See ARM 23.12.601.

(9) "Fire extinguisher" means a portable device, carried or on wheels and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire.

(10) "Fire extinguishing system" means a fire suppression system designed in accordance with nationally recognized standards that consists of an assembly of piping or conduits that conveys extinguishing agents to dispersal openings or devices to extinguish, control or contain fire and to provide protection from exposure to fire or the products of combustion. Included are underground and overhead piping, ponds, tanks, pumps, extra or special hazard applications and other related components or devices necessary for water supplies.

(11) "Fire Prevention and Investigation Section (FPIS)" is the Fire Prevention and Investigation Section in the state fire marshal's office of the Department of Justice.

(12) "Fire protection equipment" means the components of any fire alarm system, special agent fire suppression system, portable fire extinguisher, or fire extinguishing system.

(13) "Fire service area" means a local government unit established and operated pursuant to Title 7, chapter 33, part 24, MCA.

(14) "Fire sprinkler system" means a fire extinguishing system.

(15) "Fireworks stand" means a small, temporary, often open-air structure, booth, or other portable stand-alone structure designed and constructed of wood or metal, utilized for the express purpose of display and sale of fireworks at retail.

(16) "License" means the document issued by the Department of Labor and Industry which authorizes a person or entity to engage in the business of servicing fire extinguishers, fire alarms, fire sprinkler systems, and special agent suppression systems.

(17) "Local authority" means a fire agency, law enforcement agency or other governmental agency having jurisdiction in a given location.

(18) "Mechanical code" means the latest edition of the International Mechanical Code (IMC) adopted by the Department of Labor and Industry. Whenever a provision of the mechanical code is incorporated within the International Fire Code by reference, such provision is hereby adopted for application to all buildings within the jurisdiction of the FPIS, unless the state fire marshal determines otherwise. Copies of the mechanical code may be obtained from the International Code Council at www.iccsafe.org .

(19) "NICET" means National Institute for Certification in Engineering Technologies.

(20) "Ordinance" means state law, city or county ordinance, or rule adopted by the FPIS.

(21) "Pyrotechnic article" means a pyrotechnic device, other than a device classed as fireworks, for use in the entertainment industry.

(22) "Pyrotechnic composition" means a chemical mixture that, upon burning, produces visible, brilliant displays, bright lights, or sounds.

(23) "Sell," sale and associated words mean offering or contracting to transfer, lease, or rent any merchandise, equipment, or service at retail to the public or any member thereof for an agreed sum of money or other consideration.

(24) "Service" means:

(a) when referring to portable fire extinguishers and fire extinguisher cylinders, maintenance and includes breakdown for replacement of parts or agent, repair, recharging, or hydrostatic testing;

(b) when referring to alarm systems, fire extinguishing systems, and fire suppression systems, maintenance and testing required to keep the protective signaling, extinguishing, and suppression system and its component parts in an operative condition at all times, together with replacement of the system or its component parts with listed or approved parts, when, for any reason they become undependable, defective, or inoperative; and

(c) "Service" does not include resetting manual alarm systems which may be reset by properly trained building owners or their designated representative.

(25) "Single family private house" means a dwelling unit as the term dwelling unit is defined by IFC section 202, no part of which is rented to another person.

(26) "Smoke alarm" means a single or multiple-station alarm, responsive to smoke. This is a general term that applies to self-contained smoke alarms that are not part of an automatic fire detection system.

(27) "Smoke detector" is a listed device that senses visible or invisible particles of combustion that activates a fire alarm system.

(28) "Special agent fire suppression system" means an approved system and components which require individual engineering in accordance with manufacturer specifications and includes dry chemical, carbon dioxide, halogenated, gaseous agent, foam, and wet chemical systems. The term includes a pre-engineered system but does not include a fire extinguishing system.

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-102, MCA
History: NEW, 1993 MAR p. 2953, Eff. 12/10/93; AMD, 1996 MAR p. 439, Eff. 2/9/96; AMD & TRANS, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.101A, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2013 MAR p. 1338, Eff. 7/26/13; AMD, 2023 MAR p. 212, Eff. 3/11/23.

Mont. Admin. R. 23.12.402 Enforcement of Fire Prevention and Investigation Section Rules

(1) The FPIS shall administer and enforce in every area of the state of Montana all the provisions of the fire code and rules adopted pursuant thereto. The chief fire officials of each municipality, fire service area, or organized fire district shall have responsibility for enforcement of applicable fire codes within the limits of their jurisdiction, and shall assist the FPIS in the enforcement of laws and rules pertaining to fire safety in public buildings.

(2) Each local authority responsible for fire prevention inspections shall maintain reports of inspections performed. Fire prevention inspection reports shall be accessible to and provided to the FPIS when deemed necessary by the state fire marshal.

(3) Each official responsible for investigating fires shall file with the state fire marshal a fire incident report on each and every fire occurring within the official's jurisdiction. Fire incident reports must be submitted to the National Emergency Response Information System (NERIS). The state fire marshal’s office may notify a fire department of its failure to report or its submission of incomplete information.

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-102, 50-61-102, 50-63-203, MCA
History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.102, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2013 MAR p. 1338, Eff. 7/26/13; AMD, 2026 MAR, Notice No. 2025-480, Eff. 4/11/26.

Mont. Admin. R. 23.12.403 Notice of Violation

(1) Upon determination by an officer of the FPIS that any person or entity is in violation of any provision of the fire code or any rule adopted pursuant thereto, the FPIS shall serve upon the person or a designated representative of the entity a notice of violation, as provided in 50-61-115, MCA. Additionally, if the violation constitutes a fire hazard, the FPIS may proceed in accordance with 50-62-102 and 50-62-103, MCA.

History

Authorizing statute(s): 50-3-102(2), MCA
Implementing statute(s): 50-3-102(4), 50-3-103, MCA
History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.103, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10.

Mont. Admin. R. 23.12.404 Interpretation

(1) Interpretations of rules adopted by the FPIS shall be made by the state fire marshal.

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-102, 50-61-102, MCA
History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.104, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10.

Mont. Admin. R. 23.12.405 Appointment of Special Fire Inspectors

(1) Special fire inspectors may be appointed in accordance with this section.

(2) A special fire inspector may be appointed to conduct inspections and investigations when the services are deemed necessary by the Department of Justice.

(3) Qualifications for persons appointed special fire inspector are:

(a) Any person appointed special deputy state fire marshal, except for a qualified inspector employed by another state agency, must have a degree in fire protection engineering or related field from a recognized institution of higher education, two years' experience in fire protection, or be ICC Fire Inspector I or Fire Inspector II certified.

(b) An employee of another agency of the state of Montana may be appointed special fire inspector for the purpose of conducting inspections or investigations authorized by the FPIS, if such employee is qualified by the employing agency as an inspector or investigator and is approved to conduct inspections or investigations by the Department of Justice.

(4) A special fire inspector may perform any duty with which the FPIS is charged by state law or rule, subject to the direction of the state fire marshal.

History

Authorizing statute(s): 50-3-106, MCA
Implementing statute(s): 50-3-106, MCA
History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.106, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10.

Mont. Admin. R. 23.12.406 Smoke Detectors/Smoke Alarms in Rental Units

(1) In accordance with the Residential Landlord and Tenant Act of 1977, either an approved smoke alarm or smoke detector, or both, shall be installed by the landlord in each dwelling unit rented to another person, in accordance with the provisions of Section 907 of the IFC.

History

Authorizing statute(s): 50-3-102, 70-24-303, MCA
Implementing statute(s): 50-3-102, 70-24-303, MCA
History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.108, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2023 MAR p. 212, Eff. 3/11/23.

Mont. Admin. R. 23.12.407 Certificate of Approval for Day Care Centers for 16 or More Children

(1) Any applicant for a license from the Department of Public Health and Human Services to operate a day care center for 16 or more children under Title 52, chapter 2, MCA, must obtain a certificate of approval from the state fire marshal in accordance with this rule.

(2) To obtain a certificate of approval, the applicant shall contact the state fire marshal setting forth the following information:

(a) name and address of applicant;

(b) location of proposed day care center; and

(3) Upon receipt of an application for certificate of approval, the fire marshal or a representative shall conduct an inspection of the proposed day care center.

(4) Day care centers shall comply with the fire code.

(5) Day care centers shall also comply with the following additional requirements:

(a) A single, fixed space heater (wood, coal or fuel oil) may be used, provided it is properly installed and surrounded by a suitable barrier to prevent contact by children and is so located as to not obstruct egress. Installation shall be in accordance with the various codes adopted by the Department of Labor and Industry.

(b) Portable unvented fueled heating appliances are prohibited.

(c) No extension cords shall be used in lieu of permanent wiring. All appliance and lamp cords shall be suitably protected to prevent pulling or chewing by children.

(d) All unused electrical receptacles shall be properly capped.

(e) Every closet door latch shall be fixed so that the door is capable of being opened by a child inside the closet.

(f) Every bathroom door lock shall be installed to permit the locked door to be opened from the outside.

(g) In sleeping rooms, windows having a minimum of 5.7 square feet of clear, unobstructed opening shall be readily accessible for rescue or fire suppression, except the minimum net clear opening for grade floor windows shall be 5.0 square feet. Windows shall be capable of being opened from the inside without the use of tools or special knowledge. Clear opening shall not be less than 20 inches in width or 24 inches in height. The bottom of the window shall not be more than 44 inches from the floor.

(h) Every day care center shall provide operational smoke alarms or smoke detectors in locations designated by the IFC Section 907. Smoke alarms shall be tested at least every 30 days and a log of such tests maintained on the premises. Smoke detectors connected to a fire alarm system shall be tested in accordance with the IFC.

(i) Portable fire extinguishers shall be installed and maintained in accordance with IFC Section 906.

(j) A telephone shall be provided for emergency notification. Emergency phone numbers shall be posted in close proximity to the telephone.

(k) House numbers, no less than 4 inches in height, shall be placed in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background.

(l) Space under stairwells shall not be used for storage of any kind except as permitted by the IFC.

(6) If the proposed day care center is in compliance with these rules, the fire marshal shall issue a certificate of approval. If the center is not in compliance, the fire marshal shall issue a notice of corrective action needed to bring the center into compliance. Additional inspections may be conducted as needed until compliance is achieved.

(7) For the purposes of this rule, the definitions contained in 52-2-703, MCA, are applicable.

(8) Inspection of any day care facility shall be done upon receipt of a request from the Department of Public Health and Human Services or as a part of an inspection performed by a fire department under other provisions of state law. Findings of any inspection conducted at the request of the Department of Public Health and Human Services shall be reported to that department.

History

Authorizing statute(s): 50-3-102, 52-2-734, MCA
Implementing statute(s): 50-3-102, 52-2-733, 52-2-734, MCA
History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.109, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2015 MAR p. 931, Eff. 7/17/15; AMD, 2023 MAR p. 212, Eff. 3/11/23.

Mont. Admin. R. 23.12.408 Certificate of Approval for Community Homes

(1) This rule shall govern certification for fire and life safety of all community homes for the developmentally disabled, in accordance with 53-20-307, MCA, and of all community homes for persons with severe disabilities, in accordance with 52-4-204, MCA.

(2) All community homes must be certified annually for fire and life safety by the state fire marshal.

(3) Applicants for certification shall submit to the state fire marshal in writing the following information:

(a) name and address of applicant;

(b) location of proposed community home; and

(4) Upon receipt of an application for certificate of approval, the fire marshal or a representative shall conduct an inspection of the community home, and shall promptly thereafter issue findings indicating whether the fire code and applicable rules have been met.

(5) For purposes of determining compliance with the fire code, all community homes shall comply with the IFC and with all other rules promulgated by the FPIS.

(6) If the proposed community home is in compliance with these rules, the fire marshal shall issue a certificate of approval. If the home is not in compliance, the fire marshal shall issue a notice of corrective action needed to bring the home into compliance. Additional inspections may be conducted as needed until compliance is achieved.

(7) The state fire marshal shall notify the Department of Public Health and Human Services when a community home has been certified.

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 52-4-204, 53-20-307, MCA
History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1992 MAR p. 2074, Eff. 8/14/92; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.110, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2013 MAR p. 1338, Eff. 7/26/13; AMD, 2023 MAR p. 212, Eff. 3/11/23.

Mont. Admin. R. 23.12.409 Threat of Explosives in State Buildings

(1) Each department director or official in charge shall assign one individual in each building housing members of the department whose responsibilities shall be to coordinate evacuation and to practice proper procedures involving a threat of explosive materials in the assigned building or building area. The designated individual shall have responsibility to ensure that appropriate fire and law enforcement authorities are notified of a threat of explosives.

(2) In the event a building houses more than one state department, each department shall designate a responsible individual. Where the threatened explosive device is located in a particular department's area of the building, that department's designated individual shall be primarily responsible for evacuation and notification of proper authorities.

History

Authorizing statute(s): 50-3-102(1)(j), MCA
Implementing statute(s): 50-3-102(1)(j), MCA
History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.112, 2008 MAR p. 1467, Eff. 7/18/08.

Mont. Admin. R. 23.12.420 Approval of Equipment

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-102, MCA
History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; AMD, 1993 MAR p. 2953, Eff. 12/10/93; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.143, 2008 MAR p. 1467, Eff. 7/18/08; REP, 2013 MAR p. 1338, Eff. 7/26/13.

Mont. Admin. R. 23.12.430 Service Tags

(1) A service tag must be used to indicate when fire protection equipment is installed or when service is performed on fire protection equipment and the name of the endorsed person installing or servicing the equipment.

(2) A service tag shall be of a size and of a durable material approved by the department but not less than 4 1/2 inches by 2 1/2 inches.

(3) A service tag must bear the following information:

(a) imprinted name, address, telephone and license number of licensed entity;

(b) type of service performed;

(d) name and endorsement number of registrant performing service. The registrant shall indicate the type of service performed and date of service by punching the appropriate section of the tag. The tag must bear dates for 1 to 3 years; and

(e) "DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL" in capital letters, at least 10-point boldface type.

(4) The registrant shall attach the service tag in a position so it can be conveniently inspected by an inspecting authority but does not hamper the operation of fire protection equipment.

(5) No person may remove a service tag except when further service is performed and a new tag is attached. No person may alter or deface a service tag attached to or required to be attached to fire protection equipment.

(6) Stored pressure extinguisher tags must follow the guidelines listed in the National Fire Protection Association (NFPA) 10, currently referenced edition of the IFC, and include the information listed in (3).

(7) A blank tag shall be submitted for approval to the state fire marshal at the time of application.

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-102, MCA
History: NEW, Eff. 10/5/75; AMD, Eff. 12/4/76; AMD, 1983 MAR p. 15, Eff. 1/14/83; AMD, 1985 MAR p. 936, Eff. 7/12/85; AMD, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, from ARM 23.7.154, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2013 MAR p. 1338, Eff. 7/26/13; AMD, 2023 MAR p. 212, Eff. 3/11/23.

Mont. Admin. R. 23.12.431 Rules Relating to the Building Code

(1) A notice of adoption or amendment by the department of a rule relating to building and equipment standards covered by the state or a municipal building code must be signed by the director of the Department of Labor and Industry. Such rules "are effective upon approval of the Department of Labor and Industry and filing with the Secretary of State." 50-3-103, MCA.

History

Authorizing statute(s): 2-4-201, 52-4-201(1), MCA
Implementing statute(s): 50-3-103, 50-39-107, MCA
History: Eff. 12/31/72; AMD & TRANS, from ARM 23.2.111, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1993 MAR p. 2953, Eff. 12/10/93; TRANS, from ARM 23.7.160, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2023 MAR p. 212, Eff. 3/11/23.

Subchapter 23.12.5 Fireworks

Mont. Admin. R. 23.12.501 Retail Fireworks Sale

(1) Anyone engaged in the retail sale of permissible fireworks, as defined in 50-37-105, MCA, must obtain a permit if required by the applicable local jurisdiction. The provisions of this rule do not apply if a local ordinance has been adopted pursuant to 7-33-4206, MCA, regulating or prohibiting the retail sale of fireworks.

(2) The retail sale of permissible fireworks may occur only from approved retail business establishments or approved fireworks stands as defined in ARM 23.12.401. Fireworks shall not be sold from or stored in any tent, canopy, or temporary membrane structure. Fireworks may be sold from a mobile trailer which is designed for the transportation of goods, or sold from a fireworks stand, but the public is not permitted inside any mobile structure for the purchase of fireworks.

(3) No person under the age of 18 shall be employed to sell or offer for sale permissible fireworks.

(4) No fireworks may be discharged within 100 feet of a fireworks stand.

(5) No smoking shall be allowed within the fireworks stand. At any place where permissible fireworks are sold or displayed, a sign reading "NO SMOKING" must be posted in letters at least four inches in height and one-half inch in stroke where customers are most likely to read it.

(6) Except as provided in (12), retail sale of fireworks shall be conducted from fireworks stands located at least 300 feet from a church or hospital, 50 feet from any flammable liquid dispensing device or installation, 50 feet from other inhabited areas, and 30 feet from any public roadway. There shall be 5 feet between stands, and 20 feet apart when stands are over 800 square feet aggregate.

(7) Parking of vehicles used to transport Class A or B explosives or flammable and combustible liquids is prohibited within 100 feet of a fireworks stand.

(8) Fireworks stands shall be equipped inside with at least one pressurized water extinguisher with a current tag and a minimum rating of 2A or one garden hose connected to and turned on to an available water supply.

(9) All weeds, dry grass, and combustible material shall be cleared for a minimum distance of 25 feet in all directions from a fireworks stand.

(10) Electrical wiring shall be in a safe condition, and if found upon inspection to be unsafe shall be upgraded to comply with the applicable provisions of the National Electrical Code (NEC) currently adopted by the Building Codes Division of the Department of Labor and Industry.

(11) Open flame devices of any kind are prohibited in or within 25 feet of any fireworks stand.

(12) Portable heaters utilized in booths shall not have exposed heating elements.

(13) Retail sale of fireworks from occupancies other than those authorized by this rule is prohibited, except that fireworks may be sold out of an existing retail business establishment under the following conditions:

(a) The amount of fireworks on display in the customer service area contains an aggregate of no more than one pound of pyrotechnic composition; and

(b) Remaining quantities of fireworks are stored in a cabinet or room designed and constructed to restrict smoke travel that is separate from the customer service area, that has a self-closing door, and that conforms to one of the following:

(i) It is constructed of material sufficient to achieve a one-hour fire resistant-rated barrier between the storage area and the customer service area. The fireworks must be stored in cabinets made of wood or equivalent material that is at least one inch thick, and each cabinet must contain no more than an aggregate of 5 pounds of pyrotechnic composition;

(ii) It is protected by a fire suppression sprinkler system approved by the FPIS or by a fire marshal of the local jurisdiction; or

(iii) The fireworks are contained in a cabinet with casters and constructed of wood at least one inch thick that is covered on all sides with 5/8-inch sheetrock.

(14) All fireworks stands shall be subject to inspection by the FPIS, in accordance with the IFC. Violations shall be handled in accordance with 50-61-115, MCA. If immediate action is necessary to safeguard life and property, the FPIS may issue a stop work order in accordance with IFC Section 113.

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-102, MCA
History: NEW, 1991 MAR p. 1283, Eff. 7/26/91; AMD, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.201, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2013 MAR p. 1338, Eff. 7/26/13; AMD, 2023 MAR p. 212, Eff. 3/11/23.

Mont. Admin. R. 23.12.502 Fireworks Repackaging, Storage, and Shipping

(1) All buildings where fireworks are stored, opened for repacking, repackaged, or prepared for shipping shall conform to the provisions of the International Building Code and the IFC. Where those codes are silent, NFPA 1124 (currently referenced edition by the IFC) shall be applied.

(2) NFPA 1124 (currently referenced edition by the IFC), the code governing the manufacture, transportation, and storage of fireworks and pyrotechnic articles, is incorporated by reference. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169 and at www.NFPA.org .

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-102, MCA
History: NEW, 1991 MAR p. 1283, Eff. 7/26/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.202, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2013 MAR p. 1338, Eff. 7/26/13; AMD, 2023 MAR p. 212, Eff. 3/11/23.

Mont. Admin. R. 23.12.503 Outdoor Display of Fireworks

(1) Unless prohibited by local ordinance, supervised public displays of fireworks shall be conducted in accordance with 50-37-107, MCA, and applicable local ordinances. Where no local ordinance is in effect, the governing body of the city, town, or county shall be notified at least 15 days in advance of any outdoor display.

History

Authorizing statute(s): 50-3-102(3), 50-37-107, 50-37-108, MCA
Implementing statute(s): 50-3-102(3), 50-37-107, MCA
History: NEW, 1991 MAR p. 1283, Eff. 7/26/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.203, 2008 MAR p. 1467, Eff. 7/18/08.

Mont. Admin. R. 23.12.504 General Liability Insurance Required for Public Display of Fireworks

(1) Any organization or group of individuals planning a public display of fireworks must provide proof to either the FPIS or the governing body of a city, town, or county, that the group has a general liability insurance policy in the amount of not less than $1,000,000 per occurrence.

(2) The proof of insurance must be provided with the application for permit referenced in 50-37-107, MCA, no later than 15 days prior to any public display of fireworks. The general liability insurance policy must be valid at the time of the public display.

(3) The general liability insurance policy must cover payment of any liability, including personal and property damages, arising out of the public display of fireworks.

(4) Although the general liability insurance must meet the requirements of 50-37-108, MCA, an insurance policy is permitted in lieu of a damage indemnity bond as damage indemnity bonds are no longer available for the public display of fireworks.

(5) Alternative methods of liability coverage may be approved if equivalent to the above-listed requirements.

History

Authorizing statute(s): 50-3-102, 50-3-103, MCA
Implementing statute(s): 50-37-108, MCA
History: NEW, 1999 MAR p. 2860, Eff. 12/17/99; TRANS, from ARM 23.7.204, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10.

Subchapter 23.12.6 Uniform Fire Code

Mont. Admin. R. 23.12.601 Adoption of the International Fire Code (2024 Edition)

(1) The FPIS adopts and incorporates by reference the International Fire Code 2024 Edition (2024 IFC) with the additions and amendments enumerated in this subchapter. Copies of the IFC and related materials may be obtained from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795, www.iccsafe.org.

(2) If there is any conflict between the IFC and the Montana Code Annotated, the provisions of the Montana Code Annotated control.

(3) This rule establishes a minimum fire protection code to be used in conjunction with the building code.

(4) This code shall apply to existing conditions. Existing buildings shall be maintained in accordance with the building code in effect at the time of construction. However, where existing conditions or buildings pose an imminent hazard or risk to public health and safety and are not, therefore, within the purview of the building code, the FPIS may take corrective action pursuant to the provisions of 50-61-101, et seq., MCA, and 50-62-101, et seq., MCA.

(5) The building code adopted by the Building Codes Program of the Department of Labor and Industry controls design and construction in Montana. If there is any conflict between the construction standards in the IFC and construction standards set forth in the building code, the provisions of the building code control.

(6) The following IFC sections are modified as shown:

(a) 102.1 CONSTRUCTION AND DESIGN PROVISIONS is amended by deleting paragraphs 1 and 2 and replacing with “1. Structures, facilities and conditions arising after the adoption of this code and upon issuance of a Certificate of Occupancy from the Department of Labor or when made applicable by statute or rule of the certified city, county or town."

(b) 102.5 APPLICATION OF RESIDENTIAL CODE is not adopted.

(c) 102.7.1 CONFLICTS: Add “Where conflicts occur between provisions of this code and the Montana Building Code, the provisions of the Montana Building Code shall apply.”

(d) 102.7.2 PROVISIONS IN THE REFERENCED CODES AND STANDARDS, add to last sentence “Except provisions of the Montana Building Code.”

(e) 104.2.3.1 APPROVAL AUTHORITY An alternative material, design, or method of construction shall be approved where the building code official finds that the proposed alternative is satisfactory.

(f) 104.3 APPLICATION AND PERMITS is not adopted.

(g) 104.7 FEES is not adopted.

(h) 104.9 APPROVED MATERIALS AND EQUIPMENT. Materials, equipment and devices approved by the building code official shall be constructed and installed in accordance with such approval.

(i) 105 Permits is not adopted.

(j) The Permit sections of the following chapters are not adopted: 3, 5, 6, 9, 11, 12, 20 through 35, 37, 39, and 50 through 67.

(k) 106 CONSTRUCTION DOCUMENTS is not adopted.

(l) 107.1 GENERAL is not adopted.

(m) 107.4 TERMINATION OF APPROVAL is not adopted.

(n) 108 FEES is not adopted.

(o) 109.2.1 Inspection requests is not adopted.

(p) 109.2.2 Approval required is not adopted.

(q) 109.3 Concealed work is not adopted.

(r) 112 MEANS OF APPEALS is not adopted.

(s) 201.3 TERMS DEFINED IN OTHER CODES Change “International Plumbing Code” to “Uniform Plumbing Code.”

(t) 202 GENERAL DEFINITIONS is amended by adding or modifying the following definitions:

(i) BUILDING OFFICIAL. Add "The Chief of the Building and Commercial Measurements Bureau of the Department of Labor and Industry, or when made applicable by statute or rule, the building official of the certified city, county, or town."

(ii) FARM. A tract of land devoted to agricultural purposes.

(iii) FIRE DEPARTMENT. Governmental fire agencies. Any fire department organized under Montana law under the jurisdiction of a city, county, state, fire district, or fire service area.

(iv) NATIONALLY RECOGNIZED STANDARDS. Includes, but is not limited to, any of the standards referenced in: NFPA; IFC 2024 edition, Underwriters Laboratories Inc. (UL); American Petroleum Institute (API); American Society for Testing and Materials (ASTM); and American National Standards Institute (ANSI).

(v) OCCUPANCY CLASSIFICATION. Group E, day care facilities.

(A) Fifteen or fewer children.

(B) Fifteen or fewer children in a dwelling unit.

(vi) RANCH. A tract of land devoted to agricultural purposes.

(vii) RURAL AREA. Those areas located three miles or more beyond (outside) the corporate limits of a Class 1 or Class 2 city, as defined in 7-2-4111, MCA, when the Class 3 city's population is more than 1,500 residents. In the case of any unincorporated place, city, or community, or town, the unincorporated place, city, community, or town, the unincorporated place, city, community, or town will be considered rural if it has a population of less than 1,500 and a density of less than 800 persons per square mile, according to the most recent U.S. census.

(u) 308.1.5 Open-flame devices in wildfire risk areas is adopted, but deleting "except by a permit in accordance with Section 105.5 secured from the fire code official."

(v) 311.6 Unoccupied tenant spaces in mall buildings. 2. and 3. are not adopted.

(w) 405.3 Frequency. Delete “Required emergency evacuation drills shall be held at the intervals specified in Table 405.3 or more frequently where necessary to familiarize all occupants with the drill procedure.” and replace with: " Required emergency evacuation drills shall be held at the intervals specified in 20-1-402, MCA. There must be at least eight emergency evacuation/disaster drills held a year in a school. At least four of the drills must be fire exit drills. Drills must be held at different hours of the day or evening to avoid distinction between drills and actual disasters." In Table 405.3, delete the word "monthly" from the Frequency column, applicable to Group E, and replace with "20-1-402, MCA."

(x) 407.5 Hazardous Materials Inventory Statement is not adopted.

(y) 407.6 Hazardous Materials Management Plan is not adopted.

(z) 407.7 Facility closure plans is not adopted.

(aa) 604.1 GENERAL is amended by adding “Where elevators and conveying systems are installed, they shall comply with the adopted Elevator and Montana Building Code.”

(bb) 801.1 SCOPE is amended in the last sentence as follows: new buildings shall comply with the Montana Building Code.

(cc) 901.2 CONSTRUCTION DOCUMENTS is not adopted.

(dd) 901.5.1 OCCUPANCY is amended as follows: it shall be unlawful to occupy any portion of a building or structure until the required fire protection and life safety systems have been tested and approved by the building department.

(ee) 903.2.1.2 The following modifications apply to IBC Group A2 rural event venue occupancies:

(i) For the purpose of this rule, “rural event venue” shall be defined as a building or structure used for weddings and similar events, with a fire area 5000 or less square feet, without feasible access to a municipal water supply, a fire separation distance of 60’ minimum from other buildings or structures for 100% of the perimeter.

(ii) Buildings at the discretion of the building official shall be permitted to be constructed without a fire sprinkler system, provided the following conditions are met:

(A) buildings are not more than one story above grade plane;

(B) the occupant load factor of 5 net' shall be used to calculated egress requirements in accordance with IBC chapter 10;

(C) at least 50 percent of the number and minimum width or required capacity of the exits shall discharge directly to the exterior of the building;

(D) the maximum common path of egress travel distance shall not exceed 75 feet;

(E) a fire alarm system is installed in accordance with NFPA 72;

(F) where a commercial kitchen is installed, it shall have a Type I hood installed with fire suppression over the cooking appliances as per the currently adopted International Mechanical Code (IMC). The kitchen shall also have an egress door directly to the exterior of the building;

(G) fire extinguishers are located at each exit;

(H) illuminated exit signs and emergency lighting are installed;

(I) no open flames, kerosene or diesel heaters installed.

(J) The building official may waive, in the building official's discretion, one of the required conditions in (i) if the exterior of the building is constructed of noncombustible materials with the exception of (F).

(ff) 903.2.1.7 Multiple fire areas. is not adopted.

(gg) 903.2.4.2 Group F-1 distilled spirits. Amend by adding the following paragraph: "Exception: An automatic sprinkler system is not required where a Group F-1 fire area used for the manufacture of distilled spirits is not more than one story above-grade plane, and not exceeding 2.500 square feet."

(hh) 903.2.8 Group R. Delete and replace with the following:

(i) "An approved automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all Group R buildings meeting any of the following criteria:

(A) nine or more transient guests or five or more transient guest rooms in R1 or R2 occupancies;

(B) nine or more occupants in other than dwelling units;

(D) more than two stories.

(ii) In lieu of the above-required automatic sprinkler system in buildings not more than three stories above the lowest level of exit discharge, each transient guest room may be provided with at least one door leading directly to an exterior exit access that leads directly to approved exits. Official policy figure

(iii) "Transient guest" for the purpose of this subsection shall mean an occupant who is primarily transient in nature, staying at one location for 30 days or less."

(ii) 903.2.9.3 Group S-1 distilled spirits or wine. Amend by adding the following paragraph: "Exception: An automatic sprinkler system is not required where a Group S-1 fire area used for the bulk storage of distilled spirits or wine is not more than one story above grade plane, and not exceeding 2,500 square feet."

(jj) 903.3.5 Water Supply. Amend by adding the following: "This subsection shall apply to buildings which are required by the International Building Code to be provided with an automatic fire extinguishing system and do not have access to an existing multiple user water supply system, such as a municipal water supply system or a private community water supply system, capable of providing the water supply requirements of National Fire Protection Association Standard for the Installation of Sprinkler Systems, 2019 edition (NFPA 13). Under such circumstances, water storage requirements may be modified by the building official. The modified design shall include sufficient storage onsite to operate the hydraulically remote area for the response time of the local fire department. Response time is the time from alarm to the time the fire department can apply water to the fire. Response time shall be established by the use of the formula T = 6.5 minutes (mobilization time) + 1.7 minutes/mile D (travel time), where T is response time, in minutes, and D is distance, in miles, from the fire station to the building. The modified water supply shall be sufficient to operate the system for the response time calculated above but not be less than 20 minutes. Water supply requirements shall be established by using the area/density method as defined in NFPA 13. A reduction in water storage of up to 50 percent, but not less than that required for a 20-minute supply is allowed. All automatic fire sprinkler system designs and components shall be in compliance with NFPA 13. When a modified water storage is allowed, the automatic fire sprinkler system must be equipped with a flow alarm, digital alarm communicator transmitter, and a fire department connection. The automatic fire sprinkler system shall be monitored by an approved central station in accordance with NFPA 72, National Fire Alarm Code, 2019 edition."

(kk) 903.6 Where required in existing buildings and structures is not adopted.

(ll) 905.3.1 Height. is amended as follows: Class III standpipe systems shall be installed throughout buildings where any of the following conditions exist:

(i) Four or more stories are above or below grade plane.

(ii) Building is 60 feet or more in height above grade plane.

(iii) The floor level of the lowest story is 30 feet or less below the highest level of fire department vehicle access.

(mm) 906.1 Where required. Exception 1 is not adopted.

(nn) 907.9 Where required in existing buildings and structures. is not adopted.

(oo) 916.2.1 Construction documents. Delete “with the application for permit.”

(pp) 1001.1 General is deleted and replaced with the following: Buildings or portions thereof shall be provided with a means of egress system as required by the Montana Building Code and maintained to that standard.

(qq) Table 1006.2.1 SPACES WITH ONE EXIT OR EXIT ACCESS DOORWAY. Referenced in subsection 1001.2.1. Egress based on occupant load and common path of egress travel distance, shall be amended for R-1, R-2, R-3, and R-4 occupancies by deleting NP and inserting 100 for occupant loads less than 30 and 75 for occupant loads greater than 30.

(rr) 1009.8 Two-way communication. Add "Emergency elevator communication equipment systems for the deaf, hard of hearing, and speech impaired, is amended as follows: Emergency elevator communication systems for the deaf, hard of hearing, and speech impaired. An emergency two-way communication system shall be provided in accordance with the provisions of ASME A17.1/CSA B44 and NFPA 72."

(ss) 1010.2 Door operations. Adopted, adding the sentence "Exit doors shall not be locked, chained, bolted, barred, latched, or otherwise rendered unusable. All locking devices shall be of an approved type."

(tt) 1020.2 Construction. Amend by adding the following: "Upgrading of corridors in existing E occupancies serving an occupant load of 30 or more, may have walls and ceilings of not less than one-hour fire-resistive construction as required by this code. Existing walls surfaced with wood lathe and plaster in good condition or 1/2-inch gypsum wallboard or openings with fixed wired glass set in steel frames are permitted for corridor walls and ceilings and occupancy separations when approved. Doors opening into such corridors shall be protected by 20-minute fire assemblies or solid wood doors not less than 1 3/4 inches (45 mm) thick. Where the existing frame will not accommodate the 1 3/4-inch-thick door, a 1 3/8-inch-thick solid bonded wood-core door or equivalent insulated steel door shall be permitted. Official policy figure Doors shall be self-closing or automatic closing by smoke detection. Transoms and openings other than doors from corridors to rooms shall comply with this code or shall be covered with a minimum of 3/4-inch plywood or 1/2-inch gypsum wallboard or equivalent material on the room side. Exception: Existing corridor walls, ceilings, and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water system if it is of adequate volume and pressure."

(uu) Table 1020.2 CORRIDOR FIRE-RESISTANCE RATING, R Occupancy, replace "Greater than 10" with "Greater than 8."

(vv) 1031.2 Where required. Amend as follows: "In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be required in all sleeping rooms in Group R occupancies located in buildings that do not have an automatic sprinkler system and in the following occupancies:"

(ww) Chapter 11 is adopted unless it conflicts with the adopted Montana Building code. Retroactivity of any installed fire alarm/sprinkler system is not approved.

(xx) Table 1103.1 OCCUPANCY AND USE REQUIREMENTS. Amend to include "R" (required to comply) for Section 1103.9 under "E" Occupancy Classification column.

(yy) 1103.5 Sprinkler systems is not adopted.

(zz) 1201.1 Scope is amended to delete “installation” from first sentence.

(aaa) 1207.1.4.1 Communication utilities is not adopted.

(bbb) 1207.1.5 and 1207.10.4 Construction documents is not adopted.

(ccc) 1207.10.5 Approved locations is not adopted.

(ddd) 1207.10.7.5 Local staging. Delete words "when the permit is issued."

(eee) 2006.2 Airport fuel systems. Change NFPA 407 to NFPA 407-12.

(fff) 2006.3 Construction of aircraft-fueling vehicles and accessories. Change NFPA 407 to NFPA 407-12.

(ggg) 2306.2.3 Above-ground tanks located outdoors, above grade, is adopted. See 50-3-103, MCA, for modifications. In paragraph 4., change Section 5706.2 to ARM 23.12.605.

(hhh) 2306.7.9 through 2306.7.9.2.4 Vapor-recovery and vapor-processing systems are not adopted.

(iii) 2404.5 Design and construction is amended as follows: “Design and construction of spray booths and spray spaces shall be reviewed and permitted by the Building Department in accordance with the IBC, IMC, and Sections 2404.5.1 through 2404.5.5.1.”

(jjj) 2703.3 Construction requirements is not adopted.

(kkk) 3001.1 SCOPE is amended as follows: This chapter shall apply to the operation of industrial ovens and furnaces. Industrial ovens and furnaces shall comply with the applicable provisions of NFPA 86 and this chapter. The terms “oven” and “furnaces” are used interchangeably in this chapter.

(lll) 3101.1 Scope is amended as follows: Tents shall apply with this chapter. The provisions of section 3103 are applicable only to temporary tents. The provisions of sections 3104 and 3108 are applicable to temporary and permanent tents. The provisions of 3106 are applicable to inflatable amusement devices. The provisions of Section 3107 are applicable to outdoor assembly events. Other temporary structures shall comply with the International Building Code.

(mmm) 3103.2 Approval required. is not adopted.

(nnn) 3103.7 Inspections. Delete the word "permit." After Exception: delete the word "Permit."

(ooo) 3104.2 Flame propagation performance testing and certification. In the first and last sentence of the paragraph, change the word "permit" to "approval."

(ppp) 3105 TEMPORARY SPECIAL EVENT STRUCTURES is not adopted.

(qqq) 3201.3 Construction documents.is not adopted.

(rrr) 3201.4 Fire safety and evacuation plan. Delete the words "at the time of permit application."

(sss) 3504.3 Area reviews. In the first sentence, delete the words "while the permit is in effect" and delete the second sentence "Information shown on the permit shall be verified prior to signing the permit in accordance with Section 105.5."

(ttt) 3601.2 Plans and approvals. The first sentence is amended as follows: “Plans for marina fire protection facilities shall be approved by the Building Official and a permit issued prior to installation.”

(uuu) 3603.5 Electrical equipment. Electrical equipment shall be installed and used in accordance with its listing, and NFPA 70.

(vvv) 3801.1 Scope is amended as follows: “existing higher education laboratories complying with the requirements of this chapter shall be permitted to exceed the maximum allowable quantities of hazardous materials in control areas set forth in Chapter 50 without requiring reclassification as a Group H occupancy.” Newly constructed or altered higher education laboratories shall comply with all applicable provisions of this code and Section 428 of the International Building Code.

(www) 3804 LABORATORY SUITE CONSTRUCTION is not adopted.

(xxx) 3805.3 Restricted materials automatic fire detection is not adopted.

(yyy) 4106.4.3 Fuel gas systems is not adopted.

(zzz) 5001.6.1 Temporarily out-of-service facilities. Delete the words "maintain a permit and."

(aaaa) 5001.6.2 Permanently out-of-service facilities. Replace paragraph with "Facilities not monitored and inspected on a regular basis shall be deemed to be permanently out of service and shall be closed in an approved manner."

(bbbb) 5003.3.1.1 Records. Delete the words "by the permittee."

(cccc) 5003.5 Hazard identification signs. Delete the words "in quantities requiring a permit and."

(dddd) 5307.4.1 Documentation. Change the words "with the application for permit" to "to the fire code official for approval."

(eeee) 5503.1.1.1 Data submitted for approval. Delete the words "with the application."

(ffff) 5601.1.3 Fireworks - is not adopted and is replaced by Title 50, chapter 37, MCA.

(gggg) 5601.2 Permit required. Replace section 105.5 with 50-37-107, MCA.

(hhhh) 5601.2.2 through 5601.2.4.2 are not adopted and are replaced with Title 50, chapter 37, MCA.

(iiii) 5606.5 through 5606.5.2.3 Display and storage in Group M occupancies are not adopted and are replaced with 50-61-120 and 50-61-121, MCA.

(jjjj) 5608.1 General. Add "and Title 50, chapter 37, MCA" at end of sentence.

(kkkk) 5608.2 Permit application is not adopted. Replace with “see 50-37-107, MCA, and ARM 23.12.504.”

(llll) 5706.1 General. In paragraph 1., delete "farms and."

(mmmm) 5706.2 Storage and dispensing of flammable and combustible liquids on farms and construction sites. Delete "farms and" from the heading and "on farms and rural areas and" from the paragraph. Add at the end of the paragraph "See ARM 23.12.605 for requirements of farms and rural areas."

(nnnn) 5706.2.5.1 Tanks with top openings only. Paragraph 2. is not adopted.

(oooo) 5706.2.5.2 Tanks for gravity discharge. Paragraph 2 is not adopted.

(pppp) 5706.5.4.5 Commercial, industrial, governmental or manufacturing. Paragraph 1. is not adopted. Delete the first sentence in paragraph 3.

(qqqq) 5707.1.1 Approval required is not adopted.

(rrrr) 6109.11.2 Construction is amended in the first sentence as follows: “Newly constructed or altered buildings and rooms shall comply with requirements for Group H occupancies in the IBC, Chapter 10 of NFPA 58 and both of the following:

(i) Adequate vents shall be provided to the outside at both top and bottom, located not less than 5 feet (1524 mm) from building openings.

(ii) The entire area shall be classified for the purpose of ignition source control in accordance with Section 6.25 of NFPA 58.

(ssss) On page 579, Referenced Standards, change NFPA 407- 22 to NFPA 407-12.

(tttt) Appendix B, Fire Flows, is adopted.

(uuuu) Appendix C, Hydrants, is adopted.

(vvvv) Appendix E, Hazard Categories, is adopted.

(wwww) Appendix F, Hazard Ranking, is adopted.

(xxxx) Appendix G, Cryogenic Fluids - Weight and Volume Equivalents, is adopted.

(yyyy) Appendix I, Fire Protection Systems Non-Compliant Conditions, is adopted.

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-103, MCA
History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.301, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2013 MAR p. 1832, Eff. 7/26/13; AMD, 2013 MAR p. 2422, Eff. 12/27/13; AMD, 2023 MAR p. 212, Eff. 3/11/23; AMD, 2026 MAR, Notice No. 2026-128, Eff. 9/26/26.

Mont. Admin. R. 23.12.602 Administration

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-103, MCA
History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; AMD, 2005 MAR p. 260, Eff. 2/11/05; TRANS, from ARM 23.7.302, 2008 MAR p. 1467, Eff. 7/18/08; REP, 2010 MAR p. 395, Eff. 2/12/10.

Mont. Admin. R. 23.12.603 Additional Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-3-102, 50-61-102, MCA
Implementing statute(s): 50-3-102, 50-61-102, MCA
History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; TRANS, from ARM 23.7.303, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; REP, 2023 MAR p. 212, Eff. 3/11/23.

Mont. Admin. R. 23.12.604 General

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-103, MCA
History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 634, Eff. 3/26/04; TRANS, from ARM 23.7.304, 2008 MAR p. 1467, Eff. 7/18/08; REP, 2010 MAR p. 395, Eff. 2/12/10.

Mont. Admin. R. 23.12.605 Processes

(1) Chapters 23 and 57 of the IFC are adopted with the following additions and amendment:

(a) 2304.5 Fuel Dispensing in Rural Areas. For public automotive motor vehicle fuel-dispensing stations located in rural areas:

(b) 2304.5.1 General. When performed in the operation of a farm or ranch, or when approved by the chief, liquids used as fuels may be transferred from tank vehicles into the tanks of motor vehicles or special equipment, provided:

The tank vehicle's specific function is that of supplying fuel to motor vehicle fuel tanks;
The dispensing line does not exceed 50 feet (15,240 mm) in length;
The dispensing nozzle is an approved type;
The dispensing hose is properly placed on the approved reel or in a compartment provided before the tank vehicle is moved;
Signs prohibiting smoking or open flame within 25 feet (7620 mm) of a tank vehicle or the point of refueling are prominently posted on the tank vehicle;
Electrical devices and wiring in areas where fuel dispensing is conducted are in accordance with the Electrical Code;
Tank vehicle dispensing equipment is operated only by designated personnel who are trained to handle and dispense motor fuels; and
Provisions are made for controlling and mitigating unauthorized discharges.

(c) 2304.5.2 Motor Vehicle Fuel Dispensing Stations. Motor vehicle fuel dispensing stations are not permitted at bulk plants which are not located in a rural area with the following exceptions:

(i) Existing bulk plants which are not located in rural areas if the motor vehicle fuel-dispensing dispensers were installed prior to February 9, 1996, and if the dispensers are in compliance.

(ii) Storage tanks which are located at bulk plants in rural areas and which are constructed and installed in compliance.

(d) 2304.5.3 Rural Bulk Plants. Bulk plants located inside the districts defined as "rural" are permitted to incorporate motor vehicle fuel-dispensing stations. The motor vehicle fuel-dispensing stations shall be separated by a fence or similar barrier from the area in which bulk operations are conducted.

(e) 2304.6 Rural Motor Vehicle Fuel-Dispensing Stations.

(f) 2304.6.1 Plans submittal. Plans shall be submitted in accordance with these rules for public automotive motor vehicle fuel-dispensing stations located in rural areas.

(g) 2304.6.2 Plans and specifications submittal. Plans and specifications shall be submitted for review and approval prior to the installation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area. A site plan shall be submitted which illustrates the location of flammable liquid, LP-gas, or CNG storage vessels, and their spatial relation to each other, property lines, and building openings. Both aboveground and underground storage vessels shall be shown on plans. For each type of station, plans and specifications shall include, but not be limited to, the following:

Plans, blueprints, or drawings for the renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area that utilizes aboveground storage of flammable or combustible liquids, or both, must be submitted to the FPIS by registered receipt mail for approval before beginning construction. The FPIS shall approve or deny the plans within 50 calendar days or they are automatically considered approved.

(h) 2304.6.3 Plan Approval. Prior to the proposed renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area, an applicant shall obtain a letter of approval from the local fire official responsible for fire protection. This letter and two sets of plans, blueprints, or drawings shall be submitted to the FPIS for examination and approval.

(i) 2304.7 Locations of aboveground tanks. Aboveground storage tanks are not prohibited for private use on farms and ranches. EXCEPTION: Pursuant to 50-3-103, MCA, there are no requirements regarding diked areas or heat-actuated or other shut-off devices for storage tanks containing Class I or Class II liquids.

(j) 2304.7.1 Disposal of Tanks. Tanks shall be disposed of in accordance with the following:

Underground tanks shall be disposed of in accordance with American Petroleum Institute (API) 1604, Third Edition, March 1996, and the Department of Environmental Quality's underground storage tank requirements.
All "unlisted" aboveground tanks which are no longer fit for continued service or which cannot be internally lined in accordance with nationally recognized standards, shall be disposed of in accordance with nationally recognized standards.
API documents can be obtained from the American Petroleum Institute, 200 Massachusetts Ave NW, Suite 1100, Washington, D.C. 20001-5571 or www.api.org .

(k) 2306.2.1.1 Inventory Control is amended by adding the following exceptions to the existing section: EXCEPTION: Other leak detection methods as approved by the Montana Department of Environmental Quality UST program are acceptable; and Unsupervised Dispensing requires a sign to provide an "EMERGENCY" telephone number.

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-102, 50-3-103, MCA
History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 728, Eff. 3/26/04; TRANS, from ARM 23.7.306, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2013 MAR p. 1338, Eff. 7/26/13; AMD, 2023 MAR p. 212, Eff. 3/11/23.

Mont. Admin. R. 23.12.606 Hazardous Materials

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-3-102, MCA
Implementing statute(s): 50-3-102, MCA
History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 364, Eff. 3/26/04; TRANS, from ARM 23.7.308, 2008 MAR p. 1467, Eff. 7/18/08; REP, 2010 MAR p. 395, Eff. 2/12/10.

Subchapter 23.12.7 Controlled Substances

Mont. Admin. R. 23.12.701 Precursors to Dangerous Drugs

(1) The following substances are precursors to dangerous drugs, regulated by Title 50, chapter 32, part 4, MCA:

(a) anhydrous ammonia;

(b) barbituric acid;

(d) boron tribromide;

(e) boron trifluoride;

(f) bromobenzene (monobromobenzene);

(g) butamediol-1,4;

(h) citral;

(i) cyclohexanone;

(j) diethylamine;

(k) ethyl malonate (diethyl malonate);

(l) dimethylformamide;

(m) dimethylsulfoxide;

(n) ergonovine;

(o) ergotamine;

(p) ethanolamine (monethanolamine);

(q) fomamide;

(r) formic acid;

(s) furan;

(t) gallic acid (3,4,5-trihydroxybenzoic acid);

(u) gamma butyrolactone;

(v) gamma hydroxybutryic acid;

(w) gloyoxylic acid (formylformic acid);

(x) hydriodic acid;

(y) hydroxylamine;

(z) hypophosphorous acid;

(aa) indole;

(bb) iodine in any form;

(cc) isosafrole;

(dd) lithium aluminum hydride (aluminum lithium hydride);

(ee) lysergic acid, or other ergot alkaloids which can be used to produce lysergic acid;

(ff) malonic acid (propanedioic acid);

(gg) methylamine;

(hh) nitroethane;

(ii) nitromethane;

(jj) olivitol;

(kk) oxalyl chloride;

(ll) phenylacetic acid;

(mm) phenyl-2-propanone (phenylacetone);

(nn) phosphorous acid;

(oo) phosphorous oxychloride;

(pp) piperidine;

(qq) piperonal;

(rr) red phosphorous;

(ss) safrole;

(tt) sulfanilamide;

(uu) thiourea;

(vv) tincture of iodine greater than 2%;

(ww) trifluoracetic anhydride;

(xx) 1,3,5-trimethoxybenzoic acid;

(yy) tyrosine;

(zz) white phosphorous;

(aaa) yellow phosphorous; and

(bbb) any salt, optical isomer, salt of an optical isomer, or preparation that is chemically equivalent to any of the chemicals listed above.

History

Authorizing statute(s): 50-32-401, MCA
Implementing statute(s): 50-32-401, MCA
History: NEW, 1980 MAR p. 1483, Eff. 5/16/80; AMD, 2004 MAR p. 2807, Eff. 1/1/05; TRANS, from ARM 23.10.101, 2008 MAR p. 1468, Eff. 7/18/08.

Subchapter 23.12.8 Regulation of Ephedrine or Pseudoephedrine

Mont. Admin. R. 23.12.801 Definitions

(1) "Licensed community pharmacy" means a pharmacy situated within ten miles of any place at which a licensed medical practitioner maintains an office for professional practice.

(2) "Retail establishment" means the registered owner of a business that sells products containing ephedrine or pseudoephedrine to the public.

History

Authorizing statute(s): 50-32-502, MCA
Implementing statute(s): 50-32-502, MCA
History: NEW, 2005 MAR p. 1782, Eff. 9/23/05; TRANS, from ARM 23.10.201, 2008 MAR p. 1468, Eff. 7/18/08.

Mont. Admin. R. 23.12.802 Retail Establishments Eligible to Apply for Certification

(1) A retail establishment is eligible to apply for certification with the department if:

(a) it is at least 5000 square feet in size;

(b) it sells 1000 separate items of product;

(c) it has a secure display location not accessible to customers, either behind a store counter or in a locked case, available for selling products that contain ephedrine or pseudoephedrine;

(d) it limits sales of products containing ephedrine or pseudoephedrine to packages containing no more than a total of nine grams; and

(e) it agrees to track customer sales and to prevent a customer from purchasing more than nine grams of products containing ephedrine or pseudoephedrine in any 30-day period.

History

Authorizing statute(s): 50-32-502, MCA
Implementing statute(s): 50-32-502, MCA
History: NEW, 2005 MAR p. 1782, Eff. 9/23/05; TRANS, from ARM 23.10.202, 2008 MAR p. 1468, Eff. 7/18/08.

Mont. Admin. R. 23.12.803 Requirements for Certification

(1) An eligible retail establishment will be certified by the department after it completes the certification requirements set forth in this subchapter.

(2) To be eligible for certification, a retail establishment must:

(a) submit a record keeping plan for approval by the department;

(b) submit to a site visit conducted by the department or local law enforcement; and

(c) complete training provided by the department or local law enforcement that covers the record keeping requirements for retail establishments and issues related to the production of methamphetamine.

(3) Upon completion of these requirements, a retail business may apply, on the form provided by the department, for certification.

(4) If a retail establishment meets the eligibility standards and has successfully completed the certification requirements, the department shall certify the retail establishment.

History

Authorizing statute(s): 50-32-502, MCA
Implementing statute(s): 50-32-502, MCA
History: NEW, 2005 MAR p. 1782, Eff. 9/23/05; TRANS, from ARM 23.10.203, 2008 MAR p. 1468, Eff. 7/18/08.

Mont. Admin. R. 23.12.804 Record Keeping Requirements

(1) Certified retail establishments selling products containing ephedrine or pseudoephedrine must keep records of the following:

(a) an inventory of products containing ephedrine or pseudoephedrine purchased by the retailer. The inventory must include:

(i) date of purchase; and

(ii) quantity of purchase;

(b) a record of all sales of products containing ephedrine or pseudoephedrine sold by the retailer. The record must include:

(i) date of sale;

(ii) quantity of product sold;

(iii) a record of the name and signature of the purchaser;

(iv) a record that the purchaser provided proper identification in either the form of a driver's license or other form of photo identification and a record of the identification number; and

(v) a record of the name and signature of the employee who made the sale; and

History

Authorizing statute(s): 50-32-502, MCA
Implementing statute(s): 50-32-502, MCA
History: NEW, 2005 MAR p. 1782, Eff. 9/23/05; TRANS, from ARM 23.10.204, 2008 MAR p. 1468, Eff. 7/18/08.

Mont. Admin. R. 23.12.805 Training Requirements

(1) Certified retail establishments shall have received training by the department or local law enforcement that covers the record keeping requirements for retail establishments, including but not limited to a record keeping system that tracks customer sales in order to prevent an individual customer from purchasing more than nine grams of products containing ephedrine or pseudoephedrine in any 30-day period, and issues related to the production of methamphetamine.

(2) Retail establishments shall be responsible for ensuring that any employees responsible for the intake or sale of products containing ephedrine or pseudoephedrine be trained in the requirements of the law, specifically but not limited to, that employees are trained in the record keeping requirements of this subchapter.

History

Authorizing statute(s): 50-32-502, MCA
Implementing statute(s): 50-32-502, MCA
History: NEW, 2005 MAR p. 1782, Eff. 9/23/05; TRANS, from ARM 23.10.205, 2008 MAR p. 1468, Eff. 7/18/08.

Mont. Admin. R. 23.12.806 Audit Compliance

(1) The department has the authority to audit the premises and records of a certified retail establishment for compliance with the Montana Code Annotated and administrative rules governing the sale of products containing ephedrine and pseudoephedrine.

History

Authorizing statute(s): 50-32-502, MCA
Implementing statute(s): 50-32-502, MCA
History: NEW, 2005, MAR p. 1782, Eff. 9/23/05; TRANS, from ARM 23.10.206, 2008 MAR p. 1468, Eff. 7/18/08.

Mont. Admin. R. 23.12.807 Failure to Comply

(1) A retail establishment's failure to comply with the Montana Code Annotated or administrative rules governing the sale of products containing ephedrine and pseudoephedrine may result in a warning or in decertification.

(2) A notice of warning or decertification will be provided in writing by the department to the retail establishment.

(3) If a retail establishment fails to correct the noted area of noncompliance after receiving a warning from the department, the department may issue a notice of decertification.

(4) Challenges to decertification will be considered in accordance with the provisions of the Montana Administrative Procedure Act.

(5) The penalties of this provision are in addition to the criminal penalties set forth in the Montana Code Annotated.

History

Authorizing statute(s): 50-32-502, MCA
Implementing statute(s): 50-32-502, MCA
History: NEW, 2005 MAR p. 1782, Eff. 9/23/05; TRANS, from ARM 23.10.207, 2008 MAR p. 1468, Eff. 7/18/08.

Subchapter 23.12.9 Sexual Assault Kit Tracking System

Mont. Admin. R. 23.12.901 Definitions

Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule.

(1) "Administered kit" means a sexual assault evidence kit that has been used to collect forensic evidence from an individual.

(2) "Authorized user" is a person who is designated by a healthcare facility, law enforcement agency, or crime laboratory and who has a registered account in the sexual assault kit tracking system.

(3) "Crime laboratory" means a Montana entity that receives, processes, and tests sexual assault kit evidence.

(4) "Department" means the Montana Department of Justice.

(5) "DOJ Victim Services" means the Montana Department of Justice Office of Victim Services Forensic Rape Examination Payment Program.

(6) "Healthcare facility" means a facility or entity that is licensed, certified, or otherwise authorized by law to administer medical treatment in this state.

(7) "Kit" means a sexual assault evidence kit.

(8) "Law enforcement agency" means a Montana law enforcement service provided directly by a local government as defined in 7-32-201, MCA.

(9) "Stakeholder" means a healthcare facility, law enforcement agency, or crime laboratory in the state of Montana that administers, receives, transfers, or stores sexual assault evidence kits.

(10) "Status" means the current location and status of the kit, including: inventory, collected, held, in evidence, processing, processed, archived, and discarded.

(11) "Tracking system" means the Sexual Assault Kit Tracking System defined in 46-15-405, MCA.

History

Authorizing statute(s): 46-15-405, MCA
Implementing statute(s): 46-15-405, MCA
History: NEW, 2021 MAR p. 1056, Eff. 8/28/21.

Mont. Admin. R. 23.12.902 Requirement to Designate Authorized Users

(1) A stakeholder shall designate at least two authorized users within the healthcare facility, law enforcement agency, or crime laboratory to register for and maintain a sexual assault kit tracking system account.

History

Authorizing statute(s): 46-15-405, MCA
Implementing statute(s): 46-15-405, MCA
History: NEW, 2021 MAR p. 1056, Eff. 8/28/21.

Mont. Admin. R. 23.12.903 Procedure for Healthcare Facilities to Use the Sexual Assault Kit Tracking System

(1) Within 72 hours of receiving a kit from DOJ Victim Services, a healthcare facility shall update the status of the kit in the tracking system.

(2) Within 24 hours of administering a kit, a healthcare facility shall update the status of the kit in the tracking system.

(3) A healthcare facility shall update a kit's status in the tracking system before transferring the kit to a law enforcement agency or DOJ Victim Services.

(4) A healthcare facility shall update a discarded or destroyed kit's status in the tracking system.

History

Authorizing statute(s): 46-15-405, MCA
Implementing statute(s): 46-15-405, MCA
History: NEW, 2021 MAR p. 1056, Eff. 8/28/21.

Mont. Admin. R. 23.12.904 Procedure for Law Enforcement Agencies to Use the Sexual Assault Kit Tracking System

(1) Within 72 hours of receiving a kit from a healthcare facility or DOJ Victim Services, a law enforcement agency shall update the kit's status in the tracking system.

(2) Within 72 hours of receiving a tested kit from a crime laboratory, a law enforcement agency shall update the kit's status in the tracking system.

(3) A law enforcement agency shall update a kit's status in the tracking system before transferring the kit to a crime laboratory, another law enforcement agency, or DOJ Victim Services.

History

Authorizing statute(s): 46-15-405, MCA
Implementing statute(s): 46-15-405, MCA
History: NEW, 2021 MAR p. 1056, Eff. 8/28/21.

Mont. Admin. R. 23.12.905 Procedure for Crime Laboratories to Use the Sexual Assault Kit Tracking System

(1) Within 72 hours of receiving a kit from a law enforcement agency, a crime laboratory shall update a kit's status in the tracking system.

(2) A crime laboratory shall update a kit's status in the tracking system before transferring the kit to a law enforcement agency.

History

Authorizing statute(s): 46-15-405, MCA
Implementing statute(s): 46-15-405, MCA
History: NEW, 2021 MAR p. 1056, Eff. 8/28/21.

Mont. Admin. R. 23.12.906 Notice of Violation

(1) A written notice of violation shall contain:

(a) the date of the notice;

(b) contact information for the stakeholder;

(d) a summary of the complaint made by the department, including:

(i) the specific provisions of the statute or rule alleged to be violated; and

(ii) the specific facts alleged to constitute a violation; and

(e) a description of the department's suggested corrective action.

(2) If a stakeholder is still in violation 30 days after the date of notice received via certified mail from the department, then the department may provide notice of the alleged violation to any legislative committee with jurisdiction over the stakeholder. The department may also provide public notice of the alleged violation.

History

Authorizing statute(s): 46-15-405, MCA
Implementing statute(s): 46-15-405, MCA
History: NEW, 2021 MAR p. 1056, Eff. 8/28/21.

Subchapter 23.12.10 Emergency Lodging and Recovery Program

Mont. Admin. R. 23.12.1001 Definitions

Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule.

(1) "Designated organization" means:

(a) a government entity, including but not limited to a victim witness assistance program, a local, state, federal, or tribal law enforcement agency, or a county attorney's office; or

(b) a nongovernmental organization included on the department's registry of designated organizations.

(2) "Domestic violence" means violence, threats, intimidation, coercion, or other abusive conduct committed by a partner or family member, including conduct described in 40-15-102, MCA.

(3) "Human trafficking" means conduct that may constitute an offense under Title 45, chapter 5, part 7, MCA.

(4) "Individual" means a person determined by a designated organization to qualify for emergency lodging.

(5) "Participating lodging establishment" means a lodging establishment designated by the department to participate in the program.

History

Authorizing statute(s): 44-4-1505, MCA
Implementing statute(s): 44-4-1505, 44-4-1506, MCA
History: NEW, 2026 MAR, Notice No. 2026-172, Eff. 9/26/26.

Mont. Admin. R. 23.12.1002 Designated Organizations

(1) The department shall maintain a registry of designated organizations consisting of nongovernmental organizations authorized by the department to make referrals for emergency lodging.

(2) A nongovernmental organization that provides services to victims of domestic violence or human trafficking may request designation from the department in a manner approved by the department.

(3) The department may designate a nongovernmental organization by including the organization on the registry if the department determines that the organization is qualified to participate in the program. As a condition of designation or continued inclusion on the registry, the department may require the organization to enter into a written agreement with the department.

(4) A nongovernmental organization remains on the registry unless the organization requests removal or the department removes the organization from the registry.

(5) The department may remove a nongovernmental organization from the registry for reasons including, but not limited to, fraudulent referrals, fraudulent or improper use of program funds, unauthorized disclosure of confidential information, conduct that materially compromises the safety of individuals or participating lodging establishments, or failure to comply with reporting or other program requirements. Removal is effective immediately. The department may refer suspected criminal conduct to the appropriate law enforcement agency and pursue remedies authorized by law, including recovery of improperly obtained program funds. The department may reinstate the organization if the department determines reinstatement is appropriate.

(6) The department shall provide an opportunity at least annually for appropriate statewide nonprofit organizations to submit comments regarding the registry.

History

Authorizing statute(s): 44-4-1505, MCA
Implementing statute(s): 44-4-1505, 44-4-1506, MCA
History: NEW, 2026 MAR, Notice No. 2026-172, Eff. 9/26/26.

Mont. Admin. R. 23.12.1003 Eligibility for Emergency Lodging

(1) The program is not intended to provide general homelessness assistance unrelated to domestic violence or human trafficking.

(2) Lodging shall only be provided to an individual who qualifies for emergency lodging and other persons whose lodging the designated organization determines is reasonably necessary for the individual's safety, care, or well-being.

(3) An individual qualifies for emergency lodging if:

(a) the individual is a victim of domestic violence or human trafficking; and

(b) the individual is in immediate need of temporary shelter because of domestic violence or human trafficking, including when lodging is necessary for the individual's safety, security, recovery, or stabilization.

(4) A designated organization shall determine whether an individual qualifies for emergency lodging based on the information reasonably available at the time of referral.

(5) Evidence supporting a determination may include law enforcement reports, protection orders, victim statements, medical records, service-provider assessments, or other information reasonably indicating that the individual is a victim of domestic violence or human trafficking.

(6) The department may determine that an individual or other person receiving lodging is ineligible for participation in the program for reasons including, but not limited to, damage to property, theft, overstaying authorized lodging, or violation of program requirements. The department may reinstate eligibility if the department determines reinstatement is appropriate.

History

Authorizing statute(s): 44-4-1505, MCA
Implementing statute(s): 44-4-1505, 44-4-1506, MCA
History: NEW, 2026 MAR, Notice No. 2026-172, Eff. 9/26/26.

Mont. Admin. R. 23.12.1004 Referrals by Designated Organizations

(1) Only a designated organization may make a referral for emergency lodging.

(2) A designated organization may authorize up to five nights of emergency lodging within a 30-day period, as follows:

(a) Only nights occurring on a business day count toward the five-night limitation. Nights of lodging that occur on a Saturday, Sunday, or a state-recognized holiday do not count toward the limitation.

(b) The five-night limitation applies within the 30-day period beginning on the first night of emergency lodging provided to the individual.

(c) The nights may be consecutive or nonconsecutive and may occur at the same or different participating lodging establishments.

(3) A designated organization shall maintain the confidentiality of individuals and other persons receiving lodging under the program, as follows:

(a) Personally identifying information shall remain confidential and may not be disclosed except pursuant to a valid release or as otherwise permitted or required by applicable law or court order.

(b) Reservations shall be made using a unique program identifier or alias instead of the individual's name.

(4) A designated organization shall submit a referral report to the department using a form or method prescribed by the department within the time period established by the department.

(5) Upon the department's request, and subject to applicable confidentiality requirements, a designated organization shall cooperate with the department's investigation into suspected fraud, misuse of the program, or noncompliance with applicable program requirements. Information obtained by the department shall be confidential and may be used or disclosed by the department only as necessary for the investigation or as otherwise authorized by law.

History

Authorizing statute(s): 44-4-1505, MCA
Implementing statute(s): 44-4-1505, 44-4-1506, MCA
History: NEW, 2026 MAR, Notice No. 2026-172, Eff. 9/26/26.

Mont. Admin. R. 23.12.1005 Participating Lodging Establishments

(1) The department may designate a lodging establishment to participate in the program. As a condition of designation or continued participation, the department may require the lodging establishment to enter into a written agreement with the department.

(2) To be designated as a participating lodging establishment, a lodging establishment must:

(a) make sales of accommodations as defined in 15-68-101, MCA;

(b) be located in Montana; and

(3) A participating lodging establishment shall maintain the confidentiality of individuals and other persons receiving lodging under the program. Identities shall remain confidential and may not be disclosed except as authorized in writing by the department or otherwise required by law.

(4) The department may terminate a lodging establishment's participation in the program for reasons including, but not limited to, failure to maintain confidentiality, submission of false or fraudulent information or reimbursement requests, or failure to comply with program requirements or an agreement with the department. Termination is effective immediately. The department may reinstate participation if the department determines reinstatement is appropriate.

History

Authorizing statute(s): 44-4-1505, MCA
Implementing statute(s): 44-4-1505, 44-4-1506, MCA
History: NEW, 2026 MAR, Notice No. 2026-172, Eff. 9/26/26.

Mont. Admin. R. 23.12.1006 Reimbursement to Participating Lodging Establishments

(1) Only a participating lodging establishment may request reimbursement.

(2) A participating lodging establishment may request reimbursement for:

(a) emergency lodging provided to an individual and other persons receiving lodging in accordance with these rules;

(b) goods or services provided directly by the participating lodging establishment during an emergency lodging stay that support the immediate stabilization or basic needs of the individual or other persons receiving lodging, including but not limited to meals or food provided by a restaurant or food service operated by the establishment, personal hygiene or personal care items provided by a retail area operated by the establishment, or similar goods or services provided directly by the establishment; and

(c) reasonable charges incurred by the participating lodging establishment that are directly attributable to an emergency lodging stay and that would ordinarily be charged to a hotel guest, including but not limited to pet fees, additional cleaning charges, smoking-related cleaning fees, replacement costs for linens or other property damaged or removed during the stay, or other similar charges ordinarily assessed to hotel guests.

(3) The department may establish maximum reimbursement amounts for lodging, goods, services, and charges through agreements with participating lodging establishments.

(4) A participating lodging establishment shall not request reimbursement for alcohol, tobacco or vaping products, controlled substances, or cash payments to an individual or other persons receiving lodging.

(5) A participating lodging establishment shall submit a request for reimbursement to the department using a form or method prescribed by the department within the time period established by the department.

(6) The department may review and audit reimbursement requests.

(7) The department may deny reimbursement for reasons including, but not limited to the request:

(a) includes charges that are not eligible for reimbursement;

(b) exceeds reimbursement limitations established by the department;

(d) includes false, fraudulent, incomplete, or inaccurate information; or

(e) cannot be reconciled with a referral submitted by a designated organization.

History

Authorizing statute(s): 44-4-1505, MCA
Implementing statute(s): 44-4-1505, 44-4-1506, MCA
History: NEW, 2026 MAR, Notice No. 2026-172, Eff. 9/26/26.

Subchapter 23.12.14 Performance Criteria at the Montana Law Enforcement Academy

Mont. Admin. R. 23.12.1415 Student's Final Ranking in the Basic Course Class

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-202, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; TRANS, from ARM 23.17.315, 2008 MAR p. 1470, Eff. 7/18/08; REP, 2018 MAR p. 304, Eff. 2/10/18.

Chapter 23.13 Public Safety Officer Standards and Training (post)

Subchapter 23.13.1 Organization

Mont. Admin. R. 23.13.101 Organization and General Provisions, Public Inspection of Orders and Decisions

(1) The organization and function of the Public Safety Officer Standards and Training Council ("POST" or "POST Council") are described in ARM 23.1.101.

(2) POST will maintain an index of all final orders and decisions in contested cases and declaratory rulings. All final decisions and orders must be available for public inspection on request, except confidential information which is protected from disclosure by federal or state law. Copies of final decisions and orders must be given to the public on request after payment of the cost of duplication.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-4-201, 2-4-623, 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.102 Definitions

As used in this chapter, the following definitions apply:

(1) "Allegation" means:

(a) a statement or accusation of misconduct made against a public safety officer to POST staff or the council by anyone;

(b) a statement or accusation of misconduct against a public safety officer made by the POST executive director acting upon any credible knowledge, information, or belief;

(c) the document or statement, prior to the notice of agency action, that initiates the preliminary investigation of an officer.

(2) "Certification" or "certificate" means any basic or advanced standards and training certification granted by the council after completion of the specific requirements as set forth in these rules.

(3) "Contested case" means a civil administrative proceeding that progresses pursuant to notice and hearing as outlined in MAPA and these rules, and which is initiated by a request for a hearing from an officer after the officer has received a notice of agency action imposing denial, sanction, suspension, or revocation by the director when the case could not be settled at the preliminary stage of review, investigation, or informal proceeding.

(4) "Conviction" means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury, without regard to the sentence imposed or whether the charge is later dismissed.

(5) "Council," "POST Council," or "POST" means the Public Safety Officer Standards and Training Council as created by 2-15-2029, MCA.

(6) "Denial," "deny," or "denied" means POST's permanent refusal to issue a basic certificate in any discipline, due to any violation of ARM 23.13.702 or 23.13.803.

(7) "Director" or "executive director" means the executive director of the Public Safety Officer Standards and Training Council.

(8) "Employing authority," "employing agency," "appointing authority," or "governmental unit" means any entity that is statutorily empowered with administration, supervision, hiring or firing authority, training, or oversight over a public safety agency or officer. This may include but is not limited to: the chief of police, mayor, county attorney, city council, warden, sheriff, etc.

(9) "Equivalency" means the process through which an officer who has successfully completed a basic course that is taught or approved by a federal, state, local, or United States military law enforcement agency, that satisfies the basic training requirement for that agency, may obtain a Montana POST basic certificate without completing the MLEA basic academy.

(10) "Field training" means instruction, training, or skill practice rendered to an officer by another officer or officers on a tutorial basis during a tour of duty while performing the normal activities of that officer's employment.

(11) "Hearing examiner" means the chair or the council's designated representative, who regulates the course of a contested case proceeding or other hearing held by the council, pursuant to 2-4-611, MCA and these rules. Powers of a presiding officer are the same as those of a hearing examiner.

(12) "In-service training" means training which is not POST-approved training and which is provided to public safety officers to review and develop skills and knowledge for a specific officer's needs.

(13) "Lateral POST training credit" means training which has been provided to a public safety officer who was formerly employed by a federal agency, state, tribe, county, municipality, city, or town, which is not a Montana public safety agency, and who is currently employed by a Montana public safety agency, when that training meets the requirements of POST-approved training. Lateral POST training credit will not be entered on an officer's POST transcript, but it may be used toward POST certificates as outlined in these rules.

(14) "MAPA" means the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.

(15) "Misconduct" means any action or conduct that could potentially result in denial, sanction, suspension, or revocation of POST certification pursuant to ARM 23.13.702 or a violation of the code of ethics contained in ARM 23.13.803.

(16) "Misdemeanor probation/pretrial services officer" means a public safety officer who regularly performs the following functions as part of their work assignment:

(a) gathers information about pretrial defendants or misdemeanants through interviews and records checks;

(b) reports information regarding pretrial defendants or misdemeanants to a judge so the judge can determine the propriety of pretrial supervision, detainment, or sentence revocation;

(c) monitors pretrial defendants' or misdemeanants' compliance with court-ordered pretrial release or misdemeanor probation conditions;

(d) provides information and resources to pretrial defendants or misdemeanants to help prevent violations of court-ordered conditions; and

(e) reports violations of court-ordered conditions to the court.

(17) "MLEA" or "Academy" means the Montana Law Enforcement Academy.

(18) "Notice of agency action" means the document that:

(a) gives an officer the notice required under 2-4-601, MCA;

(b) informs the officer of the denial, suspension, revocation, or sanction imposed by the POST director and the supporting reasons;

(c) initiates the 30-day time period in which an officer may request a hearing and thus initiate a contested case proceeding under MAPA.

(19) "Party" means one side, or its representative, in a preliminary investigation or contested case proceeding, usually the respondent and/or POST.

(20) "POST-approved training" means training reviewed and approved by POST pursuant to these rules for which POST gives training credit, including but not limited to basic, regional, and professional courses.

(21) "POST-certified instructor" means a public safety officer, as defined in these rules, who has met the requirements for and received an Instructor Certificate pursuant to these rules, and who may apply for and receive POST-approved training credit pursuant to these rules for trainings the officer conducts.

(22) "Presiding officer" means the chair of the council who holds all the same powers as a hearing examiner for the purpose of contested cases.

(23) "Public safety officer" means an officer, as defined in 44-4-401, MCA. Nothing in these rules may be construed to apply the requirements of 7-32-303 or 44-4-403, MCA, to an elected sheriff or coroner.

(24) "Reject" or "rejection" means POST's refusal of any request or application by a public safety officer or a public safety agency, which is not a denial as defined in these rules.

(25) "Respondent" means the public safety officer against whom an allegation of misconduct has been made, or the officer's legal representative.

(26) "Revocation" means the permanent cancellation by the director or council of a public safety officer's POST certificate, certification, and certifiability such that the performance of public safety officer duties is no longer permitted.

(27) "Roll call training" means instruction or training of short duration, less than two hours, within any law enforcement and/or any public safety agency, conducted when officers change shifts.

(28) "Sanction" means a consequence or punishment for a violation of ARM 23.13.702, 23.13.803, or the laws or rules of Montana.

(29) "Sexual misconduct" is defined as:

(a) any sexual activity, contact, or communication which occurs while the officer is on duty;

(b) any sexual contact without consent as defined in 45-5-501, MCA, without regard to whether such violation results in criminal charges or a conviction, including gratuitous physical contact with suspects or other civilians, such as unnecessary searches, frisks, or pat-downs;

(c) any sexual activity, contact, or communication, on or off duty, which the officer facilitates with public safety agency property, resources, or information systems;

(d) procuring, observing, or disseminating pornographic or sexually offensive material either on duty or using department property or resources, when such procurement, observation, or dissemination is not related to the officer's official duties;

(e) engaging in sexual harassment as defined in applicable laws; or

(f) any other sexual conduct which, whether committed in the officer's capacity as an officer or otherwise, is prejudicial to the administration of justice or reflects adversely on the appointing authority's integrity or the officer's honesty, integrity, or fitness as an officer.

(30) "Substance abuse" means the use of illegal drugs, other illegal substances, or legally acquired drugs in a manner that substantially limits the officer's ability to perform the essential duties of a public safety officer, or poses a direct threat to the health or safety of the public or a fellow officer.

(31) "Suspension" means the annulment, for a time period set by the director or council, of a public safety officer's POST certificate, certification, and certifiability, such that the performance of public safety or peace officer duties is not permitted during that period of time.

(32) "Voluntary surrender" means a public safety officer agrees to the revocation of the officer's certificate.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 7-32-303, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, from 23.13.701, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2020 MAR p. 580, Eff. 3/28/20; AMD, 2021 MAR p. 616, Eff. 5/29/21; AMD, 2022 MAR p. 1835, Eff. 9/24/22; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.103 Record of All Post Council Meetings

(1) As required by Title 2, chapter 6, MCA, POST will maintain records of all meetings and make those records available for public inspection. The record consists of an audio recording, transcript,or minutes of the proceedings. POST will maintain an audio recording of its meetings whenever possible.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-3-212, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.104 Notice to the Public of Post Council Actions of Significant Interest to the Public

(1) In accordance with 2-3-102 through 2-3-114, MCA, prior to making a final decision that is of significant interest to the public, POST will afford reasonable opportunity for public participation. Reasonable opportunity for public participation may be afforded by:

(a) any of the agency actions allowed pursuant to 2-3-104, MCA; or

(b) a notice of the proposed agency action published in the register in accordance with template 102a ( www.armtemplates.com ). POST may grant or deny an opportunity for hearing, except a hearing is required if the proposed action is the adoption of rules in an area of significant interest to the public.

(2) For purposes of (1)(b) only, significant interest to the public is defined at 2-4-102, MCA, as matters an agency knows to be of widespread citizen interest.

(3) Public comment on any public matter within the jurisdiction of POST must be allowed at any public meeting under 2-3-103, 2-3-202, and 2-3-203, MCA, defining "public matter" and "meeting" and stating the requirements applicable to opening and closing meetings to the public. The opportunity for public comment must be reflected on the meeting agenda and incorporated into the official minutes of the meeting. For purposes of this rule and 2-3-103, MCA, contested case is defined at 2-4-102, MCA.

(4) The POST Council or its committees may hold closed or executive sessions if the chair of the POST Council or the chair of the committee determines that:

(a) the matters to be discussed involve issues of individual privacy that clearly exceed the merits of public disclosure; or

(b) the matters to be discussed involve privileged legal communication, including attorney-client communication or attorney work product, or would otherwise have a detrimental effect on POST's litigation position.

(5) A chair's determination regarding whether to hold a closed or executive session may be overruled by a majority vote of the POST Council or committee.

(6) If the POST Council or a committee takes formal action during closed or executive session, the council or committee will announce its formal action on the public record, except when the action involves a legally recognized privilege or if the action would violate an individual's privacy interests.

History

Authorizing statute(s): 2-4-201, 2-15-2029, MCA
Implementing statute(s): 2-3-103, 2-3-104, 2-3-203, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.105 Committees of the Post Council

(1) The following are committees of the POST Council:

(a) The Administrative Rules of Montana Committee, or ARM Committee, consists of five voting members of the POST Council. The ARM Committee's purpose is to review and analyze POST rules and recommend appropriate rule draft and amendment language to carry out the decisions of the POST Council. The ARM Committee's rule proposals must be approved by a majority vote of the council prior to submission to the Secretary of State's office. The ARM Committee may, by a majority vote of the committee, direct that POST staff, with the assistance of legal counsel, prepare draft rule language for the council's consideration.

(b) The Business Plan/Policy Committee consists of three voting members of the POST Council. The Business Plan/Policy Committee's purpose is to review and, when necessary, propose changes to the long-range business plan of the council, and the daily operations, policies, and procedures under which the POST staff perform day-to-day business. Any substantive business plan, policy, or procedural changes must be approved by a majority vote of the council. The Business Plan/Policy Committee may, upon a majority vote of the committee, direct POST staff to prepare draft business plan or policy language for the council's consideration.

(c) The Case Status Committee consists of three voting members of the POST Council. The Case Status Committee's purpose is to determine whether allegations of misconduct by a public safety officer warrant investigation by POST staff, to determine whether a certificate sanction or other action is appropriate, to determine the appropriate sanction to a certificate upon a finding of misconduct, and to review other proposed actions at the request of the director. The director and POST staff will act based upon a majority vote of the Case Status Committee. Case Status Committee members may not participate in deliberations or any decision of the full council regarding the sanction of an officer's POST certification, except as provided in these rules.

(d) The Coroner Committee consists of three voting members of the POST Council. The Coroner Committee's purpose is to track and monitor issues of interest to the Montana Coroner's Association, and coroners in general. Any draft legislative proposals or other proposed action must be approved by a majority vote of the POST Council. Draft ARM proposals must be approved by a majority vote of the POST Council and may be referred to the ARM Committee for approval or drafting as well. The Coroner Committee may, by a majority vote of the committee, direct POST staff, with the assistance of legal counsel, to create draft legislation or ARM language relevant only to coroner issues for the council's consideration.

(e) The Curriculum Review Committee consists of five voting members of the POST Council. The MLEA administrator or the MLEA administrator's designee may act as an ex-officio member of the Curriculum Review Committee. The purpose of the Curriculum Review Committee is to review and discuss proposed training curriculum requiring POST approval or information. Any curriculum or basic course developed or reviewed by the Curriculum Review Committee must be approved by a majority vote of the POST Council.

(f) The Executive Committee consists of five members of the POST Council, including the chair of the POST Council. The chair of the POST Council will serve as the chair of the Executive Committee. The purpose of the Executive Committee is to make decisions necessary to implement the policies of the POST Council, and to provide additional oversight of POST staff. The decisions of the Executive Committee may include informing the Montana Legislature or a legislative committee of positions adopted by the council, providing advice and direction, short of ultimate decisions, regarding legal matters in which the council is a named party, and directing action by POST staff in order to accomplish the council's goals. The Executive Committee may direct POST staff to provide information to the legislature or its interim committees. The Executive Committee may also direct POST staff to appear and testify before the legislature or its interim committees in furtherance of positions taken by the council, or on behalf of the Executive Committee. When POST staff is representing a position of the Executive Committee only, it will disclose that the council has not taken a position on the issue. The Executive Committee may call a special meeting of the council, and may make recommendations to the council at a special or regular meeting.

(2) The POST Council may create additional committees upon a motion and resolution passed by a majority vote of the POST Council, including a description of the committee's purpose and authority. The chair of the POST Council will appoint members, and designate chairs of the committees of the POST Council in open meetings. The POST Council chair's appointments are subject to approval by a majority vote of the POST Council. During its final meeting of each calendar year, the POST Council will review the membership of each of its committees and determine whether new or alternative appointments should be made.

(3) If a committee member resigns from a committee of the POST Council or otherwise vacates the member's seat on a committee, the POST Council chair may make an interim appointment to fill the vacancy. Interim committee members may take action and vote on issues which are before the committee until the POST Council has the opportunity to approve the appointment of the committee member at its next regularly scheduled meeting.

(4) The chair may appoint non-voting ex-officio members of POST Council committees. Ex-officio members should be recognized subject matter experts in the field related to the committee's purpose. Ex-officio members may not be POST Council members. Ex-officio members are subject to approval by a majority vote of the POST Council.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 44-4-403, MCA
History: NEW, 2024 MAR p. 607, Eff. 3/23/24.

Subchapter 23.13.2 Certification

Mont. Admin. R. 23.13.202 Requirements for Public Safety Officers Hired Before the Effective Date of This Regulation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; REP, 2014 MAR p. 2951, Eff. 12/12/14.

Mont. Admin. R. 23.13.204 Purpose of Certificates

(1) Basic, intermediate, advanced, supervisory, command, and other certificates are established and awarded by the council to increase the professionalism and skill of public safety officers and to promote ethical behavior, education, and experience necessary to adequately perform the duties of a public safety officer.

(2) Certificates remain the property of the council. The council has the power to recall, deny, sanction, suspend, or revoke any or all certificates upon good cause based on a preponderance of the evidence as determined by the council.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 7-32-303, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.205 General Requirements for Certification

(1) To be eligible for the award of a certificate, each officer must be a full-time or part-time public safety officer as defined by 44-4-401, MCA, at the time the application for certification is received by the council.

(2) Public safety officers must complete the required basic training as set by the council and Montana law.

(3) All public safety officers must abide by the code of ethics as prescribed in ARM 23.13.803. Acceptance of POST certification is an agreement to abide by and adopt the code of ethics and refrain from the behaviors outlined in ARM 23.13.702.

(4) Prior to issuance of any certificate, the public safety officer must have completed the designated combinations of education, training, and experience as established by the council.

(5) To maintain certification the officer must:

(a) abide by all laws and rules of Montana, including those set forth herein;

(b) maintain ethical conduct by upholding and abiding by the code of ethics set forth in ARM 23.13.803 and refrain from engaging in any behavior that constitutes a ground for denial, sanction, suspension, or revocation under ARM 23.13.702;

(6) Training hour guidelines are as follows:

(a) no training hours for the basic courses or legal equivalency courses may be applied to any other certificate; and

(b) acceptability of training hours claimed for training received from noncriminal justice sponsored agencies will be determined by the council and requires an application for credit.

(7) No more than 15% of the required training hours will be allowed from in-service training. An officer who wishes to use in-service training hours when applying for intermediate or advanced certificates must submit documentation of in-service training hours with the officer's certificate application.

(a) The POST Council is not responsible for maintaining records of the course content supporting regional, online, or in-service training hours acquired to satisfy the requirements of this rule. The appointing authority or the individual officer must maintain records of the course content supporting regional, online, or in-service training hours acquired to satisfy this rule.

(8) Lateral POST training credit hours may be used to qualify for any certificate on an hour-for-hour basis.

(9) Applicable discipline-specific experience in any public safety agency will be considered by the council when determining the minimum standards for certification of each discipline.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.206 Requirements for the Basic Certificate

(1) POST will issue basic certificates in the following disciplines:

(a) peace officer;

(b) detention/corrections officer;

(d) misdemeanor probation/pretrial services officer;

(e) public safety communications officer;

(f) coroner; and

(g) reserve officer.

(2) In addition to ARM 23.13.204 and 23.13.205, the following are required for the award of the basic certificate:

(a) All Montana public safety officers must have completed:

(i) the probationary period prescribed by law or by the current appointing authority, but in any case, have a minimum of one year discipline-specific experience with the current appointing authority; and

(ii) the basic course or the equivalency as defined by the council.

(b) Public safety officers with out-of-state training or who have been formerly appointed by a federal agency, state, tribe, county, municipality, city, or town who do not have basic certification and are appointed by a Montana law enforcement and/or public safety agency:

(i) must have completed the probationary period prescribed by law, but in any case, have a minimum of one year experience with the present appointing authority;

(ii) whose training or service time is determined by the council, the director, or the director's designee as equivalent to the basic course must successfully complete an equivalency program, approved by the council and administered by the MLEA. The council will require those who fail an equivalency program to successfully complete the basic course at the academy; and

(iii) whose training or service time is determined by the council, the director, or the director's designee as not equivalent to the basic course must, within one year of initial appointment, successfully complete the basic course.

(c) All of the training and equivalency requirements for the basic certificate must be accomplished within one year of the initial appointment.

(d) The council, the director, or the director's designee may grant a one-time extension to the one-year time requirement for public safety officers upon the written application of the officer's appointing authority. The application must explain the circumstances that make the extension necessary. The council may not grant an extension to exceed 180 days. Factors that the council may consider in granting or rejecting the extension include but are not limited to:

(i) illness of the public safety officer or a member of the public safety officer's immediate family;

(ii) absence of reasonable access to the basic course, or the legal training course; and/or

(iii) an unreasonable shortage of personnel within the department.

(e) A public safety officer who has been issued a basic certificate by the council and whose last date of service as a public safety officer, in the discipline for which the officer received a basic certificate, was less than 36 months prior to the date of the person's present appointment as a public safety officer, in the discipline for which the officer received a basic certificate, is not required to fulfill the basic educational requirements as set forth in these rules.

(f) If the last date of service as a public safety officer, in the discipline for which the officer received a basic certificate, is more than 36 months but less than 60 months prior to the date of present appointment as a public safety officer, in the discipline for which the officer received a basic certificate, the public safety officer may satisfy the basic requirement by successfully passing a basic equivalency course administered by the academy. If the public safety officer fails the basic equivalency course, the basic course shall be completed within the time frames set forth in the rules. If no basic equivalency course exists for the public safety officer's specific discipline, then the applicable basic course must be completed within one year of the public safety officer's most recent appointment.

(3) An officer meeting the qualifications outlined above will be issued a basic POST certificate. The discipline of the basic POST certificate issued will correspond to the basic training course the officer attended. POST will not reissue a basic certificate merely to change the discipline listed.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2020 MAR p. 664, Eff. 3/28/20; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.207 Requirements for the Public Safety Officer Intermediate Certificate

(1) POST will issue intermediate certificates in the following disciplines:

(a) peace officer;

(b) detention/corrections officer;

(d) misdemeanor probation/pretrial services officer; and

(e) public safety communications officer.

(2) In addition to ARM 23.13.204 and 23.13.205, a peace officer or probation and parole officer who is an applicant for an award of the intermediate certificate:

(a) must possess the discipline-specific basic certificate;

(b) must have four years of discipline-specific experience; and

(3) In addition to ARM 23.13.204 and 23.13.205, a detention/corrections officer or a misdemeanor probation/pretrial services officer who is an applicant for an award of the intermediate certificate:

(a) must possess the discipline-specific basic certificate;

(b) must have four years of discipline-specific experience; and

(4) In addition to ARM 23.13.204 and 23.13.205, a public safety communication officer who is an applicant for an award of the intermediate certificate:

(a) must possess the discipline-specific basic certificate;

(b) must have four years of discipline-specific experience; and

(5) Officers who believe they are eligible for an intermediate certificate must submit a completed application pursuant to ARM 23.13.218.

(6) A misdemeanor probation/pretrial services officer who possessed a probation and parole basic certificate before March 28, 2020 meets the requirement of (3)(a).

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2020 MAR p. 664, Eff. 3/28/20; AMD, 2024 MAR p. 607, Eff. 3/23/24; AMD, 2025 MAR, Notice No. 2025-113, Eff. 8/9/25.

Mont. Admin. R. 23.13.208 Requirements for Public Safety Officer Advanced Certificate

(1) POST will issue advanced certificates in the following disciplines:

(a) peace officer;

(b) detention/corrections officer;

(d) misdemeanor probation/pretrial services officer; and

(e) public safety communications officer.

(2) In addition to ARM 23.13.204 and 23.13.205, a peace officer or probation and parole officer who is an applicant for an award of the advanced certificate:

(a) must possess the discipline-specific intermediate certificate; and

(b) must have eight years of discipline-specific experience and 400 combined POST-approved, in-service, lateral POST training credit hours as provided in these rules.

(3) In addition to ARM 23.13.204 and 23.13.205, a detention/corrections officer or a misdemeanor probation/pretrial services officer who is an applicant for an award of the advanced certificate:

(a) must possess the discipline-specific intermediate certificate; and

(b) must have eight years of discipline-specific experience and 304 combined POST-approved, in-service, or lateral POST training credit hours as provided in these rules.

(4) In addition to ARM 23.13.204 and 23.13.205, a public safety communications officer who is an applicant for an award of the advanced certificate:

(a) must possess the discipline-specific intermediate certificate; and

(b) must have eight years of discipline-specific experience and 184 combined POST-approved, in-service, or lateral POST training credit hours as provided in these rules.

(5) Officers who believe they are eligible for an advanced certificate must submit a completed application pursuant to ARM 23.13.218.

(6) A misdemeanor probation/pretrial services officer who possessed a probation and parole intermediate certificate before March 28, 2020, meets the requirement of (3)(a).

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2020 MAR p. 580, Eff. 3/28/20; AMD, 2024 MAR p. 607, Eff. 3/23/24; AMD, 2025 MAR, Notice No. 2025-113, Eff. 8/9/25.

Mont. Admin. R. 23.13.209 Requirements for Public Safety Officer Supervisory Certificate

(1) POST will issue supervisory certificates in the following disciplines:

(a) peace officer;

(b) detention/corrections officer;

(d) misdemeanor probation/pretrial services officer; and

(e) public safety communications officer.

(2) In addition to ARM 23.13.204 and 23.13.205, the applicant for an award of the supervisory certificate:

(a) must possess the discipline-specific intermediate certificate;

(b) must have successfully completed a minimum of 32 hours of POST-approved training in a supervisory, management, or leadership topic matter; and

(c) must have served satisfactorily as a first-level supervisor currently and for one year prior to the date of application, as attested to by the head of the appointing authority.

(3) A first-level supervisor is a position above the operational level for which commensurate pay is authorized, is occupied by an officer who, in the upward chain of command, principally is responsible for the direct supervision of employees of an agency or is subject to assignment of such responsibilities.

(4) Officers who believe they are eligible for a supervisory certificate must submit a completed application pursuant to ARM 23.13.218.

(5) A misdemeanor probation/pretrial services officer who possessed a probation and parole intermediate certificate before March 28, 2020, meets the requirement of (2)(a).

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2020 MAR p. 580, Eff. 3/28/20; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.210 Requirements for Public Safety Officer Command Certificate

(1) POST will issue command certificates in the following disciplines:

(a) peace officer;

(b) detention/corrections officer;

(d) misdemeanor probation/pretrial services officer; and

(e) public safety communications officer.

(2) In addition to ARM 23.13.204 and 23.13.205, the applicant for an award of the command certificate:

(a) must possess the discipline-specific supervisory certificate;

(b) must have completed a professional development course or courses cumulating a minimum of 160 hours or more of POST-approved credit hours in a supervisory, management, or leadership topic matter; and

(c) must have served satisfactorily as a first-level supervisor currently and for one year prior to the date of application, as attested to by the head of the appointing authority.

(3) Officers who believe they are eligible for a command certificate must submit a completed application pursuant to ARM 23.13.218.

(4) A misdemeanor probation/pretrial services officer who possessed a probation and parole supervisory certificate before March 28, 2020, meets the requirement of (2)(a).

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2020 MAR p. 580, Eff. 3/28/20; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.211 Requirements for Public Safety Officer Administrative Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; REP, 2018 MAR p. 2518, Eff. 12/22/18.

Mont. Admin. R. 23.13.212 Instructor Certification Requirements

(1) Instructor certificates are not discipline-specific and POST may issue an instructor certificate to any public safety officer who meets the qualifications in these rules.

(2) A public safety officer providing POST-approved training as defined in these rules must be certified by the council as an instructor.

(3) To qualify as an instructor, the officer must meet the following requirements:

(a) two years of public safety experience;

(b) an active POST basic certificate in the officer's current discipline;

(d) successful completion of a POST-approved instructor development course or its equivalent. Effective January 11, 2025, all instructor development courses must be a minimum of 40 hours in length and must cover the following topics:

(i) curriculum design;

(ii) adult learning theories;

(iii) foundation skills for trainers;

(iv) training preparation and delivery; and

(v) context of training.

(4) Instructor certificates in any discipline issued prior to October 28, 2017 and any instructor certificate issued after October 28, 2017, may be renewed every four years.

(5) Officers who believe they are eligible for any instructor certificate must submit a completed application, pursuant to ARM 23.13.218. The council or the director may reject applications for instructor certification for failure to satisfy the required qualifications. The council or the director may recall, suspend, or revoke instructor certificates at any time for good cause to ensure the quality of the training programs.

(6) A misdemeanor probation/pretrial services officer who possessed a probation and parole basic certificate before March 28, 2020, meets the requirement of (3)(b).

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD and TRANS, from 23.13.401, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2020 MAR p. 580, Eff. 3/28/20; AMD, 2024 MAR p. 607, Eff. 3/23/24; AMD, 2025 MAR, Notice No. 23-13-284, Eff. 1/11/25.

Mont. Admin. R. 23.13.213 Requirements for Designated Incident Command Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, from 23.13.501, 2014 MAR p. 2951, Eff. 12/12/14; REP, 2017 MAR p. 1953, Eff. 10/28/17.

Mont. Admin. R. 23.13.218 Procedure for Obtaining Post Certification

(1) Except as provided in (3), POST will automatically issue basic certificates to public safety officers who meet the minimum requirements outlined in these rules.

(2) Officers who believe they are eligible for an intermediate, advanced, supervisory, command, or instructor certificate must submit a completed application, with appointing authority approval, to the director. Applications are available from POST staff or on the POST website.

(a) The director or the director's designee will then review the application and approve or reject the application, unless the director determines, as a matter of discretion, that the council's review is necessary due to extenuating circumstances.

(b) Upon approval by the director, the certificate becomes valid unless the council takes further action.

(c) Upon rejection by the director, a public safety officer may request reconsideration by the council pursuant to ARM 23.13.704.

(3) POST will not automatically issue a basic certificate to:

(a) reserve officers; or

(b) any public safety officer against whom POST has received allegations of misconduct which may be a violation of the code of ethics in ARM 23.13.803 or constitute grounds for denial, sanction, suspension, or revocation in ARM 23.13.702.

(c) Upon notice of the reserve officer's qualification, made by the reserve officer's agency head to the director on a form approved by the council, POST will issue a reserve officer basic certificate to the reserve officer.

(d) The director and the Case Status Committee will review the qualifications of an officer accused of violations of ARM 23.13.702 or 23.13.803, pursuant to these rules.

(4) POST will not consider any application for certification or recertification when the applicant's certification has previously been denied or revoked as defined in these rules, and a final agency decision, including any appeal, regarding the denial or revocation has been entered.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 44-4-403, MCA
History: NEW, 2024 MAR p. 607, Eff. 3/23/24.

Subchapter 23.13.3 Training Courses

Mont. Admin. R. 23.13.301 Qualifications for Approval of Public Safety Officer Training Courses

(1) The director or the director's designee may approve any request for POST training credit. Any person aggrieved by a determination made by the director under this rule may seek review of the decision by the POST Council.

(2) To obtain the status of POST-approved training, training courses must:

(a) cover topic matter that is relevant to the public safety profession;

(b) be based upon generally recognized best practices;

(d) be at least one hour or more in length;

(e) be advertised and open to all public safety agencies; and

(f) contain course content that has been reviewed and approved by the agency hosting the training, or the appointing authority of the officer receiving credit for the training, either before or after the training occurs.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2021 MAR p. 616, Eff. 5/29/21; AMD, 2024 MAR p. 607, Eff. 3/23/24; AMD, 2025 MAR, Notice No. 23-13-284, Eff. 1/11/25.

Mont. Admin. R. 23.13.302 Requirements for Trainee Attendance and Performance in Post-Approved Courses

(1) Trainees enrolled in any POST-approved course must meet all the requirements in this rule in order to obtain POST credit hours.

(2) No trainee may receive credits for a training course if absences exceed 10% of the total hours for the course.

(3) Any trainee who fails to comply with these rules pertaining to attendance and performance shall be denied credits.

(4) A POST-certified instructor will not receive training credit for any training in which the POST-certified instructor provides instruction.

(5) Failure to comply with the rules contained herein or other guidelines may result in either rejection of course approval or a withdrawal of course approval.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.304 The Basic Courses

(1) The amount of training hours required in any basic public safety officer's course must be approved by the council.

(2) Students in any basic public safety officers' course are required to complete instruction in the prescribed subject areas as directed by the council.

(3) The council will review the curriculum for all basic public safety officers' courses for approval. The review may consist of examining and approving the course syllabus and/or a thorough review of individual course performance objectives and lesson plans which have been established for each designated training block within the prescribed subject areas.

(4) The council may approve changes from the course content established at the last review upon written application from the MLEA administrator, training agency, or training provider providing evidence that such change is compatible with the public interest.

(5) Any public safety agency which provides or oversees a public safety officer basic course must report to the executive director any substantiated grounds for denial, sanction, suspension, or revocation of POST certification as outlined in these rules.

(6) POST will, at least annually, audit every public safety course that exceeds 40 hours, except the reserve officer basic courses. POST will audit the records and documentation retained by the MLEA, training agency, or training provider.

(7) A basic course which has been approved by a Montana state or local agency, and which is being administered by an accredited Montana college or university, must meet the following additional requirements:

(a) The accredited Montana college or university curriculum must have the same training subjects and a minimum of the same total basic course hours as the Montana Law Enforcement Academy’s Law Enforcement Officer Basic Course.

(b) The Montana state or local agency must approve the curriculum and methods of the training, and then the basic course syllabus must be approved by the council:

(i) anytime the course syllabus changes; and

(ii) annually, even if the syllabus has not changed;

(i) must designate a public safety officer to oversee and audit the method of training and day-to-day operations of the course each time the course is provided;

(ii) must document and report all audits of the method and manner of training to POST; and

(iii) must provide the audit and any corrective action to the council to consider and take appropriate action at a regularly scheduled meeting, if deficiencies are noted in the audit regarding the method and manner of training.

(d) It is the responsibility of the approving Montana state or local public safety agency to maintain documentation of compliance with these rules.

(e) All required documentation must be made available to POST for the purpose of conducting its annual audit and any necessary random audits.

(8) In addition to the provisions of this rule, every public safety officer basic course is subject to the requirements of ARM 23.13.301, and each student must meet the requirements of ARM 23.13.302 and 23.13.801.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2021 MAR p. 616, Eff. 5/29/21; AMD, 2024 MAR p. 607, Eff. 3/23/24; AMD, 2026 MAR, Notice No. 2025-413, Eff. 2/7/26.

Mont. Admin. R. 23.13.305 Process for Obtaining Post Approval for Public Safety Officer Training Courses

(1) POST may provide approval for POST credit hours for training that is instructed by a POST-certified instructor, or which is being hosted by a governmental agency with a Montana location.

(2) A POST-certified instructor seeking course credit for training provided to public safety officers must have an active POST instructor certificate that is not revoked, suspended, or subject to POST sanctions and must submit an application for accreditation to the director or the director's designee and retain documentation of:

(a) an education or training record that indicates the officer has received education or training in the specific field, subject matter, or academic discipline to be taught;

(b) material showing course content, including an agenda, syllabus and/or lesson plan, and student handouts; and

(3) To receive POST training credit, a governmental agency hosting a training for a public safety officer or officers must submit an application for accreditation to the director, or the director's designee, and retain documentation of:

(a) if the instructor is a POST-certified instructor, a copy of the instructor's instructor certificate and an education or training record that indicates the officer has received education or training in the specific field, subject matter, or academic discipline to be taught; or

(b) if the instructor is not a Montana public safety officer, a copy of the instructor's biography;

(d) a copy of the course advertisement.

(4) Any application for POST training credit hours must be submitted within one year of the end of the course.

(5) It is the responsibility of the POST-certified instructor or the governmental agency hosting a training to retain the required documentation set forth in these rules and monitor the standards for training, trainee attendance, and performance as set by the council. Records maintained under this rule are subject to audit by the director or the director's designee during normal business hours upon reasonable notice to the agency.

(6) When a POST-certified instructor or governmental agency applies for POST training credit, the POST-certified instructor or governmental agency may request a waiver of the requirement to open and advertise a specific course, which the director may approve or reject, as a matter of discretion, and based upon good cause. The POST-certified instructor or governmental agency must retain documentation of its reasons for requesting the waiver, as outlined in (5).

(7) The director or the director's designee will review the application and approve or reject the application, unless the director determines, as a matter of discretion, that the council's review is necessary due to extenuating circumstances.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2024 MAR p. 607, Eff. 3/23/24; AMD, 2025 MAR, Notice No. 23-13-284, Eff. 1/11/25.

Mont. Admin. R. 23.13.306 Process for Obtaining Post Training Credit Hours for Individual Public Safety Officers

(1) POST may provide POST training credit hours to individual public safety officers who submit an application after attending a training which was not approved.

(2) To receive POST training credit, a public safety officer must, after successful completion of a course, submit an application for accreditation to the director, or the director's designee, and retain documentation of:

(a) if the instructor was a POST-certified instructor, a copy of the instructor's instructor certificate; or

(b) if the instructor is not a Montana public safety officer, a copy of the instructor's biography;

(d) a copy of the course advertisement;

(e) a copy of the officer's certificate of completion; and

(f) an endorsement from the officer's appointing authority, recommending that the POST training credit hours be awarded.

(3) Any application for POST training credit hours must be submitted within one year of the end of the course.

(4) It is the responsibility of the public safety officer or the appointing authority of the public safety officer to retain the required documentation set forth in these rules and comply with the standards for training, trainee attendance, and performance as set by the council. Records maintained under this rule are subject to audit by the director or the director's designee during normal business hours upon reasonable notice to the agency.

(5) When a public safety officer applies for POST training credit, the officer may request a waiver of the following requirements:

(a) the requirement to retain an instructor biography or certification information for the instructor; and

(b) the requirement that the course be open and advertised to all public safety agencies.

(6) The officer must retain documentation of its reasons for requesting the waiver, as outlined in (4).

(7) The director may approve or reject any waivers requested, as a matter of discretion and based on good cause.

(8) The director or the director's designee will review the application and approve or reject the application, unless the director determines, as a matter of discretion, that the council's review is necessary due to extenuating circumstances.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2024 MAR p. 607, Eff. 3/23/24; AMD, 2025 MAR, Notice No. 23-13-284, Eff. 1/11/25.

Subchapter 23.13.6 Coroner Education and Continued Education

Mont. Admin. R. 23.13.601 Coroner Education and Continued Education and Extension of Time Limit for Continued Certification

(1) Coroner education shall be conducted as prescribed in 7-4-2905, MCA.

(2) New coroners and deputy coroners shall, within one year of appointment as a coroner or deputy coroner, complete the 40-hour basic coroner course at the academy or other equivalent course approved by POST. The basic coroner course must be completed in accordance with 7-4-2905, MCA.

(3) Coroners and deputy coroners must complete 16 hours of continuing coroner education at least once every two years. The two-year time period begins when the coroner or deputy coroner completes the basic coroner course. Subsequent two-year time periods begin when the coroner or deputy coroner completes the 16 hours of continuing education.

(a) The council, the director, or the director's designee may extend the two-year time limit requirement for the continuation of coroner's certification, set forth in 7-4-2905, MCA, upon the written application of the coroner or the appointing authority of the deputy coroner. The application must explain the circumstances which necessitate the extension;

(b) Factors considered in granting or rejecting an extension include, but are not limited to:

(i) illness of the coroner/deputy coroner or an immediate family member;

(ii) absence of reasonable access to the continuing coroner education; or

(iii) an unreasonable shortage of personnel;

(4) Any coroner or deputy coroner who fails to complete 16 hours of continuing coroner education every two years, as required, must reattend the 40-hour coroner basic academy. Any coroner or deputy coroner who has received an extension pursuant to this rule and fails to complete 16 hours of continuing coroner education within the period of the extension, must reattend the 40-hour coroner basic academy.

History

Authorizing statute(s): 2-15-2029, 7-4-2905, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Subchapter 23.13.7 Revocation/Suspension of Certification

Mont. Admin. R. 23.13.702 Grounds for Denial, Sanction, Suspension, or Revocation of Post Certification

(1) Any legitimate allegation made against any public safety officer that may result in the denial, sanction, revocation, or suspension of that officer's certification must be considered by either:

(a) the case status committee and the executive director; or

(b) the council.

(2) The public safety officer's appointing authority must report to the executive director any substantiated grounds for denial, sanction, suspension, or revocation of POST certification as enumerated in (3).

(a) If review of an officer's conduct is pending before any court, council, tribunal, or agency, the appointing authority must report the officer's conduct to the executive director and may request that POST take no action until final adjudication. Such a request will be granted or rejected based upon a majority vote of the Case Status Committee.

(b) If an officer's conduct results in termination of the officer's service, the notice requirements of 7-32-303, MCA, and ARM 23.13.806 apply.

(3) The grounds for denial, sanction, suspension, or revocation of the certification of public safety officers are as follows:

(a) willful falsification of any information in conjunction with official duties, or any single occurrence or pattern of lying, perpetuating falsehoods, or dishonesty which may tend to undermine public confidence in the officer, the officer's appointing authority, or the profession;

(b) a physical or mental condition that substantially limits the officer's ability to perform the essential duties of a public safety officer, or poses a direct threat to the health and safety of the public or fellow officers, and that has not been or cannot be eliminated or overcome by reasonable accommodation provided by the appointing authority;

(d) unauthorized use of or being under the influence of an intoxicating substance, including alcoholic beverages or marijuana, while on duty, or the use of an intoxicating substance, including alcoholic beverages or marijuana, in a manner which tends to discredit the officer, the officer's appointing authority, or the profession;

(e) conviction of a criminal offense enumerated in Title 45, chapters 5 through 10, MCA, or Title 61, chapter 8, part 10, MCA, or an offense which would be a criminal offense enumerated in Title 45, chapters 5 through 10, MCA, or Title 61, chapter 8, part 10, MCA, if committed in this state;

(f) neglect of duty or willful violation of orders or policies, procedures, rules, regulations, or criminal law when such action or inaction, committed in the officer's capacity as an officer or otherwise, reflects adversely on the officer's honesty, integrity, or fitness as an officer or is prejudicial to the administration of justice;

(g) willful violation of the code of ethics set forth in ARM 23.13.803;

(h) failure to meet the minimum standards for appointment or continued service as a public safety or peace officer set forth in these rules or Montana law;

(i) failure to meet the minimum training requirements or continuing education and training requirements for a public safety or peace officer required by Montana law and these rules;

(j) operating outside or ordering, permitting, or causing another officer to operate outside of the scope of authority for a public safety or peace officer as defined by 44-4-401, 44-4-404, or 7-32-303, MCA, or any other provision of Montana law regulating the conduct of public safety officers;

(k) the use of excessive or unjustified force in conjunction with official duties;

(l) engaging in sexual misconduct as defined in these rules; or

(m) the denial, sanction, suspension, or revocation of any license or certification equivalent to a POST certification imposed by a board or committee equivalent to POST in any other state.

(4) It is a defense to an allegation of substance abuse, as defined in these rules, if the officer shows by a preponderance of the evidence that the officer's substance abuse has been eliminated or overcome by reasonable treatment.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2020 MAR p. 580, Eff. 3/28/20; AMD, 2022 MAR p. 1835, Eff. 9/24/22; AMD, 2023 MAR p. 479, Eff. 5/27/23; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.703 Procedure for Making and Receiving Allegations of Officer Misconduct and for Informal Resolution of Those Allegations by the Director

(1) The POST Council will create, maintain, and adopt in public meetings a policy and procedure for processing and responding to allegations. The policy and procedure will be posted on POST's web site and made publicly available. It will comply with these rules and offer the director further guidance regarding the specific steps that the director and POST staff will take when responding to allegations.

(2) Any allegation made against a public safety officer that states potential grounds for denial, sanction, suspension, or revocation of POST certification must initially be provided to the appointing authority of the officer in question for review and recommendation, unless the appointing authority is making the allegation. All allegations must be made in writing unless the director initiates the allegation. Anonymous allegations will not be considered unless the director determines that public safety may be threatened if POST takes no action on an anonymous allegation.

(3) Except as provided in this section, POST will not proceed with an allegation unless the individual making the allegation or POST staff has notified the appointing authority of the allegation. This requirement does not apply if the allegation has been made against the highest-ranking officer in the agency, who would otherwise constitute the appointing authority, or there is some reason to believe that the investigation or public safety would be put in danger by such a notification.

(4) Within 30 days of being notified of the allegation, or in making its own allegation of misconduct, the appointing authority must give POST a notice of the appointing authority's investigation, action, ruling, finding, or response to the allegation, in writing, which must include a description of any remedial or disciplinary action pending or already taken against the officer regarding the allegation in question, and which may contain a recommendation from the appointing authority regarding whether POST should impose a sanction. If the appointing authority recommends POST impose a sanction, the appointing authority must state what sanction the appointing authority deems reasonable. POST shall consider but is not bound by the recommendation of the appointing authority. If available, a copy of the initial allegation made to the appointing authority and the appointing authority's written response must be forwarded to the director. The appointing authority may make a written request to the director for additional time to respond. Such a request must provide good cause as to the reason more time is required. The director may grant or deny requests for additional time at the director's discretion.

(5) After the appointing authority has been notified and given the opportunity to act, the director or POST staff may accept an allegation to be presented to the case status committee. If an allegation is received from an appointing authority, the executive director may, if appropriate under the circumstances, send a "Letter 1" (as described in the POST Council's policy and procedure adopted under (1)) to the officer prior to consultation with the case status committee, provided the director notify the committee of the Letter 1 as soon as practicable.

(a) Any allegation submitted to the council must be submitted to the director or POST staff and may not be submitted to the full council or any individual member of the council.

(b) The allegation must provide at least the following information:

(i) the name, address, and telephone number of the individual making the allegation, which the director may keep confidential if the individual or public safety would be harmed by disclosure;

(ii) the name and appointing authority of the officer;

(iii) a complete description of the incident;

(iv) the remedy sought;

(c) A person making an allegation must use the allegation form available from POST staff or submit an allegation in substantially similar format.

(d) An appointing authority or a public safety agency which provides or oversees a public safety officer basic course may submit a written allegation on the agency's letterhead with supporting documents that the agency deems appropriate.

(6) The director may initiate an allegation, based on good cause and reliable information, and must follow the procedure set forth in this rule as if initiated by any other individual, including but not limited to submitting the complaint to the appointing authority.

(7) After an allegation has been received or has been initiated by the director, the director, in consultation with the case status committee and contested case counsel for POST, will determine whether to dismiss the allegation, or open a preliminary investigation and correspond with the respondent in writing.

(a) All such correspondence must be copied to the appointing authority, unless the exception noted in (3) applies.

(b) The policy provided in (1), will outline the number and nature of these letters.

(c) The purpose of this correspondence is to allow the officer to respond to the allegation, allow the Case Status Committee, the director, and contested case counsel to gather more information, and allow the parties to reach an informal resolution.

(8) After an allegation is made by or filed with the director, and upon a majority vote of the case status committee, the director, contested case counsel for POST, or other POST staff or designees will conduct a preliminary investigation of the complaint.

(9) Following the review and preliminary investigation of an allegation, communication with the respondent, communication with the appointing authority, and consultation with counsel for POST, and based upon a majority vote of the case status committee, the director may take any appropriate action, including but not limited to the following:

(a) engage in informal negotiations and settlement discussions and enter into a stipulation or memorandum of understanding with the officer or the officer's counsel, or otherwise informally resolve the complaint. An informal resolution reached before the MAPA contested case hearing stage under this subsection is not subject to approval by the council, but must be approved by a majority vote of the Case Status Committee;

(b) accept the voluntary surrender of a certificate;

(i) No finding: The investigation cannot proceed for reasons that include but are not limited to: the complainant failed to disclose promised information to further the investigation; the complainant wishes to withdraw the complaint; or the complainant is no longer available for clarification. This finding may also be used when the information provided is not sufficient to determine the identity of the officer(s) involved.

(ii) Not sustained: POST's review or investigation failed to discover sufficient evidence to prove or disprove the allegations.

(iii) Sustained: POST's review or investigation disclosed a preponderance of evidence to prove the allegation(s).

(iv) Unfounded: POST's review or investigation disclosed that the complainant made a false allegation, the subject of the complaint was not involved in the incident, or the incident did not occur.

(v) Exonerated: POST's review or investigation disclosed that the incident occurred, but the subject of the complaint acted lawfully and in a manner consistent with the agency's policy and procedures.

(d) issue the appropriate denial, sanction, suspension, or revocation of a certificate upon a majority vote of the Case Status Committee;

(e) if a denial, sanction, suspension, or revocation is imposed, the director must provide a notice of agency action in writing to the officer, satisfying the notice required by 2-4-601, MCA. Such notice must be mailed to the officer's last known mailing address, unless the officer consents to receiving email notification;

(f) the officer may request contested case proceedings pursuant to 44-4-403, MCA and MAPA, as outlined in ARM 23.13.704.

(10) If a review of the conduct of an officer is pending before any court, council, tribunal, or agency, the director may, as a matter of discretion, stay any proceedings for denial, sanction, suspension, or revocation pending before the council, no matter what stage or process they have reached, until the other investigation or proceeding is concluded. If the case has already been assigned to a hearing examiner, the hearing examiner must grant a stay based on an application by the director or counsel for POST. The director will notify the case status committee of the stay as soon as practicable.

(11) In all cases in which a written allegation is submitted which does not culminate in a MAPA contested case hearing, the director must file a written report in the officer's POST file setting forth the circumstances and resolution of the case. All written correspondence with the officer and the officer's appointing authority must also be maintained in the officer's POST file.

History

Authorizing statute(s): 2-4-201, 2-15-2029, MCA
Implementing statute(s): 2-4-201, 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2020 MAR p. 580, Eff. 3/28/20; AMD, 2021 MAR p. 616, Eff. 5/29/21; AMD, 2022 MAR p. 1835, Eff. 9/24/22; AMD, 2024 MAR p. 607, Eff. 3/23/24; AMD, 2026 MAR, Notice No. 2025-413, Eff. 2/7/26.

Mont. Admin. R. 23.13.704 Requests for a Formal Contested Case Hearing Under Mapa

(1) If the director, upon a majority vote of the Case Status Committee, denies, sanctions, suspends, or revokes an officer's POST certification pursuant to ARM 23.13.703 and the officer receives a notice of agency action, then the officer has the right to request a formal contested case proceeding under MAPA, to include a hearing, pursuant to 44-4-403, MCA.

(a) The proceedings and hearing can only be initiated by a written request from the officer whose certificate was denied, sanctioned, suspended, or revoked, or the officer's attorney, and not by any other person or entity.

(b) To request a hearing, the officer must follow the instructions contained in the "notice of agency action" and notify the appropriate individual or the director that the officer requests a hearing within 30 days of the date of the notice of agency action. A hearing request must identify by paragraph number the specific factual allegations or law in the notice of agency action with which the respondent disagrees. It may also include a response to the allegations set forth in the notice of agency action.

(c) Failure to notify and request a hearing within 30 days of the date of the notice of agency action will constitute a waiver of the right to a hearing, and the notice of agency action will become the final agency decision.

(2) Any public safety officer or appointing authority aggrieved by a decision of the director, other than a decision by the director to deny, sanction, suspend, or revoke a certificate, that is not a final decision following a contested case hearing, as provided in 2-4-623, MCA, may request the director's decision be placed on the agenda for consideration by the council at the council's next regularly scheduled meeting.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-4-201, 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2022 MAR p. 1835, Eff. 9/24/22; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.705 Formal Mapa Contested Case Proceedings

(1) A contested case involves a determination by POST that affects the rights or responsibilities of the petitioner or respondent.

(2) Contested case proceedings may be commenced only after the requirements of ARM 23.13.704 have been met and an officer has requested a hearing.

(3) Contested case proceedings before the council are subject to MAPA, in addition to, where applicable, the Montana Rules of Civil Procedure, the Montana Uniform District Court Rules, the Montana Rules of Evidence, the Montana Rules of Professional Conduct, the Montana Code of Judicial Conduct, and these rules.

(4) In cases under ARM 23.13.704, the respondent's failure to respond, appear, or otherwise defend a notice of agency action of which the respondent has had notice, may result in the hearing examiner finding the officer in default and entering an order against the officer containing findings of fact, conclusions of law, and an opinion in accordance with MAPA, Montana Rules of Civil Procedure, and any other rule of law applicable.

(5) A party may be self-represented, or may, at the party's own expense, be represented by an attorney licensed to practice law in the state of Montana.

(6) In cases under ARM 23.13.704, contested case counsel for POST will represent the director during the proceedings.

History

Authorizing statute(s): 2-4-201, 2-15-2029, MCA
Implementing statute(s): 2-4-201, Title 2, ch. 4, pt. 6, 2-15-2029, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.706 Contested Cases, Emergency Suspension of a License

(1) Pursuant to 2-4-631(3), MCA, if the director or the council determines that public health, safety, or welfare requires emergency action, the director or council may immediately suspend a certification. The order must include findings justifying emergency action, and regular proceedings must be promptly initiated. If the director takes emergency action to suspend a certification, the director will inform the case status committee as soon as practicable and will take further action based upon a majority vote of the committee.

History

Authorizing statute(s): 2-4-201, 2-15-2029, MCA
Implementing statute(s): 2-4-631, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2022 MAR p. 1835, Eff. 9/24/22.

Mont. Admin. R. 23.13.707 Adoption of Attorney General's Model Rules

(1) The POST Council adopts and incorporates by reference the Attorney General Model Rules ARM 1.3.216, 1.3.226, 1.3.227, 1.3.228, 1.3.229, 1.3.230, and 1.3.232 in effect. The model rules incorporated by reference can be found on the Secretary of State's web site at http://sos.mt.gov/ . In applying the model rules, references to "the agency" should be interpreted to refer to "the POST Council."

History

Authorizing statute(s): 2-4-201, 2-15-2029, MCA
Implementing statute(s): 2-4-201, 2-4-202, Title 2, ch. 4, pt. 6, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14.

Mont. Admin. R. 23.13.709 Contested Cases, Discovery

(1) In all contested cases, discovery is available to the parties in accordance with Rules 26 through 37 of the Montana Rules of Civil Procedure. All references to "court" will be considered references to the hearing examiner or POST Council; all references to subpoena power will be considered references to ARM 1.3.230; all references to "trial" will be considered references to "hearing"; all references to "plaintiff" will be considered references to "a party"; all references to "clerk of court" will be considered references to the hearing examiner.

(2) If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the hearing examiner, the adversely affected party may seek enforcement in district court under 2-4-701, MCA.

(3) If either party seeking discovery believes it has been prejudiced by a protective order issued by the hearing examiner under Rule 26(c), M.R.Civ.P., or, if either party refuses to make discovery, the aggrieved party may petition the district court for review of the hearing examiner's action under 2-4-701, MCA.

(4) Severe failures of discovery may also be sanctioned pursuant to M.R.Civ.P. 37 and the case law interpreting it. Sanctions under this subsection may be enforced by or appealed to district court pursuant to 2-4-701, MCA.

History

Authorizing statute(s): 2-4-201, 2-15-2029, MCA
Implementing statute(s): 2-4-104, 2-4-602, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14.

Mont. Admin. R. 23.13.711 Contested Cases, Record

(1) The hearing examiner in the contested case proceeding is responsible for maintaining the official record of the contested case until its conclusion. The record must include:

(a) all pleadings, motions, and rulings;

(b) all evidence, either written or oral, received, or considered by the presiding officer;

(d) questions and offers of proof, objections, and rulings on objections;

(e) proposed findings and exceptions; and

(f) any decision, opinion, or report, and any proposed findings of fact, conclusions of law, and proposed order, entered by the hearing examiner, which must be in writing.

(2) The hearing examiner must number the docket and maintain it like the docket of a court of record.

(3) At the request of any party, all or part of the hearing proceedings must be transcribed. The cost of transcription is the responsibility of the requesting party.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-4-201, 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14.

Mont. Admin. R. 23.13.713 Contested Cases – Hearing Examiners

(1) The POST Council chair, the director, or the director's designee may appoint a hearing examiner to conduct a hearing in a contested case, as allowed by 2-4-611, MCA.

(2) A hearing examiner appointed under 2-4-611, MCA and this rule may:

(a) administer oaths or affirmations;

(b) issue subpoenas;

(d) set the time and place for hearing;

(e) set motion and briefing schedules that comport with the Montana Rules of Civil Procedure and the Montana Uniform District Court Rules for filing, service, deadlines, and time calculation;

(f) by mutual consent of the parties, hold conferences to consider narrowing or simplifying the issues;

(g) rule on summary judgment motions, motions in limine, and other motions and, if motions are dispositive, make recommendations to the POST Council as if a hearing on the merits had occurred;

(h) allow, disallow, or limit expert testimony;

(i) recommend to the council dismissal of the case based on M.R.Civ.P. 41, default, or other reason;

(j) provide for and conduct the MAPA contested case process as a matter of discretion, within the bounds of the applicable law.

(3) If a hearing examiner is appointed in a contested case proceeding, notice must be provided to the public safety officer with the notice of agency action or immediately after the officer requests a hearing pursuant to 44-4-403, MCA.

(4) Pursuant to 2-4-611, MCA, the POST Council may disqualify a hearing examiner if a party shows by affidavit the existence of personal bias, lack of independence, disqualification by law, or other ground for disqualification.

(5) If a hearing examiner is disqualified or recuses himself or herself for good cause, the director, the director's designee, or the POST Council chair may appoint a replacement.

(6) For guidance on the POST Council's past actions on cases and penalties imposed, a hearing examiner may inspect POST's integrity report, available on POST's web site or from POST staff, and may examine any POST file not containing privileged, ex parte, or other protected or constitutionally private material.

History

Authorizing statute(s): 2-4-201, 2-15-2029, MCA
Implementing statute(s): 2-4-201, 2-4-202, 2-4-611, 2-4-612, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.714 Contested Case Hearing

(1) The contested case hearing will be conducted before the POST Council or a hearing examiner, at the council's discretion.

(2) The hearing will be held in Helena, Montana, unless the director determines that another venue is more appropriate.

(3) The hearing examiner must ensure that the petitioner or respondent and counsel for POST are afforded the opportunity to respond and present evidence and argument on all issues involved.

(4) All testimony must be given under oath or affirmation.

(5) Exhibits must be marked and must identify the party offering the exhibits. The exhibits will be preserved by the hearing examiner and then by POST as part of the record of the proceedings.

(6) The hearing examiner may hear closing arguments, request written argument, order a schedule for parties to submit a prehearing memorandum, a final prehearing order, proposed findings of fact and conclusions of law, or any other writings that might assist the hearing examiner.

(7) The hearing examiner may grant recesses or continue the hearing.

(8) At the contested case hearing under ARM 23.13.704:

(a) POST has the burden of proving by a preponderance of the evidence that there was good cause for the denial, sanction, suspension, or revocation of certification imposed by the director, and based upon a majority vote of the Case Status Committee, as stated in the notice of agency action;

(b) the director will be represented by contested case counsel during the contested case process; and

(c) absent a determination by the hearing examiner that the interests of justice require otherwise, the order of hearing is as follows:

(i) opening statements by both parties;

(ii) presentation of evidence by POST;

(iii) cross examination by the respondent;

(iv) presentation of evidence by the respondent;

(v) cross examination by POST; and

(vi) rebuttal testimony.

History

Authorizing statute(s): 2-4-201, 2-15-2029, MCA
Implementing statute(s): 2-4-201, 2-4-202, 2-4-611, 2-4-612, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.715 Contested Cases, Evidence

(1) All evidence introduced in a contested case hearing will be received and evaluated in conformance with common law and statutory rules of evidence, including the Montana Rules of Evidence.

History

Authorizing statute(s): 2-4-201, 2-15-2029, MCA
Implementing statute(s): 2-4-611, 2-4-612, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14.

Mont. Admin. R. 23.13.716 Contested Cases, Ex Parte Communications

(1) Except as provided in (4), pursuant to 2-4-613, MCA, ex parte communication by a party or a party's agent with the hearing examiner, the council, any individual member of the council, or any person authorized to participate in the decision of the contested case, is expressly prohibited unless otherwise authorized by law.

(2) An unauthorized ex parte communication may be treated as a default and may constitute a waiver of the party's rights to proceed.

(3) If an ex parte contact occurs, the person receiving the communication must state on the record the nature and content of the communication and a summary of its contents. The presiding officer or hearing examiner may, in the exercise of discretion, make any order that is appropriate.

(4) The following council members may have ex parte contact:

(a) current members of the Case Status Committee; and

(b) former members of the Case Status Committee who participated in decision-making concerning the contested case; and

(c) any council member who is a material witness in the contested case. If a council member acts as a material witness, that member may not participate in the council's deliberation or decision in the contested case.

History

Authorizing statute(s): 2-4-201, 2-15-2029, MCA
Implementing statute(s): 2-4-201, 2-4-202, 2-4-613, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.719 Decision and Order, Stays

(1) After completing a contested case proceeding, the hearing examiner shall, within 45 days of the hearing, or completion of post-hearing briefing, issue findings of fact and conclusions of law that would, if adopted by the council, meet the requirements of 2-4-623, MCA.

(2) The council shall receive briefs and hear oral arguments at a regularly scheduled meeting and deliberate pursuant to 2-4-621, MCA. For the period between the submission of the hearing examiner's decision and oral argument before the council, the council chair will appoint general counsel to the council or another individual to act as a special master for purposes of resolving any issue arising before the council hears argument.

(3) Within 15 days after the hearing examiner has issued findings, conclusions, and a proposed decision, the council chair will appoint the special master. Within 21 days after written notice of the appointment of a special master, an adversely affected party may submit exceptions to the hearing examiner's decision. The party filing the exceptions must incorporate a supporting brief in the document stating the exceptions. The opposing party may file a brief in response to the exceptions within 21 days. No reply brief will be received.

(4) Unless a different argument order is set by the special master for good cause, the order of oral argument is as follows:

(a) argument by the aggrieved party;

(b) argument by the opposing party;

(d) final statements or rebuttal by the opposing party; and

(e) deliberations by the council, which may include questions of the parties by the council.

(5) A minimum of six available council members must be present to issue a decision. If six available council members are not present, the council will reset the oral argument for its next regularly scheduled meeting or set a special meeting to hear argument.

(6) After deliberating, the council will decide, by majority vote, to adopt, reject, or modify the hearing examiner's findings and recommendation. The council will issue a decision and order pursuant to 2-4-623, MCA, and mail a copy of this decision to the respondent or the respondent's legal representative.

(7) If a party has filed exceptions to the decision of the hearing examiner, the contested case is not considered to be submitted for decision under 2-4-623, MCA, until oral arguments are concluded before the council.

(8) If a certificate was denied, revoked or suspended by the director, based upon a majority vote of the Case Status Committee, before the hearing, the certificate will remain denied, revoked or suspended pending the outcome of the contested case proceeding and the respondent must surrender the certificate(s) to the council and forfeit the position, authority, and powers afforded the officer in this state while the contested case proceeds. However, the hearing examiner, before the contested case hearing, or the special master designated in (3), after the hearing, may, upon a properly supported motion that affords POST adequate opportunity to respond, stay the denial, suspension or revocation for good cause shown.

(9) Case status committee members may not participate in deliberations or any decision of the full council regarding the denial, revocation, or suspension of an officer's POST certification, unless the committee member did not participate in the committee's decisions on the matter and did not participate in committee meetings at which the matter was discussed.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, from 23.13.710, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2022 MAR p. 1835, Eff. 9/24/22; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.720 Contested Cases, Settlement or Stipulation and Process for Review by the Post Council

(1) If, in the course of the MAPA contested case proceeding, the parties reach a stipulated agreement or settlement, the parties must:

(a) put the agreement into writing, signed by the petitioner or respondent, as applicable, and the director;

(b) present the agreement to the POST Council for acceptance or rejection:

(i) if the council accepts the agreement by motion, then the agreement becomes the POST Council's final agency action;

(ii) if the council rejects the agreement, then the parties must provide the hearing examiner with an excerpt of the official record of the POST meeting in which the council rejected the agreement. The contested case proceeds as though there had been no agreement.

(2) By signing a stipulation or settlement agreement, all parties:

(a) indicate their understanding that all agreements reached during the contested case process are subject to the POST Council's approval and are not binding until the council has approved the agreement by seconded motion;

(b) waive their rights or privileges to raise any argument, objection, complaint, or attempt to disqualify or remove any POST Council member or hearing examiner based on that individual's having heard, discussed, or ruled on the agreement. By submitting an agreement to the hearing examiner and the council, all parties agree not to attempt to disqualify that hearing examiner or any member of the POST Council who considers the agreement or prevent them from ultimately hearing the case on the merits if the agreement is rejected.

History

Authorizing statute(s): 2-4-201, 2-15-2029, MCA
Implementing statute(s): 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.721 Appeals

(1) The final POST Council decision rendered after a contested case proceeding is the final agency decision subject to judicial review pursuant to 2-4-702 and 44-4-403, MCA.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-4-201, 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, from 23.13.712, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2022 MAR p. 1835, Eff. 9/24/22; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Subchapter 23.13.8 Appointment and Employment Standards

Mont. Admin. R. 23.13.801 Minimum Standards for the Appointment and Continued Employment of Public Safety Officers

(1) All public safety officers must be certified by POST and meet the applicable appointment, employment, education, and certification standards as prescribed by the Montana Code Annotated.

(2) In addition to standards set forth in the Montana Code Annotated, including but not limited to 44-4-404, MCA, all public safety officers must:

(a) be a citizen of the United States if the officer is a peace officer or a public safety communications officer; or

(b) be a citizen of the United States or a lawful permanent resident if the officer is not a peace officer or public safety communications officer;

(d) be fingerprinted and a search made of the local, state, and national fingerprint files to disclose any criminal record;

(e) not have been convicted of a crime for which they could have been imprisoned in a federal or state penitentiary or a crime involving unlawful sexual conduct;

(f) be of good moral character as determined by a thorough background check;

(g) be a high school graduate or have been issued an equivalency certificate by the Superintendent of Public Instruction, or by an appropriate issuing agency of another state or of the federal government;

(h) successfully complete an oral interview conducted by the appointing authority or its designated representative;

(i) be in good standing with POST and any other licensing or certification boards or committees equivalent to POST in any other state such that no license or certification similar to a POST certification has been revoked or is currently suspended in any other state;

(j) possess a valid driver's license if driving a vehicle will be part of the officer's duties;

(k) abide by the code of ethics contained in ARM 23.13.803; and

(l) complete, within every two calendar years, 20 hours of documented agency in-service, roll call, field training, or POST-approved continuing education training credits, which include but are not limited to a professional ethics curriculum covering the following topics and any additional topics required by the council:

(i) a review of the code of ethics ARM 23.13.803 and Grounds for Denial, Sanction, Suspension, and Revocation ARM 23.13.702;

(ii) review of the current POST integrity report;

(iii) discussion involving core values of each appointing authority which may include integrity, honesty, empathy, sympathy, bravery, justice, hard work, kindness, compassion, and critical thinking skills;

(iv) review of agency policy and procedure regarding ethical and moral codes of conduct;

(v) discussion of the similarities and differences between agency and POST consequences for actions that violate policy or rule.

(3) Every public safety communications officer, as a part of the training required in (2)(l), must complete, every two calendar years, a telephone cardiopulmonary resuscitation (TCPR) course. The required TCPR training shall follow evidence-based, nationally recognized guidelines for high-quality TCPR that incorporate recognition protocols for out-of-hospital cardiac arrest (OHCA) and continuous education. The training must cover a minimum of the following topics:

(a) anatomy and physiology of the circulatory and cardiovascular systems;

(b) relationship between circulatory, respiratory, and nervous systems;

(d) signs of life recognition;

(e) early recognition of the need for CPR;

(f) agonal respirations;

(g) hypoxic seizures and sudden cardiac arrest;

(h) pathophysiology of sudden cardiac death/cardiac arrest;

(i) the role of TCPR in cardiac arrest survival;

(j) the importance of minimizing disruptions when TCPR is in progress;

(k) physiology behind the performance of the instructions;

(l) automated external defibrillators and the role they play in resuscitation;

(m) explanation, with practical training exercises, for different TCPR instructions, including: adult, child, infant, neonate, pregnant patients, obese patients, and stoma patients;

(n) critical incident stress management; and

(o) unusual circumstances posing challenges to the delivery of TCPR instructions, such as: patients with do-not-resuscitate orders or physician orders for life-sustaining treatment, patients on ventilators, post-operation patients, patients obviously dead on arrival, electrocution, drowning, strangulation, two-rescuers ventilations, and cardiac arrest from trauma.

(4) The POST Council is not responsible for maintaining records of continuing education hours acquired to satisfy the requirements of (2)(l) and (3). The appointing authority must maintain records of the continuing education hours acquired to satisfy (2)(l) and (3). Agency records maintained under this rule are subject to audit by the executive director during normal business hours upon reasonable notice to the agency.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2021 MAR p. 616, Eff. 5/29/21; TRANS, from 23.13.201, 2023 MAR p. 1610, Eff. 11/18/23; AMD, 2024 MAR p. 607, Eff. 3/23/24; AMD, 2025 MAR, Notice No. 23-13-284, Eff. 1/11/25; AMD, 2025 MAR, Notice No. 2025-113, Eff. 8/9/25.

Mont. Admin. R. 23.13.803 Code of Ethics

(1) All public safety officers who have been appointed by any appointing authority in Montana, or who have been certified by POST, or who have attended a POST-approved basic class must abide by the code of ethics contained herein.

(2) All public safety officers hired or sworn before this rule's effective date are also bound by the code of ethics contained in this rule. Continued service as a public safety officer in Montana constitutes an agreement to be bound by this code of ethics. Failure to comply with or violation of any part of the code of ethics may be grounds for denial, suspension, sanction, or revocation of any POST certificate.

(3) The public safety officers' code of ethics is:

(a) "My fundamental responsibility as a public safety officer is to serve the community, safeguard lives and property, protect the innocent, keep the peace, and ensure the constitutional rights of all are not abridged;

(b) "I will perform all duties impartially, without favor or ill will and without regard to status, sex, race, religion, creed, political belief or aspiration. I will treat all citizens equally and with courtesy, consideration, and dignity. I will never allow personal feelings, animosities, or friendships to influence my official conduct;

(d) "I will never employ unnecessary force or violence, and will use only such force in the discharge of my duties as is objectively reasonable in all circumstances. I will refrain from applying unnecessary infliction of pain or suffering and will never engage in cruel, degrading, or inhuman treatment of any person;

(e) "Whatever I see, hear, or learn, which is of a confidential nature, I will keep in confidence unless the performance of duty or legal provision requires otherwise;

(f) "I will not engage in nor will I condone any acts of corruption, bribery, or criminal activity; and will disclose to the appropriate authorities all such acts. I will refuse to accept any gifts, favors, gratuities, or promises that could be interpreted as favor or cause me to refrain from performing my official duties;

(g) "I will strive to work in unison with all legally authorized agencies and their representatives in the pursuit of justice;

(h) "I will be responsible for my professional development and will take reasonable steps to improve my level of knowledge and competence;

(i) "I will at all times ensure that my character and conduct is admirable and will not bring discredit to my community, my agency, or my chosen profession."

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 7-32-303, 44-4-403, MCA
History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; TRANS, from 23.13.203, 2023 MAR p. 1610, Eff. 11/18/23; AMD, 2024 MAR p. 607, Eff. 3/23/24; AMD, 2026 MAR, Notice No. 2025-413, Eff. 2/7/26.

Mont. Admin. R. 23.13.804 Appointment and Training of Reserve Officers

(1) An agency that appoints a reserve officer pursuant to 7-32-213, MCA, must submit a completed notice of appointment form to the director within ten days of appointing the reserve officer. Within ten days of a reserve officer's termination, the appointing authority must submit a completed notice of termination form to the director.

(2) The appointing authority is responsible for training the reserve officer. The reserve officer must complete a minimum of the training prescribed in 7-32-214, MCA, within two years of the reserve officer's initial appointment, unless the reserve officer was or is a Montana peace officer who has attended the law enforcement officer basic academy at MLEA.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 7-32-214, 44-4-401, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; TRANS, from 23.13.214, 2023 MAR p. 1610, Eff. 11/18/23; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Mont. Admin. R. 23.13.805 Firearms Proficiency Standards for Appointment and Continued Service

(1) Each agency that appoints a public safety officer who is authorized to carry firearms during the work assignment must:

(a) require the officer to complete successfully the firearms proficiency requirements provided in this rule at least once a year, for any manufacture and model of firearm customarily carried by that officer while the officer is on duty;

(b) designate an employee of a public safety agency, who is operating within the employee’s official capacity, to act as the agency’s firearms instructor to conduct or oversee and document annual firearms proficiency. The instructor need not be a POST-certified instructor but must have attended a minimum 40-hour POST-approved firearms instructor course or its equivalent, which includes the following topics:

(i) firearms safety;

(ii) role of the instructor;

(iii) civil and criminal liability exposure;

(iv) instructional techniques for firearms instructors;

(v) operation of the firing line;

(vi) range preparation;

(vii) handgun;

(viii) disabled officer techniques; and

(ix) low light shooting techniques.

(c) keep on file in a format readily accessible to the council a copy of all firearms proficiency records, which must include:

(i) date of qualification;

(ii) identification of the officer;

(iii) firearm manufacture and model;

(iv) results of qualifying; and

(v) course of fire used.

(2) The minimum standards for annual firearms proficiency are:

(a) Primary duty handgun – a minimum of 30 rounds, fired at ranges from point-blank to 15 yards with a minimum of 15 rounds at or beyond seven yards;

(b) Shotgun – minimum of five rounds fired at a distance ranging from point-blank to 25 yards;

(d) Patrol rifle – a minimum of 20 rounds fired at a distance ranging from point-blank to 50 yards;

(e) Fully automatic weapon – a minimum of 30 rounds fired at a distance ranging from point-blank to ten yards, with a minimum of 25 rounds fired in full automatic (short bursts of two or three rounds), and a minimum of five rounds fired semi-automatic; and

(f) Secondary or backup handgun – a minimum of 12 rounds fired at a distance ranging from point blank to at or beyond seven yards, which includes a minimum of six rounds fired at or beyond seven yards.

(3) The minimum passing score for annual firearms proficiency is 80% for each firearm on an IPSC Official Target or dimensional equivalent.

(4) The MLEA sets the passing score for the Montana Law Enforcement Basic Firearms Qualification.

(5) Before carrying a firearm or making an arrest, a misdemeanor probation/pretrial services officer must successfully complete the firearms proficiency requirements provided in this rule.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 2-15-2029, 7-32-303, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; AMD, 2020 MAR p. 580, Eff. 3/28/20; AMD, 2021 MAR p. 616, Eff. 5/29/21; AMD, 2023 MAR p. 479, Eff. 5/27/23; TRANS, from 23.13.215, 2023 MAR p. 1610, Eff. 11/18/23; AMD, 2024 MAR p. 607, Eff. 3/23/24; AMD, Notice No. 2025-3, Eff. 3/29/25.

Mont. Admin. R. 23.13.806 Public Safety Officer Appointment, Education, and Certification Standards

(1) Except as provided in (2), the basic and basic equivalency training standards set forth in 7-32-303, MCA, are applicable to all public safety officers, where an appropriate basic course or basic equivalency course exists in the public safety officer's field.

(2) The standards set forth in (1) do not apply to reserve officers.

(3) A public safety officer's appointing authority must provide written notice to POST within 10 days of the appointment, termination, resignation, or death of the public safety officer.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 7-32-303, 44-4-403, MCA
History: NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2021 MAR p. 616, Eff. 5/29/21; TRANS, from 23.13.216, 2023 MAR p. 1610, Eff. 11/18/23; AMD, 2024 MAR p. 607, Eff. 3/23/24; AMD, 2026 MAR, Notice No. 2025-413, Eff. 2/7/26.

Mont. Admin. R. 23.13.807 Requirements for Swat Primary Course Credit

(1) To receive POST approval for a SWAT primary course, a course must meet the following requirements:

(a) the course must be a minimum of 40 hours in length and be approved pursuant to ARM 23.13.301 and 23.13.304 and must contain a minimum of the following:

(i) team communication, team make-up;

(ii) confrontation management to include preplanning, immediate action, planning, execution, post execution;

(iii) weapons, munitions, and equipment to include safe weapon manipulation, close quarter defense, crisis negotiations, intelligence gathering/ground reconnaissance, preplanning tactics, walk through, breaching techniques;

(iv) team movement and interior tactics to include approach, position, entry, search, static, dynamic, halls, stairs;

(v) open air/mobile assault, downed officer citizen rescue, chemical agents/diversionary device/less lethal, practical exercises, and legal issues.

(2) The director or the director's designee will review applications and approve or reject POST credit pursuant to these rules, unless the director determines, as a matter of discretion, that the council's review is necessary due to extenuating circumstances.

(3) Upon approval by the director or the director's designee, the course will be reflected on the attending officers' POST training transcripts unless the council takes further action.

History

Authorizing statute(s): 2-15-2029, MCA
Implementing statute(s): 44-4-403, MCA
History: NEW, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2018 MAR p. 2518, Eff. 12/22/18; TRANS, from 23.13.217, 2023 MAR p. 1610, Eff. 11/18/23; AMD, 2024 MAR p. 607, Eff. 3/23/24.

Chapter 23.14 Board of Crime Control

Subchapter 23.14.1 Organizational Description

Mont. Admin. R. 23.14.102 Board of Crime Control Functions

(1) The board is comprised of members engaged in, affiliated with, or related to law enforcement, public safety and criminal justice in the state of Montana.

(2) The board functions through an executive director and staff who are responsible for directing and supervising the budgeting, recordkeeping, reporting, and related administrative and clerical functions of the agency.

(3) It is the responsibility of the board to administer the provisions of the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90-351), as amended by the Victims of Crime Assistance Act and the Drug Free Schools and Communities Act. Under these provisions, the board may:

(a) develop a comprehensive statewide plan defining needs and problems and outlining priorities for the improvement of the criminal and juvenile justice system throughout the state.

(b) develop and coordinate police, courts and corrections programs and projects for the state and units of general local government.

(c) be responsible for administering planning grants in the funding and implementation of state and local justice programs.

(4) The board's organizational chart which follows is also a portion of this rule.

(5) Information regarding justice planning and grant administration may be obtained by contacting the board's office at 5 South Last Chance Gulch, P.O. Box 201408, Helena, Montana 59620-1408, telephone (406) 444-3604, or fax (406) 444-4722.

Official policy figure

Montana Board of Crime Control is administratively attached to the Department of Justice.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; AMD, 2008 MAR p. 1588, Eff. 8/1/08; AMD, 2012 MAR p. 615, Eff. 3/23/12; TRANS, from ARM 23.14.101, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.101, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Subchapter 23.14.2 Appeal Procedure

Mont. Admin. R. 23.14.204 Request to Review

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; REP, 2012 MAR p. 615, Eff. 3/23/12.

Mont. Admin. R. 23.14.205 Hearing

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; REP, 2012 MAR p. 615, Eff. 3/23/12.

Mont. Admin. R. 23.14.206 Final Determination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; REP, 2012 MAR p. 615, Eff. 3/23/12.

Mont. Admin. R. 23.14.207 Executive Appeal

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: Eff. 12/31/72; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.208 Incorporation of Model Rules

(1) The board adopts the model procedural rules ARM 1.3.201 through 1.3.313 and incorporates herein those rules by reference.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 5/1/75; AMD, 1992 MAR p. 567, Eff. 3/27/92; AMD, 2012 MAR p. 615, Eff. 3/23/12; TRANS, from ARM 23.14.201, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.201, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.209 Maintenance of Policy and Procedure Manual for Internal Management

(1) The policies and procedures which are adopted by the board for its internal management and which do not affect private rights shall be maintained in a "policy and procedure manual" which shall be available to the public at the office of the board.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 5/1/75; AMD, 1992 MAR p. 567, Eff. 3/27/92; TRANS, from ARM 23.14.202, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.202, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.210 Applications for Financial Assistance

(1) The subgrant requests or applications for financial assistance are not "contested cases" within the meaning of 2-4-101, MCA, and accordingly are not subject to the provisions of the Montana Administrative Procedure Act.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1903, MCA
History: NEW, 5/1/75; AMD, 1992 MAR p. 567, Eff. 3/27/92; AMD, 2012 MAR p. 615, Eff. 3/23/12; TRANS, from ARM 23.14.203, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.203, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Subchapter 23.14.3 Program Requirements

Mont. Admin. R. 23.14.307 Drug Abuse Resistance Education (dare) Trust Fund (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 44-2-702 MCA
Implementing statute(s): Sec. 44-2-702, 44-2-704 MCA
History: NEW, 1993 MAR p. 12, Eff. 1/15/93; REP, 1996 MAR p. 2984, Eff. 11/8/96.

Mont. Admin. R. 23.14.308 Matching Ratios

(1) Prescribed ratios of federal participation in funding of programs are dependent upon the type of program or project and shall be announced in any solicitation for subgrant applications.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1904, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; TRANS, from ARM 23.14.301, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.301, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.309 Matching Requirements

(1) Matching funds must be "hard match" (cash) unless otherwise specified by federal regulation.

(2) Federal funds and income earned by the project are not allowed to be used as match except in the case of anti-drug abuse forfeitures.

(3) Matching funds need not be expended concurrently with federal funds, but must be expended prior to the closure of the subgrant.

(4) In-kind, or "soft match" services must relate directly to the project described in the application. Records of in-kind services must be kept by the applicant agency as required by law.

(5) If an entity other than the applicant agency is to contribute the local matching portion, a document of intent from said agency must accompany the application.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1904, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; AMD, 2012 MAR p. 615, Eff. 3/23/12; TRANS, from ARM 23.14.302, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.302, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.310 Budget Requirements

(1) Expenses that are unallowable under federal law are described in federal guidelines such as the Office of Justice Programs Financial Guide. An announcement for solicitation of subgrant applications will describe such expenses for applicants.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1903, 41-5-1904, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; AMD, 2012 MAR p. 615, Eff. 3/23/12; TRANS, from ARM 23.14.303, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.303, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.311 General Requirements

(1) Requests for federal funds made after indebtedness has been incurred by the applicant agency will be denied.

(2) Federal funds are not assured until an award letter signed by a representative of the board has been received by the applicant agency. The signed award letter, returned to the board, constitutes a binding contract between the applicant agency and the board, contingent upon availability of federal funds.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1903, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; AMD, 2012 MAR p. 615, Eff. 3/23/12; TRANS, from ARM 23.14.304, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.304, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.312 Applicants Agreement

(1) Any grant received by an applicant shall be subject to the grant conditions and other policies, regulations and rules issued by the U.S. Department of Justice, U.S. Department of Education or other federal grantor agency, for the administration of grant projects, including, but not limited to, the following:

(a) funds awarded are to be expended only for the purposes and activities covered by the applicant's approved plan and budget;

(b) all applications are subject to federal and state laws, regulations, and policies;

(c) appropriate grant records and accounts will be maintained and made available for audit as prescribed by the U.S. Department of Justice, U.S. Department of Education, or other federal grantor agency; and

(d) reports from subgrantees are due as prescribed by the board. The board may cancel any award to a subgrantee if such reports are twice delinquent.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1907, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; AMD, 2012 MAR p. 615, Eff. 3/23/12; TRANS, from ARM 23.14.305, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.305, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.313 Nonsupplanting Requirement

(1) Funds normally devoted to programs and activities designed to meet the needs of criminal justice will not be diminished in any way as a result of a grant award of federal funds.

(2) The project for which assistance is being requested must be in addition to, and not a substitute for, criminal justice services previously provided without federal assistance.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1907, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; TRANS, from ARM 23.14.306, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.306, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Subchapter 23.14.4 Peace Officers Standards and Training

Mont. Admin. R. 23.14.401 Administration of Peace Officers Standards and Training

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-32-303, 44-4-301, MCA
History: NEW, Eff. 12/5/73; AMD, 1984 MAR p. 880, Eff. 6/1/84; AMD, 1989 MAR p. 2064, Eff. 12/8/89; AMD, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1996 MAR p. 2984, Eff. 11/8/96; AMD, 1999 MAR p. 2284, Eff. 10/8/99; AMD, 2002 MAR p. 2314, Eff. 8/30/02; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.402 Minimum Standards for the Employment of Peace Officers

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-32-303, 7-32-4112, MCA
History: NEW, Eff. 12/5/73; AMD, Eff. 5/1/75; AMD, 1981 MAR p. 1903, Eff. 12/31/81; AMD, 1984 MAR p. 880, Eff. 6/1/84; AMD, 1992 MAR p. 802, Eff. 4/17/92; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.403 Requirements for Peace Officers Hired Before and After the Effective Date of This Regulation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, 7-32-303, MCA
History: NEW, Eff. 12/5/73; AMD, 1984 MAR p. 880, Eff. 6/1/84; AMD, 1992 MAR p. 802, Eff. 4/17/92; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.404 General Requirements for Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, 44-11-301 through 44-11-305, MCA
History: NEW, Eff. 12/5/73; AMD, 1989 MAR p. 2065, Eff. 12/8/89; AMD, 1992 MAR p. 802, Eff. 4/17/92; AMD, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 2002 MAR p. 3045, Eff. 8/30/02; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.405 Requirements for the Basic Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-32-303, 44-4-301, 44-11-301 through 44-11-305, MCA
History: NEW, Eff. 12/5/73; AMD, 1978 MAR p. 720, Eff. 5/26/78; AMD, 1989 MAR p. 2065, Eff. 12/8/89; AMD, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1996 MAR p. 556, Eff. 2/23/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.406 Requirements for the Intermediate Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, Eff. 12/5/73; AMD, 1978 MAR p. 720, Eff. 5/26/78; AMD, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.407 Requirements for the Advanced Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, Eff. 12/5/73; AMD, 1978 MAR p. 720, Eff. 5/26/78; AMD, 1986 MAR p. 1023, Eff. 6/13/86; AMD, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.408 Requirements for the Supervisory Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: AMD, 1979 MAR p. 584, Eff. 6/15/79; AMD, 1983 MAR p. 604, Eff. 5/27/83; AMD, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.409 Requirements for the Command Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: AMD, 1979 MAR p. 584, Eff. 6/15/79; AMD, 1983 MAR p. 604, Eff. 5/27/83; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.410 Requirements for the Administrative Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: AMD, 1979 MAR p. 584, Eff. 6/15/79; AMD, 1983 MAR p. 604, Eff. 5/27/83; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.411 Purpose of Certificates and Awards

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, Eff. 12/5/73; AMD, 1978 MAR p. 720, Eff. 5/26/78; AMD, 1979 MAR p. 584, Eff. 6/15/79; AMD, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.412 Qualifications for Certification of Law Enforcement Academy and Training Courses

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-32-303, 7-32-4112, MCA
History: NEW, Eff. 12/5/73; AMD, Eff. 5/1/77; AMD, Eff. 4/4/77; AMD, 1981 MAR p. 1904, Eff. 12/31/81; AMD, 1984 MAR p. 881, Eff. 6/1/84; AMD, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.413 Certification Requirements for Trainee Attendance and Performance

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-32-303, 7-32-4112, MCA
History: NEW, Eff. 12/5/73; AMD, Eff. 5/1/75; AMD, Eff. 4/4/77; AMD, 1981 MAR p. 1905, Eff. 12/31/81; AMD, 1984 MAR p. 881, Eff, 6/1/84; AMD, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.414 Qualifications for Instructors

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED) .

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 44-4-301 MCA
History: NEW, Eff. 12/5/73; AMD, Eff. 5/1/75; AMD, Eff. 5/5/77; REP, 1984 MAR p. 881, Eff. 6/1/84.

Mont. Admin. R. 23.14.415 Code of Ethics

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, Eff. 12/5/73; AMD, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.416 The Basic Course

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, Eff. 12/5/73; AMD, Eff. 5/1/75; AMD, 1986 MAR p. 1023, Eff. 6/13/86; AMD, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.417 The Intermediate Course (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 44-4-301 MCA
History: NEW, Eff. 5/1/75; AMD, 1986 MAR p. 1023, Eff. 6/13/86; REP, 1994 MAR p. 1449, Eff. 5/27/94.

Mont. Admin. R. 23.14.418 The Advanced Course (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 44-4-301 MCA
History: NEW, Eff. 12/5/73; AMD, Eff. 5/1/75; AMD, 1986 MAR p. 1023, Eff. 6/13/86; REP, 1994 MAR p. 1449, Eff. 5/27/94.

Mont. Admin. R. 23.14.419 Instructor Certification Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1984 MAR p. 881, Eff. 6/1/84; AMD, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.420 Requirements for Designated Incident Command Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.423 Minimum Standards for the Employment of Detention Officers

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 7-32-303, 44-4-301 MCA
History: NEW, 1989 MAR p. 2064, Eff. 12/8/89; TRANS, 1996 MAR p. 271, Eff. 1/26/96.

Mont. Admin. R. 23.14.424 Requirements for Detention Officer Certification

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 44-4-301 MCA
History: NEW, 1989 MAR p. 2064, Eff. 12/8/89; TRANS, 1996 MAR p. 271, Eff. 1/26/96.

Mont. Admin. R. 23.14.425 Referenced Administrative Rules of Montana Apply to Full-Time and Part-Time Detention Officers

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 44-4-301 MCA
History: NEW, 1989 MAR p. 2064, Eff. 12/8/89; TRANS, 1996 MAR p. 271, Eff. 1/26/96.

Subchapter 23.14.5 Peace Officer Standards and Training Nonsworn Officer Training

Mont. Admin. R. 23.14.501 Minimum Standards for the Employment of Public Safety Communications Officers

History

Authorizing statute(s): Sec. 7-31-202 MCA
Implementing statute(s): Sec. 7-31-201, 7-31-202, 10-4-101 MCA
History: NEW, 1993 MAR p. 1513, Eff. 7/16/93; TRANS, 1996 MAR p. 271, Eff. 1/26/96.

Mont. Admin. R. 23.14.502 Requirements for Public Safety Communications Officer Certification

History

Authorizing statute(s): Sec. 7-31-203 MCA
Implementing statute(s): Sec. 7-31-201, 7-31-202, 7-31-203, 10-4-101 MCA
History: NEW, 1993 MAR p. 1513, Eff. 7/16/93; TRANS, 1996 MAR p. 271, Eff. 1/26/96.

Mont. Admin. R. 23.14.503 Referenced Administrative Rules of Montana Apply to Nonsworn Officers

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1989 MAR p. 2064, Eff. 12/8/89; TRANS & AMD, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.504 Notice of Appointment or Termination of Nonsworn Officers

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.508 Minimum Qualifications of Probation and Parole Officers

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 46-23-1003 MCA
History: NEW, 1993 MAR p. 1514, Eff. 7/16/93; TRANS, 1996 MAR p. 271, Eff. 1/26/96.

Mont. Admin. R. 23.14.509 Requirements for Probation and Parole Officer Certification

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 46-23-1003 MCA
History: NEW, 1993 MAR p. 1514, Eff. 7/16/93; TRANS, 1996 MAR p. 271, Eff. 1/26/96.

Mont. Admin. R. 23.14.510 Minimum Qualifications for Public Safety Communications Officers

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 7-31-202, MCA
Implementing statute(s): 7-31-201, 7-31-202, 10-4-101, MCA
History: NEW, 1993 MAR p. 1513, Eff. 7/16/93; TRANS & AMD, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.511 Requirements for Public Safety Communications Officer Basic Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 7-31-203, MCA
Implementing statute(s): 7-31-201, 7-31-202, 7-31-203, 10-4-101, MCA
History: NEW, 1993 MAR p. 1513, Eff. 7/16/93; TRANS & AMD, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.512 Requirements for the Public Safety Communications Officer Intermediate Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-31-203, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.513 Requirements for the Public Safety Communications Officer Advanced Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-31-203, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.514 Requirements for the Public Safety Communications Officer Supervisory Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-31-203, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.515 Requirements for the Public Safety Communications Officer Command Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-31-203, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.516 Requirements for the Public Safety Communications Officer Administrative Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-31-203, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.525 Minimum Oualifications for Detention Officers

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1989 MAR p. 2064, Eff. 12/8/89; TRANS, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.526 Requirements for Detention Officer Basic Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1989 MAR p. 2064, Eff. 12/8/89; TRANS, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.527 Requirements for the Detention Officer Intermediate Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.528 Requirements for the Detention Officer Advanced Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.529 Requirements for the Detention Officer Supervisory Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.530 Requirements for the Detention Officer Command Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.531 Requirements for the Detention Officer Administrative Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.555 Minimum Qualifications for Probation and Parole Officers

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 46-23-1003, MCA
History: NEW, 1993 MAR p. 1514, Eff. 7/16/93; TRANS, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.556 Requirements for Probation and Parole Officer Basic Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 46-23-1003, MCA
History: NEW, 1993 MAR p. 1514, Eff. 7/16/93; TRANS, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.570 Minimum Qualifications for Juvenile Probation Officers and Record Keeping

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 41-5-705, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.571 Requirements for the Juvenile Probation Officer Basic Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 41-5-702, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.572 Minimum Qualifications for Commercial Vehicle Inspectors

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-32-303, 44-4-301, 44-4-302, MCA
History: NEW, 2002 MAR p. 3601, Eff. 12/27/02; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.573 Requirements for Commercial Vehicle Inspector Basic Certificate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 7-32-303, 44-4-301, 44-4-302, MCA
History: NEW, 2002 MAR p. 3601, Eff. 12/27/02; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Subchapter 23.14.6 Regional Youth Detention Services

Mont. Admin. R. 23.14.609 General Definitions

(1) "Board" means the Board of Crime Control as provided for in 2-15-2306, MCA.

(2) "Regional plan" means the plan for providing youth detention services as required in 41-5-1903, MCA, submitted to the board from regions created under 41-5-1805, MCA.

(3) "Regional planning board" means the board created to implement 41-5-1805, MCA, and prepare regional plans.

(4) "Region" means the youth detention region established in 41-5-1805, MCA.

(5) "Detention services" means youth detention services as defined in 41-5-1901, MCA.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1805, 41-5-1903, MCA
History: NEW, 1994 MAR p. 579, Eff. 3/18/94; AMD, 2012 MAR p. 743, Eff. 3/23/12; TRANS, from ARM 23.14.601, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.601, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.610 Regional Planning Boards

(1) Counties that establish regions by using the provisions of the Interlocal Cooperation Act, Title 7, chapter 11, part 1, MCA, may apply to the board for funding of detention services.

(2) A regional planning board must be a representative group from all counties within the region and must include one county commissioner from each county within the region.

(3) A regional planning board may adopt bylaws governing the membership and responsibilities of the participating counties.

(4) Each regional planning board must designate a single county within the region to act as the fiscal authority for the region who is responsible for the following:

(a) preparation and submission of claims for funds to the board;

(b) receipt of funds from the board;

(d) accountability to the board for the proper use of funds under state and federal law.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1805, 41-5-1902, 41-5-1903, MCA
History: NEW, 1994 MAR p. 579, Eff. 3/18/94; TRANS, from 23.14.602, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.602, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.611 Regional Plan

(1) Regional plans are considered applications for financial assistance from the board.

(2) Regional plans prepared by regional planning boards must fully describe the information required in 41-5-1903, MCA.

(3) Regional plans must be submitted to the board annually for the next fiscal year.

(4) The regional plan submitted to the board for funding must be approved by the regional planning board and shall contain the signatures of:

(a) the county commissioner representing the fiscal authority who signs as the official budget representative;

(b) the chair of the regional planning board who signs as the project director; and

(5) The regional plan must include a detailed description of the proposed detention services that:

(a) explains how the proposed detention services meet the requirements of state law and 42 U.S.C. 5632, 42 U.S.C. 5633(a)(21) and 42 U.S.C. 5674;

(b) describes a method of evaluating the effectiveness of the proposed detention services; and

(6) The regional plan must include a complete and justified budget for each detention service.

(7) Funds awarded for the regional plan must be used exclusively for the purposes described in the plan.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1903, 41-5-1904, 41-5-1905, 41-5-1907, MCA, NEW, 1994 MAR p. 579, Eff. 3/18/94
History: AMD, 2012 MAR p. 743, Eff. 3/23/12; TRANS, from ARM 23.14.603, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.603, 2023 MAR p. 298, Eff. 3/25/23.

Mont. Admin. R. 23.14.612 Plan Approval Process

(1) The regional plan submitted by the regional planning board will be reviewed by the youth justice council. The youth justice council will recommend to the board whether the regional plan should be approved, modified, rejected, or terminated.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1902, 41-5-1905, MCA
History: NEW, 1994 MAR p. 579, Eff. 3/18/94; AMD, 2012 MAR p. 743, Eff. 3/23/12; TRANS, from ARM 23.14.604, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.604, 2023 MAR p. 298, Eff. 3/25/23.

Mont. Admin. R. 23.14.613 Amendments to the Regional Plan

(1) The regional plan submitted to and approved by the board will be effective for one fiscal year. Amendments to the plan are allowable.

(2) Modification of budget line items by ten percent or less may be approved by the regional planning board.

(3) Modifications of budget line items exceeding ten percent must be requested of the board in writing and approved by the board prior to adjustment of the budget.

(4) New detention services seeking approval must notify the regional planning board 30 days prior to the next scheduled meeting of the regional planning board.

(5) New detention services not described in the regional plan may be amended into a plan by:

(a) approval of the regional planning board; and

(b) approval by the board after written notice which describes the impact of the new detention services on the overall plan and budget.

(6) The board will respond in writing to the regional planning board regarding the request to amend the regional plan.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1903, 41-5-1904, 41-5-1905, MCA
History: NEW, 1994 MAR p. 579, Eff. 3/18/94; AMD, 2012 MAR p. 743, Eff. 3/23/12; TRANS, from ARM 23.14.605, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.605, 2023 MAR p. 298, Eff. 3/25/23.

Mont. Admin. R. 23.14.614 Reports

(1) Counties participating in regional plans must submit regular and accurate reports to the board using the reporting system prescribed by the board.

(2) Failure by a county or counties to use or to accurately report using the reporting system prescribed by the board will be reviewed by the regional planning board, which may recommend to the board that the nonreporting county or counties be prohibited from using funds provided to a region for implementing its regional plan.

(3) The board will review the recommendation of the regional planning board and may prohibit the use of funds by nonreporting counties in order to assure the complete and accurate reporting of detention.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1903, MCA
History: NEW, 1994 MAR p. 579, Eff. 3/18/94; AMD, 2012 MAR p. 743, Eff. 3/23/12; TRANS, from ARM 23.14.606, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.606, 2023 MAR p. 298, Eff. 3/25/23.

Mont. Admin. R. 23.14.615 Regional Detention Task Force

(1) The board may establish an advisory task force pursuant to board bylaws comprised of board members and the chairpersons of the regional planning boards.

(2) The task force will advise the board and the youth justice council regarding regional detention services.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 2-15-2306, 41-5-1908, 44-7-101, MCA
History: NEW, 1994 MAR p. 579, Eff. 3/18/94; TRANS, from ARM 23.14.607, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.607, 2023 MAR p. 298, Eff. 3/25/23; AMD, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.616 Reimbursements to Counties for Tribal Use of Detention Services

(1) The board may reimburse counties for detention costs of Indian youth placed in a regional youth detention facility or a county detention facility pursuant to an order of a tribal court and approved by the regional detention board as part of the regional plan.

(2) Reimbursements under (1) may only be made for Indian youth placements that are in compliance with the requirements of state law and 42 U.S.C. 5632, 42 U.S.C. 5633(a) (21) and U.S.C. 5674.

History

Authorizing statute(s): 41-5-1908, MCA
Implementing statute(s): 41-5-1902, 41-5-1904, MCA, NEW, 2002 MAR p. 1484, Eff. 5/17/02
History: TRANS, from ARM 23.14.608, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.608, 2023 MAR p. 298, Eff. 3/25/23.

Subchapter 23.14.8 Peace Officer Standards and Training Revocation / Suspension of Peace Officer Certification

Mont. Admin. R. 23.14.801 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1997 MAR p. 1036, Eff. 6/24/97; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.802 Grounds for Suspension or Revocation of Montana Peace Officers' Standards and Training Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/95; AMD, 2001 MAR p. 673, Eff. 4/27/01; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.803 Preliminary Procedure in Proceedings for Suspension or Revocation of Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.804 Commencement of Formal Proceedings for Suspension or Revocation of Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/95; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.805 Hearing Procedures

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 44-4-301 MCA
History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.

Mont. Admin. R. 23.14.806 Conduct of Hearings

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 44-4-301 MCA
History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.

Mont. Admin. R. 23.14.807 Decision and Order

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/95; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.808 Record of Proceedings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301, MCA
Implementing statute(s): 44-4-301, MCA
History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/95; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Mont. Admin. R. 23.14.809 Appeals

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 44-4-301 MCA
History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.

Mont. Admin. R. 23.14.810 Applicability of the Rules of Civil Procedure

Publisher status: INEFFECTIVE (not currently effective).

(IS HEREBY REPEALED)

History

Authorizing statute(s): Sec. 44-4-301 MCA
Implementing statute(s): Sec. 44-4-301 MCA
History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.

Subchapter 23.14.9 Peace Officer Standards and Training Coroner Education and Continued Certification

Mont. Admin. R. 23.14.901 Coroner Education and Continued Education and Extension of Time Limit for Continued Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 7-4-2905, MCA
Implementing statute(s): 7-4-2905, MCA
History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Subchapter 23.14.10 POST Appeals

Mont. Admin. R. 23.14.1010 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA
Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA
History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1001, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1001, 2023 MAR p. 298, Eff. 3/25/23; REP, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.1011 Purpose

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA
Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA
History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1002, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1002, 2023 MAR p. 298, Eff. 3/25/23; REP, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.1012 Appeal Review Committee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA
Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA
History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1003, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1003, 2023 MAR p. 298, Eff. 3/25/23; REP, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.1013 Right to Appeal

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA
Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA
History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1004, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1004, 2023 MAR p. 298, Eff. 3/25/23; REP, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.1014 Record of Proceedings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA
Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA
History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1005, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1005, 2023 MAR p. 298, Eff. 3/25/23; REP, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.1015 Notice of Review

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA
Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA
History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1006, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1006, 2023 MAR p. 298, Eff. 3/25/23; REP, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.1016 Committee Review Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA
Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA
History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1007, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1007, 2023 MAR p. 298, Eff. 3/25/23; REP, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.1017 Recommendation of the Appeal Review Committee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA
Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA
History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; AMD, 2012 MAR p. 615, Eff. 3/23/12; TRANS, from ARM 23.14.1008, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1008, 2023 MAR p. 298, Eff. 3/25/23; REP, 2023 MAR p. 567, Eff. 6/24/23.

Mont. Admin. R. 23.14.1018 Board Final Decision

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA
Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA
History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1009, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1009, 2023 MAR p. 298, Eff. 3/25/23; REP, 2023 MAR p. 567, Eff. 6/24/23.

Chapter 23.15 Office of Victims Services

Subchapter 23.15.1 Definitions

Mont. Admin. R. 23.15.101 Function of the Office of Victims Services and Restorative Justice

(1) The office of victims services and restorative justice administers the Crime Victims Compensation Act, Title 53, chapter 9, part 1, MCA, through the crime victims unit.

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-103, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 2002 MAR p. 1753, Eff. 6/28/02.

Mont. Admin. R. 23.15.102 General Definitions

(1) "Bodily injury" means a physical or mental trauma directly resulting from:

(a) a physical contact with the victim; or

(b) criminal acts of the offender which were directed toward the victim's person and the victim was aware of the actions at the time of such actions;

(2) "Dependent" includes a minor stepchild who resides with the victim, whether adopted or not, and a child who receives court-ordered child support from the victim;

(3) "Deputy director" is the deputy director/chief of staff of the Department of Justice;

(4) "Law enforcement officer" means a peace officer as defined in 46-1-202, MCA, or an employee of a youth court probation or child protective services agency;

(5) "Office" is the Office of Victims Services;

(6) "Person who has been charged or convicted" includes minors treated under the Youth Court Act, Title 41, chapter 5, MCA; and

(7) "Program" is the Crime Victims Compensation Program.

History

Authorizing statute(s): 53-9-104, MCA
Implementing statute(s): 53-9-103, 53-9-125, 53-9-127, 53-9-128, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94; AMD, 2002 MAR p. 1753, Eff. 6/28/02; AMD, 2008 MAR p. 1589, Eff. 8/1/08.

Mont. Admin. R. 23.15.103 Good Cause Extensions to Claim Filing and Reporting to Law Enforcement Limits

(1) Factors considered when determining whether "good cause" exists for extending the one-year time limit for filing a claim, or for extending the 72 hour deadline to report criminally injurious conduct to law enforcement after its occurrence include, but are not limited to the following:

(a) age of the victim when the crime occurred;

(b) whether the delay in filing or reporting was reasonable, considering the circumstances of the crime and the resulting injuries to the victim;

(d) failure of law enforcement or prosecutors to notify the victim about the crime victim compensation.

(2) There is no good cause to extend the time limit if the claim is filed more than two years after the latest date the claim could have been filed in accordance with 53-9-125 , MCA.

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-125, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94; AMD, 2001 MAR p. 674, Eff. 4/27/01.

Mont. Admin. R. 23.15.104 Interests of Justice (is Hereby Repealed)

Publisher status: INEFFECTIVE (not currently effective).

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-125, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; REP, 1994 MAR p. 1999, Eff. 7/22/94.

Mont. Admin. R. 23.15.105 Proportionate Reduction in Claims Paid

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 53-9-104, MCA
Implementing statute(s): 53-9-108, MCA
History: NEW, 2001 MAR p. 674, Eff. 4/27/01; REP, 2008 MAR p. 1588, Eff. 8/1/08.

Subchapter 23.15.2 Procedure

Mont. Admin. R. 23.15.201 Claim and Initial Determination

(1) To initiate a claim, a claimant must complete either the form provided by the unit or a form which substantially conforms to the unit's form. The unit may provide claimant with the unit's form and require its completion prior to processing of the claim.

(2) The claimant must provide complete information and, upon request, supporting documents.

(3) A claimant who fails to respond to a request from the unit for information or supporting documents within a reasonable time may be denied his or her claim without prejudice. If the claimant submits the required evidence or supporting documents and reasons for not responding within a reasonable time, a reconsideration may be made on the merits of the claim.

(4) A request for benefits under 53-9-128 (9) , MCA, is an application for compensation. The person applying for benefits is subject to all the requirements of the Crime Victims Compensation Act and Administrative Rules of Montana for the Crime Victims Compensation Act.

(5) The office will issue its initial determination accepting, denying, or reconsidering claims for compensation benefits.

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-121, 53-9-124, 53-9-127, 53-9-128, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94; AMD, 2001 MAR p. 674, Eff. 4/27/01; AMD, 2002 MAR p. 1753, Eff. 6/28/02.

Mont. Admin. R. 23.15.202 Request for Hearing

(1) The claimant has the right to request an informal hearing within 30 days of any written determination regarding compensability of a claim. The unit may request an informal hearing on its own initiative. The right to proceed further is waived unless the request for an informal hearing is either postmarked or received by the unit within 30 days after the initial determination is mailed.

(2) The claimant's request must be in writing and state the action the claimant wishes the office to take and the reasons the office should take such action.

(3) The office administrator will review the request and all relevant evidence provided by the claimant. After review, the office administrator will recommend whether a hearing should be held or a revised order issued.

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-122, 53-9-130, 53-9-131, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94; AMD, 2002 MAR p. 1753, Eff. 6/28/02.

Mont. Admin. R. 23.15.203 Hearing

(1) The office administrator will refer the claim to a hearing examiner.

(2) The hearing examiner will issue notice of the time and place for the hearing, and the issues to be resolved at the hearing.

(3) The hearing is not a contested case hearing under the Montana Administrative Procedure Act. The claimant and the unit may each submit evidence. Parties will have an opportunity to examine and cross-examine witnesses who may have relevant testimony concerning the claim. The statutory and common-law rules of evidence do not apply to hearings held under this rule. The hearing examiner will make a record of the hearing.

(4) The hearing examiner will issue proposed findings of fact, conclusions of law, and order.

(5) Within 20 days of the issuance of the proposed order, either party may file written exceptions to the order and request a review by the deputy director or the deputy director's designee.

(6) The deputy director will issue a final order, which is a final determination as set forth in 53-9-131 , MCA. This order is final for purposes of judicial review only if a review under (5) has been held.

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-122, 53-9-130, 53-9-131, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94; AMD, 2002 MAR p. 1753, Eff. 6/28/02.

Mont. Admin. R. 23.15.204 Notification of Disposition

(1) The unit will notify the appropriate law enforcement agencies and prosecuting attorneys for the disposition of the claim if restitution is ordered by a court. Upon request, the unit will provide a copy of the determination or order and any necessary supporting documents to the appropriate criminal justice agency or court.

(2) The unit will notify the service providers of a denial or reduction of compensation benefits.

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-127, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87.

Mont. Admin. R. 23.15.205 Reconsideration of Claims Under 53-9-130 , Mca

(1) The office may reconsider a claim at the request of the claimant when no informal hearing under 53-9-122 , MCA, was held, and when the time for requesting such hearing has expired.

(2) A claimant may request a reconsideration only upon presentation of newly discovered evidence, which could not have been previously discovered with reasonable diligence.

(3) A claimant's request for a reconsideration must:

(a) be in writing;

(b) state the reason why the office's prior decision should be reconsidered; and

(4) The office administrator will review the request and all relevant evidence provided by the claimant and recommend whether the request should be granted or denied.

(5) The recommendation will be reviewed by the deputy director who may concur, reject, or modify the recommendation.

(6) A reconsideration may be done at any time if requested by the crime victims unit. The request will be reviewed by the deputy director who may grant, deny, or modify the determination requested as provided in (5) .

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-130, MCA
History: NEW, 1994 MAR p. 1999, Eff. 7/2/94; AMD, 2002 MAR p. 1753, Eff. 6/28/02.

Subchapter 23.15.3 Miscellaneous

Mont. Admin. R. 23.15.301 Attorney Fees

(1) The time, effort, involvement, and complexity of a claim are considered in determining whether or not attorney fees will be granted for attorneys representing claimants before the unit or office.

(2) Fees will not be awarded for filling out and mailing a claim form.

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-106, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 2002 MAR p. 1753, Eff. 6/28/02.

Mont. Admin. R. 23.15.302 Payment of Claims

(1) Wage compensation is paid directly to the claimant every 14 days unless otherwise directed by the unit or unless there is an assignment for medical expenses, maintenance, or child support. The first payment is processed to coincide with the biweekly payment periods adopted by the unit.

(2) Reasonable medical and/or burial expenses are paid to the service providers, unless the claimant has paid the expenses, in which case payment is made to the claimant. Charges for private rooms and special nurses are paid only if ordered by the attending physician. The claimant is responsible for charges for treatment of conditions or injuries that are not a direct result of the criminally injurious conduct.

(a) Reasonable burial expenses include a marker for the grave.

(3) Children and retired persons are considered employable but unemployed for the purpose of computing their benefits under 53-9-128 , MCA.

(4) Payment will not be made for medical expenses for treatment obtained more than three years after the last date of treatment for the same criminally injurious conduct.

(5) Payment will not be allowed for duplicate medical treatments received on the same day, except in an emergency.

History

Authorizing statute(s): Sec. 53-9-104, 53-9-122, MCA
Implementing statute(s): Sec. 53-9-122, 53-9-128, 53-9-130, 53-9-131, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94; AMD, 2001 MAR p. 674, Eff. 4/27/01.

Mont. Admin. R. 23.15.303 Employment Information

(1) Employers of victims may, upon request of the unit or the claimant, submit verifications of employment and salary, detailing loss of wages and benefit entitlements from the employers.

(2) Self-employed persons may receive wage loss benefits. The amount of their benefits will be based on the net profit plus noncash business expenses.

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): 53-9-104, 53-9-128, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87.

Mont. Admin. R. 23.15.304 Medical Information

(1) Physicians who have rendered medical services to a victim may submit to the unit the physician's first report and bill for initial treatment or any other appropriate report which details information regarding injuries, treatment, costs, and the physician's opinion concerning the victim's ability to work.

(2) The unit must be advised by the claimant or the treating or examining physician of the results of all examinations. The claimant may not claim a physician-client privilege.

(3) Whenever the unit requires a claimant to submit to an examination by a physician of the unit's choice, in addition to paying for such examination, the unit will reimburse the claimant for necessary and reasonable subsistence and travel costs but not in amounts more than those allowed to state employees for travel expenses.

(4) If the claimant is requesting compensation benefits to pay for costs of medical treatment, the claimant may initially select the physician to provide treatment, but the claimant must obtain prior approval from the unit before receiving treatment from another physician, except in an emergency. Unless the claimant obtains such prior approval, benefits to pay the cost of treatment may be disallowed. The attending physician is responsible for the type, duration, and frequency of treatment. If the attending physician refers the claimant to another physician, the claimant must obtain prior approval from the unit for the referral visits and treatment, except in an emergency, or the cost of treatment may be disallowed.

(5) Except under (3) , initial liability for expenses is the responsibility of the claimant.

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-104, 53-9-123, 53-9-127, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94.

Mont. Admin. R. 23.15.305 Chiropractic Services

(1) The rules governing physicians apply to chiropractors.

(2) Treatment by a licensed chiropractor is permitted without specific prior approval for a period not to exceed 30 days, provided the patient is not under the care of another physician.

(3) No payments are allowed for more than one treatment and modality daily. Payments may be made for the following modalities: diathermy, ultrasound, electrotherapy, and intermittent motorized traction.

(4) If, at any time, special services such as body supports, casts, splints, and strapping are required for treatment, prior approval must be obtained from the unit.

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-128, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87.

Mont. Admin. R. 23.15.306 Mental Health Therapists

(1) The rules governing physicians apply to mental health therapists, subject to restrictions in this rule.

(2) A mental health therapist must be one of the following to receive payment from the crime victims fund:

(a) medical doctor;

(b) licensed clinical psychologists;

(d) licensed professional counselor;

(e) mental health center for services of any of the therapists listed in this section.

(3) Payment for mental health counseling is limited to 12 consecutive months or $2,000 billable services, whichever limit is reached first. Primary victims may request an extension of the time or money limit. An extension may be granted after review of the entire course of treatment, including but not limited to case notes and treatment plans. The reviewer will be a qualified professional therapist chosen by the program, which will make recommendations to deny or grant any extension of treatment and the length of the extension.

(4) Payment for mental health counseling to secondary victims is limited to 12 consecutive months or $2,000 billable services, whichever limit is reached first. Secondary victims may not request an extension of the time or money limit.

(a) Secondary victims are:

(i) the spouse, parent, child, or sibling of a victim who is killed as a result of criminally injurious conduct;

(ii) the parent or sibling of a minor who is a victim of criminally injurious conduct involving a sexual offense, provided the parent or sibling is not entitled to receive services under Title 41, chapter 3, MCA; and

(iii) a minor child present in a home where domestic violence occurred.

(b) Parent, child, and sibling of a victim include:

(i) the victim's natural and adoptive parents, natural and adopted children, and natural and adopted siblings; and

(ii) stepparents, stepchildren, and stepsiblings. However, in the case of a sexually offended minor, the stepparent and the stepsibling must have resided with the victim at the time of the criminally injurious conduct, and the stepparent must continue to reside with the victim in order to qualify for payment for mental health counseling.

(5) Primary victims retain the right to request a hearing under ARM 23.15.202. Secondary victims retain the right to request a hearing under ARM 23.15.202 if they have not been awarded their entire statutory entitlement.

History

Authorizing statute(s): 53-9-104, MCA
Implementing statute(s): 53-9-128, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94; AMD, 2001 MAR p. 674, Eff. 4/27/01; AMD, 2011 MAR p. 2143, Eff. 10/14/11.

Mont. Admin. R. 23.15.307 Compensation Benefits

(1) Compensation benefits payable to a claimant or on his behalf are computed by subtracting from the claimant's expenses any payments made by the offender or other collateral source. The unpaid expense is subject to the statutory maximums and percentage of victim contribution.

(2) Payments from a collateral source for one type of expense may be used to offset other types of expenses once the original expense type has been paid.

(3) Payment by a collateral source to a claimant or a service provider for expenses also paid for by the crime victims fund creates an immediate debt to the crime victims fund, regardless of the length of time between the payments. The claimant is responsible for repayment of the debt. The collateral source may pay the fund directly rather than the claimant or service provider.

History

Authorizing statute(s): Sec. 53-9-104, MCA
Implementing statute(s): Sec. 53-9-103, 53-9-125, 53-9-128, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 2001 MAR p. 674, Eff. 4/27/01.

Mont. Admin. R. 23.15.308 Contribution

(1) Under 53-9-125 , MCA, a victim contributed to the infliction of death or bodily injury with respect to which a claim is made if the victim's actions are causally connected to the resulting injuries and such injuries were reasonably foreseeable at the time of his or her contributing actions.

History

Authorizing statute(s): 53-9-104, MCA
Implementing statute(s): 53-9-125, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94.

Mont. Admin. R. 23.15.309 Sick Leave

(1) Sick leave payments are not considered wages for the purpose of determining if a victim qualifies for wage loss compensation, but sick leave payments received during the actual loss of wages are used to offset wage compensation benefits.

History

Authorizing statute(s): 53-9-104, MCA
Implementing statute(s): 53-9-128, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87.

Mont. Admin. R. 23.15.310 Subrogation and Attorney Fees

(1) The claimant must advise the unit when a civil action is initiated by the claimant against the offender or another collateral source. The claimant must provide the name and address of his or her attorney to the unit.

(2) The claimant or his or her attorney must provide a copy of the fee agreement between the claimant and attorney to the unit. The unit will provide a copy of the office's determination or order awarding or denying compensation benefits and any necessary documents to the attorney.

(3) At the conclusion of the civil action, if the office recovers under its subrogation interest and the claimant wishes to recover a proportional share of costs and attorney fees from the office, the claimant or his or her attorney must provide an itemized list of the litigation costs and attorney fees to the office.

(a) After receiving its subrogation interest, the office will authorize payment of its share of costs and attorney fees to the claimant as reimbursement if the claimant has properly paid all fees and costs, or to the attorney if the claimant has not paid such fees and costs.

History

Authorizing statute(s): 53-9-104, MCA
Implementing statute(s): 53-9-132, MCA
History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 2002 MAR p. 1753, Eff. 6/28/02.

Subchapter 23.15.4 Forensic Rape Examination Payment Program

Mont. Admin. R. 23.15.401 Forensic Rape Examination Payment Program-Purpose

(1) The forensic rape examination payment program (FREPP) covers the costs of providing sexual assault forensic examinations for victims of an alleged incident of sexual intercourse without consent, sexual assault, or incest who choose not to report the alleged incident to law enforcement. FREPP supplies medical providers with forensic rape examination kits at no charge.

History

Authorizing statute(s): 46-15-411, MCA
Implementing statute(s): 2-15-2014, 46-15-411, MCA
History: NEW, 2005 MAR p. 2063, Eff. 10/28/05.

Mont. Admin. R. 23.15.402 Forensic Rape Examination Payment Program Coverage Guidelines

(1) To be eligible to receive FREPP coverage, a victim must have a forensic rape examination performed within 72 hours of the alleged sexual assault and must choose not to report the alleged incident to law enforcement.

(2) To be eligible for reimbursement by FREPP the forensic rape examination must be:

(a) performed by a physician or by other medical providers who have been trained to gather evidence of a sexual assault in a manner suitable for use in a court of law; and

(b) a forensic rape examination kit supplied by FREPP must be used.

(3) FREPP will pay a maximum of $600 to medical providers who perform forensic rape examinations on victims who do not choose to report the alleged sexual assault to law enforcement.

(a) The forensic rape examination payment includes the following covered costs:

(i) a complete and customary forensic rape examination;

(ii) emergency room/facility charges;

(iii) medical provider charges;

(iv) sexually transmitted disease (STD) and pregnancy prophylaxis;

(v) blood and urine specimens for toxicology testing;

(vi) supplies;

(vii) laboratory testing;

(viii) pharmaceuticals; and

(ix) shipping costs.

(4) The FREPP payment constitutes payment in full for all services related to the forensic rape examination and the medical provider may not bill the victim for covered costs associated with the examination that exceed the allowable payment of $600.

(5) The FREPP payment does not cover costs associated with the treatment of physical injuries due to the alleged sexual assault. The victim is responsible for payment of such costs.

History

Authorizing statute(s): 46-15-411, MCA
Implementing statute(s): 2-15-2014, 46-15-411, MCA
History: NEW, 2005 MAR p. 2063, Eff. 10/28/05.

Mont. Admin. R. 23.15.403 Processing and Return of Forensic Rape Examination Kits

(1) Forensic rape examination kits, which include evidence obtained as a result of the examination, the medical record sexual assault form, and any other paperwork accompanying the examination, should be mailed to the Office of Victim Services, ATTN: FREPP, P.O. Box 201410, 1712 9th Ave., Helena, MT 59620-1410, as soon as reasonably possible and preferably within 24 hours of completion of the examination.

(2) FREPP recommends that forensic rape examination kits be sent via federal express or UPS, overnight delivery.

History

Authorizing statute(s): 46-15-411, MCA
Implementing statute(s): 46-15-411, MCA
History: NEW, 2005 MAR p. 2063, Eff. 10/28/05.

Mont. Admin. R. 23.15.404 Provider Billing and Reimbursement

(1) To be eligible for reimbursement for the covered costs of the forensic rape examination, the medical provider must, within 90 days of performing the examination:

(a) submit the FREPP claim form;

(b) provide a copy of the patient information form;

(c) provide an itemized statement of charges listing current procedural terminology (CPT) codes on a standard health care financing administration (HCFA) form; and

(d) provide copies of all pertinent treatment records.

(2) All billing paperwork should be mailed to the Office of Victim Services, ATTN: FREPP, P.O. Box 201410, 1712 9th Ave., Helena, MT 59620-1410.

History

Authorizing statute(s): 46-15-411, MCA
Implementing statute(s): 46-15-411, MCA
History: NEW, 2005 MAR p. 2063, Eff. 10/28/05.

Mont. Admin. R. 23.15.405 Administration of the Forensic Rape Examination Payment Program

(1) FREPP will maintain a database of all forensic rape examination kits received.

(2) FREPP will store forensic rape examination kits for a minimum of 60 days.

(3) FREPP will maintain the confidentiality of the victim's identity and the forensic rape examination.

(4) In the event that a victim chooses to report the alleged sexual assault to law enforcement and the forensic rape examination kit has not been destroyed, FREPP will provide the kit, upon request, to law enforcement.

History

Authorizing statute(s): 46-15-411, MCA
Implementing statute(s): 46-15-411, MCA
History: NEW, 2005 MAR p. 2063, Eff. 10/28/05.

Mont. Admin. R. 23.15.406 Law Enforcement's Responsibility to Pay

(1) If FREPP has provided coverage for a forensic rape examination and the victim later reports the offense to law enforcement, in accordance with 46-15-411 , MCA, law enforcement must reimburse FREPP for the cost of the examination.

(2) Section (1) does not apply if the forensic rape kit has been destroyed.

History

Authorizing statute(s): 46-15-411, MCA
Implementing statute(s): 46-15-411, MCA
History: NEW, 2005 MAR p. 2063, Eff. 10/28/05.

Subchapter 23.15.5 Address Confidentiality Program

Mont. Admin. R. 23.15.501 Address Confidentiality Program--Purpose and Goal

(1) The purpose of the address confidentiality program is to allow a victim of domestic violence, sexual assault or stalking to register for a confidential address. The program is designed to provide assistance to qualifying victims wishing to protect their address by providing the victim with a substitute address.

(2) The goal of the program is to contribute to a victim's overall safety. However, applicants should be aware that while the office of victim services will strive to keep a victim's information confidential, the office cannot guarantee a victim's safety nor can it prevent a perpetrator from finding out a victim's address from another source.

History

Authorizing statute(s): 40-15-120, MCA
Implementing statute(s): 40-15-115, MCA
History: NEW, 2005 MAR p. 2453, Eff. 11/24/05.

Mont. Admin. R. 23.15.502 Application

(1) To apply for the address confidentiality program, an applicant must:

(a) be a resident of the state of Montana;

(b) be a victim of partner family member assault, sexual assault, or stalking as defined by 40-15-116 , MCA; and

(c) complete the office of victim services address confidentiality application form. The application must, at a minimum, include:

(i) a copy of the victim's driver's license or some other form of identification verifying the victim is a resident of Montana;

(ii) a statement providing information that establishes the victim has been a victim of partner family member assault, sexual assault, or stalking;

(iii) if available, a copy of an applicable record of conviction or order of protection;

(iv) the address the victim requests to be kept confidential;

(v) a telephone number where the victim can be reached; and

(vi) a statement indicating whether the applicant wishes to register to vote or, if registered, to change the applicant's address for voter registration.

(2) Applications must be notarized and may be mailed or faxed to the Office of Victim Services, P.O. Box 201410, 1712 9th Ave., Helena, MT 59620-1410, fax (406) 444-4303.

(3) Incomplete or inaccurate applications will not be accepted by the office of victim services.

History

Authorizing statute(s): 40-15-120, MCA
Implementing statute(s): 40-15-115, 40-15-116, 40-15-117, MCA
History: NEW, 2005 MAR p. 2453, Eff. 11/24/05.

Mont. Admin. R. 23.15.503 Issuance of Substitute Address

(1) The office of victim services will approve all properly submitted applications within five business days after the application is received.

(2) Upon approval, the office of victim services will:

(a) issue a substitute address to the participant;

(b) receive mail and service of process addressed to the participant; and

(c) forward to the participant any service of process or first class mail, excluding packages larger than a manila envelope, received on the participant's behalf.

(3) The office of victim services will work with the secretary of state's office to register those participants who indicated on their application their wish to register to vote or change their address for voter registration purposes.

History

Authorizing statute(s): 40-15-120, MCA
Implementing statute(s): 40-15-115, 40-15-117, 40-15-118, MCA
History: NEW, 2005 MAR p. 2453, Eff. 11/24/05.

Mont. Admin. R. 23.15.504 Confidentiality

(1) The office of victim services will protect the confidentiality of application materials and a participant's substitute address.

(2) A victim's application materials and substitute address will only be disclosed if:

(a) requested by a law enforcement agency; or

(b) ordered by a court of competent jurisdiction.

History

Authorizing statute(s): 40-15-120, MCA
Implementing statute(s): 40-15-115, 40-15-118, MCA
History: NEW, 2005 MAR p. 2453, Eff. 11/24/05.

Mont. Admin. R. 23.15.505 Cancellation of Substitute Address

(1) Except as provided in (2) , a substitute address issued under ARM 23.15.503 is valid for four years after issuance.

(2) A participant who wants the substitute address to continue after four years must, on the form provided by the office of victim services:

(a) provide notice of the participant's request that the substitute address be continued; and

(b) provide a notarized statement that the participant remains in imminent danger and that continuation of the substitute address is in the participant's best interest.

(3) The office of victim services may cancel a participant's substitute address at any time if:

(a) a participant changes his or her confidential address and fails to provide notice to the office of victim services within two business days; or

(b) if the office of victim services determines that a participant knowingly provided false or incorrect information in his or her application.

History

Authorizing statute(s): 40-15-120, MCA
Implementing statute(s): 40-15-115, 40-15-119, MCA
History: NEW, 2005 MAR p. 2453, Eff. 11/24/05.

Chapter 23.16 Gambling Control Division

Subchapter 23.16.1 Gambling Licenses, Generally

Mont. Admin. R. 23.16.101 Definitions

As used throughout this chapter, the following definitions apply:

(1) "AARS" (automated accounting and reporting system) means a system that, at a minimum, is used to electronically report VGM accounting data to the State of Montana.

(2) "Accounting system vendor" means a person who sells or leases an accounting system to a licensed gambling manufacturer, route operator, or gambling operator to be utilized as an approved automated AARS, as provided in 23-5-637, MCA.

(3) "Control" means the power to cause or direct management and policies through ownership, contract, or otherwise.

(4) "Day" means the period of time, or any portion thereof, between any midnight and the midnight following.

(5) "Dealer" means a person who:

(a) deals playing cards in a card game of panguingue or poker; and

(b) may accept wagers and dispense winnings in a card game of panguingue or poker.

(6) "Financing" means investments, loans, deferred payment agreements for the purchase of real property (or tangible and intangible personal property or past or prospective services), and gifts, except tangible personal property intended and used for decoration or display on the premises.

(7) "Gambling license" means any license issued by the department pursuant to Title 23, chapter 5, MCA.

(8) "Institutional lender" means a person who:

(a) has been authorized under Title 32, chapters 1, 2, 3, and 4, MCA, to receive money on deposit or transact a trust or investment business, including banks, savings and loans, credit unions, investment companies, and development corporations; or

(b) is identified as a regulated lender in 31-1-111, MCA, which, in addition to lenders identified in (8)(a), includes bank holding companies, consumer loan licensees owned by bank holding companies, mutual or stock insurance companies, and federal and state agencies authorized to lend money.

(9) “Investment company” means any privately held legal entity except a natural person which holds or applies for a license, or owns, directly or indirectly, a beneficial interest in any corporation, firm, partnership, limited partnership, limited liability company, trust, or other form of business organization which holds or applies for a license, and which has the following characteristics:

(a) 100% of economic securities of the company are held, directly or indirectly, by:

(i) one or more private investment funds that are managed by an investment manager or managers, which investment manager or managers collectively have more than one billion dollars in assets under management; or

(ii) one or more institutional investors that each has assets of more than two million dollars;

(b) 100% of the voting securities of the company are held by one or more legal entities that is or are controlled by one or more controlling persons or key executives of the investment managers or institutional investors; and

(10) "Lease agreement" means a contract that transfers the right to possess and use of property for a term, in return for consideration. The terms of the lease may not transfer an ownership interest in the licensed gambling operation as defined in this rule.

(11) "Loan" means a written contract by which one delivers a sum of money or other thing of value to another and the latter agrees to return at a future time a sum equivalent to that which he/she borrowed.

(12) "Location manager" means a person employed or designated by the licensee to provide general oversight and ensure compliance with gambling laws and regulations under the authority and general guidance of the owner. A location manager may be a licensed owner, general manager, or onsite manager.

(13) "Manufacturer of electronic live bingo or keno equipment" means a person who produces from raw materials or subparts a completed piece of electronic equipment intended for use in the game of live bingo or keno. The term does not include a person who solely installs or connects electronic live bingo or keno equipment on an operator's premises.

(14) "Manufacturer of gambling devices not legal in Montana" means a person who assembles a completed or uncompleted piece of equipment intended for use as a gambling device which is not specifically authorized in Montana but is lawful in another jurisdiction.

(15) "Noninstitutional lender" or "noninstitutional source" means:

(a) a person other than an institutional lender as defined in (8) ; or

(b) a consumer lender who is not a subsidiary of a bank or bank holding company who loans money or supplies financing to an applicant, licensee, or the owner of an applicant or licensee.

(16) "Owner" or "owner of an interest" means a person holding ownership as defined in 23-5-112, MCA. The term "owner" or "owner of an interest" does not include route operators with a right to share in proceeds from VGMs they have leased to location operators. "Owner" or "owner of an interest" includes:

(a) guarantors on a loan to a gambling licensee from a noninstitutional source who make actual debt payments on behalf of a gambling licensee:

(i) that are disclosed as capital contributions; or

(ii) that the department determines are not actual loans to the gambling licensee under ARM 23.16.122;

(b) coborrowers, guarantors, and pledgors of collateral on a loan to a gambling licensee from a regulated lender who make actual debt payments on behalf of a gambling licensee and fail to timely make complete disclosures of payments as required by 23-5-118, MCA;

(c) any person whose compensation or contractual rights in relation to the licensed gambling operation are based in whole or part on a percentage of gross or net sales; or

(d) a holding company, defined under this rule as a corporation operated for the purpose of owning the stocks of other corporations and controlling the operations of these corporations.

(17) "Person" means either a natural or an artificial person, and includes all partnerships, corporations, limited liability companies, associations, clubs, fraternal orders, religious organizations, or charitable organizations. A separate person exists when a partner in a partnership changes, any member(s) in a limited liability company changes, any shareholder(s) in a closed corporation changes, or 5% or more of the interest in a publicly traded corporation is transferred to or from a single individual.

(18) "Security interest" means an interest that is reserved or created by an agreement that secures payment or performance of an obligation.

(19) "Stranger to the license" means a person who has not both applied for licensure under Title 23, chapter 5, MCA, and these rules, and been approved by the department to hold an ownership interest in that licensed gambling operation.

(20) "Transfer" means to sell, assign, lease, or otherwise convey.

(21) "VGM" means a video gambling machine as defined in 23-5-112, MCA.

(22) "Working day" means every day except Saturdays, Sundays and all state legal holidays enumerated under 1-1-216, MCA.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-112, 23-5-115, 23-5-118, 23-5-176, 23-5-629, 23-5-637, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; TEMP, AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2000 MAR p. 1638, Eff. 6/30/00; AMD, 2006 MAR p. 1735, Eff. 7/7/06; AMD, 2009 MAR p. 2480, Eff. 12/25/09; AMD, 2014 MAR p. 1505, Eff. 7/11/14; AMD, 2017 MAR p. 87, Eff. 1/7/17; AMD, 2017 MAR p. 1893, Eff. 10/14/17; AMD, 2018 MAR p. 1958, Eff. 10/6/18; AMD, 2019 MAR p. 302, Eff. 3/16/19; AMD, 2022 MAR p. 48, Eff. 1/15/22; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.102 Application for Gambling License - License Fee

(1) Every person working or acting as a card dealer, operator, route operator, card room contractor, manufacturer, distributor, manufacturer of electronic live bingo or keno equipment, sports tab game seller, accounting system vendor, or manufacturer of illegal devices, as defined by Title 23, chapter 5, MCA, and by these rules, any nonprofit organization, or any other person required by statute or rule to hold a license issued by the department, must possess a valid license issued by the department. All licenses expire annually at midnight on June 30 unless otherwise provided for in these rules. All owners or owners of an interest, as that term is defined under ARM 23.16.101, are considered applicants for all licensing purposes within this chapter.

(2) An application for a gambling license must be submitted to the Department of Justice, Gambling Control Division, on forms prescribed by the department and described herein. The application is not complete unless it is signed and dated by all or any applicant(s) and contains all information, statements, documentation, and fees required by the department. An applicant applying for a gambling operator license prior to approval of a premises under 23-5-177, MCA, must submit an electronic application.

(3) The application must also contain:

(a) authorization for the examination and release of information for use in assessing a gambling license application;

(b) one or more personal history statements (Form 10), as required in the application;

(c) a complete set of fingerprints, on Form FD-258 provided by the department, obtained and certified by a local law enforcement agency, the department, or a private security company approved by the department for each person required to complete a personal history statement;

(d) any license or processing fee required by Title 23, chapter 5, MCA, or these rules; and

(e) any additional information, statements, or documentation required in the rules applicable to those licenses.

(4) Forms 10 and FD-258 are available at any Gambling Control Division office location, or on the department's web site www.dojmt.gov/gaming .

(5) All required documents must be submitted by the applicant(s) in all new and amended license applications.

History

Authorizing statute(s): 23-5-112, 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-115, 23-5-118, 23-5-128, 23-5-129, 23-5-177, 23-5-178, 23-5-308, 23-5-324, 23-5-513, 23-5-625, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2002 MAR p. 2441, Eff. 9/13/02; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 2333, Eff. 11/24/05; AMD, 2006 MAR p. 1735, Eff. 7/7/06; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2022 MAR p. 1836, Eff. 9/24/22.

Mont. Admin. R. 23.16.103 Investigation of Applicants, Fingerprints to Be Required - Disclosure from Noninstitutional Lender

(1) An applicant for a gambling license must make full disclosure of all information, and provide fingerprints as required by the department, these rules, and Title 23, chapter 5, MCA.

(2) The department may, at its discretion, require additional information, documentation, or disclosure from an applicant for a gambling license.

(3) The department may require any noninstitutional lender to complete a document (Form 13) authorizing examination and release of information and (Form 10) a personal history statement on the lender, fingerprints on a form provided by the department, as well as any contract, statement, or other document from the lender deemed necessary to assess the suitability of an applicant's funding source as required in 23-5-176, MCA. The document must be signed and dated by the lender and attested to by a notary public. Forms 10, 13, and FD-258 are available at any Gambling Control Division office location, or on the department's web site www.dojmt.gov/gaming .

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-112, 23-5-115, 23-5-118, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 2454, Eff. 12/9/05; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2022 MAR p. 1836, Eff. 9/24/22.

Mont. Admin. R. 23.16.104 Processing of Gambling License Application

(1) Upon receipt of an application for a gambling license, the department must make a thorough investigation as to the qualifications of the applicant for licensure. If, upon conclusion of such investigation, the applicant appears qualified under the law, a license must be issued if all requirements of the law and these rules are fulfilled.

(2) If the department issues a gambling operator license prior to approval of a premises under 23-5-117, MCA:

(a) the licensee must, within six months of the license approval, electronically submit an application for premises approval, which the department will investigate under standards outlined in 23-5-117, MCA; and

(b) the licensee may not offer any gambling activity until the premises has been approved.

(3) The department may consider the same matters, conditions, and qualifications for renewal of a gambling license as for the original application.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-117, 23-5-177, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 2019 MAR p. 1860, Eff. 10/19/19.

Mont. Admin. R. 23.16.105 Withdrawal of Application

(1) An applicant may request withdrawal of an application at any time prior to final department action upon the application by filing a written request to withdraw. The department will respond within 30 days of receipt of the applicant's request for withdrawal.

(2) The department may, in its discretion, grant the request with or without prejudice. If the division's decision to grant a request to withdraw an application is made with prejudice, it must be based on a finding that the applicant has engaged or is engaging in an act or practice constituting a violation of a provision of Title 23, chapter 5, MCA, or a rule or order of the department, or that the applicant is a person whom the department determines is not qualified to receive a license under 23-5-176 , MCA, or ARM 23.16.107. This decision is subject to challenge pursuant to the Montana Administrative Procedure Act.

(3) If a request for withdrawal is granted with prejudice, the applicant is not eligible to apply again for licensing or approval until after expiration of one year from the date of the final department action upon the decision to grant the withdrawal of the application with prejudice.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-136, 23-5-176, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97.

Mont. Admin. R. 23.16.106 Electronic Submission of Documents and Electronic Signatures

(1) The department may accept electronic submission of certain documents through the licensing portal.

(2) An electronically submitted document is only complete if:

(a) all requested information is provided; and

(b) the submitter is the applicant, licensee, or an authorized representative of the applicant or licensee.

(3) By electronically submitting a document, the submitter declares, under the penalty, that:

(a) the information submitted is true, correct, and complete; and

(b) the submitter is the applicant, licensee, or an authorized representative of the applicant or licensee.

(4) An electronically submitted document is subject to the same deadlines as a document submitted in paper form.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-115, 23-5-118, 23-5-128, 23-5-129, 23-5-177, 23-5-178, 23-5-308, 23-5-324, 23-5-407, 23-5-409, 23-5-513, 23-5-621, 23-5-625, 23-5-705, MCA
History: NEW, 2014 MAR p. 1505, Eff. 7/11/14.

Mont. Admin. R. 23.16.107 Grounds for Denial of Gambling License, Permit, or Authorization

(1) With respect to any gambling license, permit, or authorization, the department may deny initial issuance, or, if issued, deny renewal or take any action authorized in 23-5-136, MCA, when the department can demonstrate that the applicant or holder of such license, permit or authorization has:

(a) concealed, failed to disclose, or otherwise attempted to mislead the department with respect to any material fact contained in the application or contained in any other information required of or submitted by an applicant or licensee for any licensing purpose;

(b) purposely or knowingly failed to comply with Title 23, chapter 5, MCA, or these rules;

(d) been placed and remains on probation or parole or under deferred prosecution for committing a felony;

(e) purposely or knowingly possessed or permitted to remain in or upon any premises licensed for gambling activity any device designed for the purpose of cheating or manipulating the outcome of any gambling activity or gambling enterprise authorized by Title 23, chapter 5, MCA;

(f) been prohibited by a governmental authority from being present upon the premises of any gambling establishment or gambling enterprise or any establishment where parimutuel wagering is conducted for any reason relating to improper gambling activities or any illegal act;

(g) failed to cooperate with any legislative investigative committee or other officially constituted body acting on behalf of the United States or any state, county, or municipality which seeks to investigate crimes relating to gambling, corruption of public officials, or any organized criminal activities;

(h) failed within a reasonable time to supply records within the applicant's or licensee's control requested by the department in any license or permit application or renewal application, or in any financial audit initiated by the department or ordered through administrative or court action;

(i) had any action taken against a gambling license by any agency of the state of Montana or other jurisdiction, which resulted in a final order declaring a violation or a conviction of any crime which is contrary to the declared gambling policy of the state of Montana;

(j) been voluntarily or involuntarily dissolved as an entity;

(k) failed to meet other qualifications for licensure as set forth in 23-5-176, MCA;

(l) had a gambling license denied for other than technical defects in the application; or

(m) failed to apply for or receive approval of a premises within the timeframe required in ARM 23.16.502.

(2) The department may, in its discretion, deny a license under (1) with or without prejudice. If the division's decision to deny an application is made with prejudice, it must be based on a finding that the applicant has engaged or is engaging in an act or practice constituting a violation of a provision of Title 23, chapter 5, MCA, or a rule or order of the department, or that the applicant is a person whom the department determines is not qualified to receive a license under 23-5-176, MCA, or this rule. This decision is subject to challenge pursuant to the Montana Administrative Procedure Act. Any person whose application has been denied with prejudice is not eligible to apply again for licensing or approval until after expiration of one year from the date of the final department action upon the decision to deny the application with prejudice.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-117, 23-5-176, 23-5-177, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2019 MAR p. 302, Eff. 3/16/19; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.108 Recourse in Cases of Denial or Nonrenewal of Gambling License - Hearing, Judicial Review

(1) Upon completion by the department of its investigation of an applicant's qualifications for licensure, the department shall notify the applicant in writing of its intended action. If the applicant desires a hearing, a written request for a hearing must be submitted to the department within 20 days.

(2) Upon receipt by the department of a written request for hearing, all proceedings involving the denial or nonrenewal of a gambling license shall be conducted in accordance with the Montana Administrative Procedure Act and the Attorney General's Model Rules of Procedure. The applicant shall notify the appointed hearing officer whether the applicant waives or invokes the confidentiality requirements of 23-5-115 , MCA.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.109 Renewal of Gambling License

(1) Renewal of an existing gambling license must be accomplished by submitting a renewal application on forms prescribed by the department. A renewal application is not complete unless it is signed and dated by the applicant and contains all information, statements, and documentation required by the department.

(2) Any renewal or annual fee required by Title 23, chapter 5, MCA, or these rules, must accompany each renewal application.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-177, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1997 MAR p. 404, Eff. 2/25/97.

Mont. Admin. R. 23.16.110 Associated Gambling Business License

(1) Except where licensure is required by Title 23, chapter 5, MCA, or under these rules, an associated gambling business license is a license the department may issue to a person or entity whose business provides products or services to a licensed gambling business and:

(a) possesses or maintains control over gambling equipment or devices;

(b) has access to gambling related trade secrets, or proprietary, confidential, or tax information; or

(2) An applicant for an associated gambling business license must submit to the department:

(a) an application using Form 17, with special instructions, and Form FD-258, which are available at any Gambling Control Division office location, or on the department's web site www.dojmt.gov/gaming ;

(b) Form 10 for all applicants as described in ARM 23.16.102;

(c) a complete set of fingerprints, on Form FD-258 provided by the department, obtained and certified by a local law enforcement agency, the department, or a private security company approved by the department, for each person required to complete a personal history statement;

(d) financial statements for the applicant's business as described in ARM 23.16.502; and

(e) a check or money order for $1,100 made payable to the State Treasurer, which includes payment for the:

(i) $100 annual license fee; and

(ii) $1,000 processing fee to cover the actual cost of processing the license.

(3) Based on the actual cost incurred by the department in determining whether the applicant qualifies for licensure, the department will refund any overpayment of the processing fee or collect an amount sufficient to reimburse the department for any underpayment of actual costs. If an applicant withdraws the application after the department has begun processing the application, the department will refund any amount not expended as of the date of withdrawal.

(4) The department may waive the application and processing fee if the applicant is licensed as an operator, distributor, manufacturer of legal or illegal devices, or a route operator, and if the applicant is substantially the same and has not added strangers to the license.

(5) The provisions of this rule do not apply to professionals such as attorneys or accountants when they are retained in their professional capacity by licensees and may have access to gambling related trade secrets, or proprietary, confidential, or tax information. Where a gambling related business is given access to gambling related trade secrets or proprietary or confidential information in order to produce a product or service to be made available for sale to licensees in this state, and the department requires that business possess an associated gambling business license, those requirements are provided for under separate rule.

History

Authorizing statute(s): 23-5-112, 23-5-115, 23-5-178, MCA
Implementing statute(s): 23-5-115, 23-5-178, MCA
History: NEW, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2022 MAR p. 1836, Eff. 9/24/22.

Mont. Admin. R. 23.16.111 Reapplication Rule

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94, REP, 1997 MAR p. 404, Eff. 2/25/97.

Mont. Admin. R. 23.16.115 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-118, 23-5-176, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94, REP 1997 MAR p. 404, Eff. 2/25/97.

Mont. Admin. R. 23.16.116 Transfer of Interest Among Licensees

(1) Except as provided in (9) and (10), an existing owner of a licensed gambling operation may transfer an ownership interest to another existing owner of that same licensed gambling operation without receiving prior Gambling Control Division approval. Upon the licensee's next license renewal application, the licensee must file with GCD the form(s), information, and records required by the applicable section of this rule.

(2) Gambling activity may continue pending the outcome of a license investigation for a proposed transfer of ownership due to the death of a licensee under joint tenancy with right of survivorship as long as the person to whom the interest is transferred is already listed as an owner in the licensed operation and joint tenancy had been documented and approved in the original license application. The transfers must be reported on Form 37-39 along with the following documents:

(a) death certificate;

(b) will of the deceased, if any; and

(3) Gambling activity may continue pending the outcome of a license investigation for the proposed transfer of ownership in a licensed operation resulting from divorce as long as the spouse to whom an interest is transferred has already been approved and listed as an owner of that license. These types of proposed transfers must be reported on Form 37-39 along with the following documents:

(a) court decree of dissolution of marriage;

(b) source of funding documents, if any, if the transfer requires a buyout, e.g., bank statements supporting cash payments, loan and security agreements, installment payment agreement, etc.;

(d) if the transferring spouse will no longer be a licensee, copies of letters or other documents from lenders, landlords, or other parties to whom the licensee is obligated, which release the spouse from primary responsibility for the obligation, although the transferring spouse may still guarantee the obligation;

(e) if the transferring spouse is no longer a licensee, an updated bank signature card; and

(f) if the licensed entity is a corporation, copies of the cancelled and newly issued stock certificates.

(4) Gambling activity may continue pending the outcome of a license investigation for a proposed transfer of ownership in a licensed operation by gift among licensees. This type of proposed transfer must be reported on Form 37-39 along with the following documents:

(a) gifting statement which provides the names of the parties, the intent of the parties, and the percentage ownership to be transferred through the gift;

(b) copy of the licensee's most recent financial statements or tax return; and

(5) Gambling activities may continue pending the outcome of a license investigation for a proposed transfer of ownership in a licensed operation from a sale and purchase among owners of that license. This type of transfer must be reported on a Form 37-39 along with the following documents:

(a) transfer documents that include all terms of sale/transfer;

(b) if the licensed entity is a corporation, copies of the cancelled and newly issued stock certificates;

(c) source of funding documents for the purchase, e.g., bank statements supporting cash payments, loan and security agreements, installment payment agreements, etc.;

(d) copy of licensee's most recent financial statements or tax return;

(e) if the seller/transferor will no longer be a licensee, copies of letters or other documents from lenders, landlords, or other parties to agreements with which the licensee is obligated, which release the seller from primary responsibility for the obligation, although the seller/transferor may still guarantee the obligation; and

(f) if the seller is no longer on the license, an updated bank signature card.

(6) The department may conduct an investigation to determine whether the proposed transfer meets the licensure requirements in 23-5-176, MCA, and department rules. In any case of the transfer of an ownership interest among existing owners, before approving the transfer, the department must determine that the transferred ownership interest is independently exercised by the new owner and does not remain under the control of the transferor.

(7) Within 60 days after receiving the completed amended application, the department shall approve the proposed transfer by issuing an amended gambling license or notify the parties involved of the denial of the license or other appropriate action.

(8) The department may not charge any additional annual gambling license or machine permit fees.

(9) The provisions of this rule do not apply to the transfer of a security interest in a licensed gambling operation.

(10) Transfers of an ownership interest that result in any ownership in a publicly traded corporation shall be subject to the provisions of ARM 23.16.131. The department may act under 23-5-136, MCA, if it determines that the transfer violates Montana gambling law or the rules in this chapter.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-118, 23-5-176, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2009 MAR p. 2480, Eff. 12/25/09; AMD, 2010 MAR p. 1732, Eff. 7/30/10; AMD, 2017 MAR p. 87, Eff. 1/7/17; AMD, 2022 MAR p. 48, Eff. 1/15/22; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.117 Transfer of Interest to New Owner

(1) Except as provided in (7), (8), (9), and (10), an ownership interest may not be transferred to a stranger to the license until a new gambling license application reflecting the proposed transfer is submitted to the department and the department approves the transfer.

(2) The gambling license application must include:

(a) the annual license fee, if applicable, and the processing fee required for the specific license; and

(b) a copy of the proposed agreement to transfer the interest.

(3) The department shall conduct an investigation to determine whether the proposed transfer meets the licensure requirements in 23-5-176, MCA, and department rules. In any case of the transfer of an ownership interest to a new owner, the department must determine that the transferred ownership interest will be independently exercised by the new owner and will not remain under the control of the transferor before approving the transfer.

(4) Within 90 days after receiving the completed application, the department shall approve the proposed transfer by issuing a gambling license, notify the applicant of the denial of the license, or take other action.

(5) After the gambling license has been issued, the department shall issue the appropriate gambling permits to the licensee upon submission of completed applications and payment of permit fees.

(6) A certificate, stock, or other evidence of ownership may be obtained for the licensee's records but not executed until the date the gambling license has been issued by the department.

(7) The provisions of this rule do not apply to the transfer of a security interest in a licensed gambling operation.

(8) Transfers of ownership in a licensed gambling operation resulting from foreclosure on a contract for deed or other instrument of transfer require submission of an application as described as follows:

(a) Gambling activity may continue pending the outcome of a license investigation for a proposed transfer of ownership interest resulting from foreclosure under the following conditions:

(i) the party foreclosing has had no change in ownership since last licensed, and is the licensee's immediate predecessor;

(ii) the foreclosing party is suitable for licensure;

(iii) all applicable permit fees are paid; and

(iv) the former licensee has notified the department of the foreclosure at the time the foreclosure is executed; notification must be made within five working days of execution and an application must be received by the department within 30 working days following notification; failure to notify the department within this time frame may result in department action to cause gambling operations to cease immediately, and:

(A) the foreclosure takes place within two years following the sale, in which case an amended license application may be submitted on a Form 37-39, together with a personal history statement (Form 10) for each person applying for licensure, and a complete set of fingerprints (Form FD-258) obtained and certified by a local law enforcement agency, the department, or a private security company approved by the department, for each person required to complete a personal history statement, and a copy of the licensee's most recent financial statements or tax returns; or

(B) the foreclosure takes place more than two years but fewer than five years following the sale, a new license application is required, including all applicable fees, as long as the owner meets the criteria contained in (8)(a)(i), (ii), (iii), and (iv).

(b) Transfers resulting from foreclosure that do not meet all of the conditions set forth in (8)(a) require a new license application to be filed and gambling activities to cease pending approval of the application.

(9) Transfers of control of a licensed gambling operation into a receivership, trust, an estate mandated by court order, or to an attorney in fact actually exercising control under a power of attorney require an amended application to be filed. The transfer of ownership interest to an estate that results from the death of a licensee may be reported on Form 37-39.

(a) Under this circumstance, gambling activity may continue pending the outcome of the license investigation if the following documents are submitted and determinations are made:

(i) documentation of the event precipitating the transfer of the licensed gambling operation into a receivership, trust, or estate, e.g., death certificate;

(ii) documents naming/appointing a person to exercise control, e.g., receiver, personal representative, trustee, or attorney in fact;

(iii) personal history statement (Form 10), as that form is described in ARM 23.16.102, for the person designated to act in the capacity of a receiver, or trustee, or attorney in fact;

(iv) a complete set of fingerprints, Form FD-258 provided by the department, obtained and certified by a local law enforcement agency, the department, or a private security company approved by the department for each person required to complete a personal history statement; and

(v) a copy of the licensee's most recent financial statements or tax returns; and

(vi) the department determines the receiver or attorney in fact is suitable to hold or own a license.

(b) Upon the dissolution or termination of a receivership, trust, estate, or power of attorney licensed under (9), if ownership interests are distributed to strangers to the license, a new license application must be filed and all applicable rules and procedures must be followed.

(c) If ownership interests are transferred to existing owners following the dissolution of a receivership, trust, or estate, an amended license application must be filed.

(10) Transfers that result in any ownership interest in a licensed gambling operation held by a publicly traded corporation may occur prior to approval under the provisions of ARM 23.16.131.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-118, 23-5-176, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2009 MAR p. 2480, Eff. 12/25/09; AMD, 2011 MAR p. 2628, Eff. 12/9/11; AMD, 2017 MAR p. 87, Eff. 1/7/17; AMD, 2022 MAR p. 48, Eff. 1/15/22; AMD, 2024 MAR p. 472, Eff. 3/9/24; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.118 Escrow Required

(1) Except as provided in (3), money or any other thing of value constituting consideration for transferring an interest in a licensed gambling operation to a stranger to the license may not be paid, received, or used until the provisions of ARM 23.16.117 have been met. However, the funds may be placed in escrow pending compliance with these provisions.

(2) Except as provided in ARM 23.16.120, a loan, pledge, or similar transaction between the parties to the proposed transfer or with other parties associated with the transfer may be deemed a violation of this rule.

(3) Funds related to the transfer of an interest in a licensed gambling operation may be exchanged or released from escrow when temporary gambling authority is granted under ARM 23.16.509.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-118, 23-5-176, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.119 Participation in Operations

(1) Except as provided in ARM 23.16.509, a stranger to the license who proposes to acquire an ownership interest in a licensed gambling operation may be employed by the operation, but may not control or participate in any capacity reflecting ownership in that operation until the applicant's license has been approved by the department as provided for in ARM 23.16.117.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-118, 23-5-176, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2016 MAR p. 886, Eff. 5/21/16; AMD, 2022 MAR p. 48, Eff. 1/15/22; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.120 Loans and Other Forms of Financing

(1) Except as provided in (4), (5), (6), and (7), if a gambling licensee or license applicant proposes to acquire a loan or other forms of financing from a noninstitutional source for use in his licensed gambling operation or grant a security interest to a noninstitutional source, the department must approve the contract or security interest transfer before any funds from the loan or financing may be received or expended by the licensee or license applicant and before the security interest may be transferred.

(2) Except as provided in (4) and (5), a gambling licensee proposing to lend money to or acquire a security interest from, another gambling licensee must receive written confirmation of department approval of the loan, or security interest transfer before any funds from the loan may be transferred to or expended by the borrower licensee and before the security interest may be transferred.

(3) All licensees who propose to acquire loans or grant security interests in their licensed gambling operation, must notify the department in writing prior to acquiring the loan from a noninstitutional source, or transferring a security interest to a noninstitutional source. The notice, which is to be signed under oath, must include:

(a) the names and addresses of all parties to the loan or transfer;

(b) the amount and source of the loan funds or amount and source of the funds used to acquire the security interest;

(d) the purpose of the loan or transfer of the security interest.

(4) Prior department approval is not required on loans made to gambling operator licensees from route operators for the purpose of establishing a video gambling machine change bank (pool of funds out of which the operator can make change and pay out prizes on valid video gambling machine ticket vouchers) under the following conditions:

(a) the route operator submits a list of licensed gambling operators for which he will be providing a change bank loan and the amount of each change bank;

(b) the route operator enters into a written agreement with the gambling operator, signed by both parties, providing notification to the gambling operator that the loan proceeds may only be used to make change or to pay out prizes on valid video gambling machine ticket vouchers and that the use of the proceeds for any other purpose is a violation of the gambling laws and rules;

(c) at least twice each month, the route operator must reconcile the amount of prizes paid out with the cash remaining in the change bank. If the amount of prizes paid out cannot be reconciled with the cash remaining in the change bank, the route operator must analyze and document the difference. Any material differences must be immediately reported to the department. (For the purposes of this rule, material difference means any amount greater than 5% of the value of the change bank loan or $100, whichever is less.) A record of the reconciliations and analysis of material differences must be maintained for a minimum of 12 full quarters from the previous quarterly tax return due date; and

(d) failure to maintain adequate records or notify the department of material differences and investigations findings will subject the route operator to administrative action.

(5) Prior department approval is not required on loans made between closely related licensed operators under the following conditions:

(a) both licensed operators must have the same majority ownership. For the purposes of this rule the "same majority ownership" means the same individual or group of individuals owning a greater than 50% interest in both licensed operations;

(b) the operators submit a list of operations to which loans may be made and from which loans may be received;

(d) the borrower and lender's financial records accurately reflect the transaction as a loan payable and receivable. Any balance due upon renewal not previously reported on license renewal forms must also be reported on the license renewal application; and

(e) failure to maintain adequate records or notify the department of material differences will subject the licensees to administrative action.

(6) Prior department approval is not required for accounts payable incurred for the purpose of acquiring nongambling inventories, supplies and other materials or equipment under the following conditions:

(a) the payable does not require the transfer of a security interest in any assets of the licensed operation other than the product(s) purchased;

(b) the terms of repayment are of a short term nature, less than one year;

(d) the sale of such products is in the seller's normal course of business;

(e) a copy of the loan agreement or, in the case of a transfer of a security interest, the agreement precipitating the transfer, and a copy of the agreement to transfer the security interest or uniform commercial code document filed with the Secretary of State to record the transfer; and

(f) all such financing must be disclosed at the time of license renewal.

(7) Prior department approval is not required on loans to a licensed entity by an approved (licensed) owner of the entity (shareholder, member, partner) under the following conditions:

(a) the loan is used to meet an obligation of the licensed entity that cannot be met with its existing operating accounts and reserves;

(b) the funds loaned to the licensed entity must be those of the owner. The funds cannot have been borrowed by the owner from any other source;

(c) the loan must be memorialized by an agreement between the licensed entity and owner. The loan agreement must meet the department's evaluation standards;

(d) the borrower and lender's financial records must accurately reflect the transaction;

(e) any balance due upon renewal not previously reported on license renewal forms must be reported on the license renewal application; and

(f) failure to maintain adequate records of the transaction or source of funds loaned will be considered a violation of this rule.

(8) Prior department approval is not required for "cash equivalent sales" payables incurred for the purpose of acquiring video gambling machines under the following conditions:

(a) the seller of the machines is a licensed video gambling machine manufacturer or distributor;

(b) the payable does not require the transfer of a security interest in any assets of the licensed gambling operation other than the video gambling machines purchased;

(d) the term of repayment does not exceed 365 days.

(9) The provisions of (8) do not apply to video gambling machine retail installment sale agreements or conversions from a "cash equivalent" sale to a retail installment sale agreement.

(10) The department may disapprove the loan or transfer of the security interest if it determines that the loan or transfer or the agreement(s) involves an unsuitable source of financing or otherwise violates any statute or rule.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-118, 23-5-176, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 2441, Eff. 9/13/02; AMD, 2003 MAR p. 1282, Eff. 6/27/03; AMD, 2009 MAR p. 2480, Eff. 12/25/09; AMD, 2011 MAR p. 146, Eff. 2/11/11.

Mont. Admin. R. 23.16.121 Leasing of License Prohibited

(1) A gambling license or permit is a privilege personal to the gambling licensee and may not be leased, assigned, or transferred to another person.

(2) The department's examination to determine the existence of a lease or other similar arrangement includes, but is not limited to, the following factors:

(a) the nature of various employment relationships (e.g., "lessee"/"lessor", "lessee"/gambling-related employees, "lessor"/gambling-related employees) ;

(b) responsibility for liabilities (e.g., payment of taxes, insurance, rent; liability for injury; violations of law) ;

(d) eventual transfer of business; and

(e) any other evidence indicating the existence of a lease or other method of conveyance.

(3) This rule does not prohibit a licensed operator from entering into an agreement with a licensed card room contractor to operate one or more live card game tables on the operator's premises.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-110, 23-5-159, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1998 MAR p. 1176, Eff. 5/1/98.

Mont. Admin. R. 23.16.122 Loan Evaluation - Guarantor Payments

(1) The department will evaluate a transaction to determine if it is a loan using standards in the Uniform Commercial Code, the Internal Revenue Code, and generally accepted commercial lending practices. Loans will also be evaluated in the context of overall financing of the business to determine that a loan rather than an ownership interest exists and that the contract does not grant the lender control of the licensed operation.

(2) For loans made to a license applicant or licensee, a noninstitutional lender may require loan guarantees and may secure guarantee agreements with assets of the guarantor. The license applicant or licensee must ensure the following requirements are met:

(a) guarantors must meet the requirements of 23-5-176, MCA, prior to closing the noninstitutional loan;

(b) a loan guarantor on a noninstitutional loan must within 90 days of any payment under the guarantee elect to treat payments made under a guarantee agreement as loans, paid in capital, or other equity contributions.

(i) If the guarantor elects to treat the payments as loans to the licensee, the licensee must follow requirements for disclosing noninstitutional lenders found in ARM 23.16.120(7).

(ii) If the guarantor elects to treat payments as an equity contribution, and such election changes the percentage of ownership in the license, an amended license application must be filed with the department at the time of the election to disclose the change.

(3) A gambling license applicant with a loan from a regulated lender, that was acquired prior to receiving a gambling license, must disclose that loan, including all coborrowers, guarantors, or pledgors, to the department in the application.

(4) A gambling licensee that acquires a loan from a regulated lender must disclose that loan, including all coborrowers, guarantors, or pledgors, no later than the first license renewal following the licensee's receipt of funds under the loan.

(5) A licensee with a loan from a regulated lender must, within 90 days of a coborrower's, guarantor's, or pledgor's payment on the loan, submit to the department on Form 45 all mandatory disclosures and related documentation.

(6) A licensee participating as a coborrower, guarantor, or pledgor, in a nonlicensee's loan from a regulated lender, must disclose to the department that loan and all parties to the loan no later than the first license renewal following closing of the loan. Following that disclosure, each party to the loan must undergo a suitability investigation by the department under 23-5-176, MCA. The licensee may not make a payment on the borrower’s loan until the department has determined all parties meet the requirements of 23-5-176, MCA.

(7) A licensee participating as a coborrower, guarantor, or pledgor, in a nonlicensee's loan from a regulated lender must, within 90 days of a making a payment on the borrower's loan, submit to the department on Form 45 all mandatory disclosures and related documentation.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 16-4-801, 23-5-110, 23-5-115, 23-5-118, 23-5-176, MCA
History: NEW, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2010 MAR p. 1732, Eff. 7/30/10; AMD, 2017 MAR p. 1893, Eff. 10/14/17; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.125 Change of Alcoholic Beverage License Type

(1) Except as otherwise required by ARM 23.16.116 or ARM 23.16.117, when an owner of a gambling operator license changes the type of alcoholic beverage license, the owner must submit an amended gambling license application on Form 39 and obtain department approval.

(2) The department may conduct an investigation to determine whether the proposed change of the license type meets the licensure requirements in 23-5-176, MCA, and department rules.

(3) The applicant may continue to operate during the time the amended application is being processed.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-119, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2003 MAR p. 1282, Eff. 6/27/03; AMD, 2009 MAR p. 2480, Eff. 12/25/09; AMD, 2011 MAR p. 2628, Eff. 12/9/11; AMD, 2019 MAR p. 302, Eff. 3/16/19.

Mont. Admin. R. 23.16.126 Change of Location

(1) Except as otherwise required by ARM 23.16.116 or 23.16.117, when an owner of a gambling operator license changes the location of the alcoholic beverage license, the owner must submit an amended gambling license application and obtain department approval.

(2) A licensed manufacturer, distributor, or route operator may report a change of location on a Form 37-39 amended application.

(3) The department may conduct an investigation to determine whether the proposed change meets the licensure requirements in 23-5-176, MCA, and department rules.

(4) The gambling operator may continue to operate at the current location during the time the amended application is being processed.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-117, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2009 MAR p. 2480, Eff. 12/25/09; AMD, 2011 MAR p. 2628, Eff. 12/9/11; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.127 Change in Business Entity Type

(1) Except as otherwise required by ARM 23.16.116 or 23.16.117, when the owner of a gambling operator license proposes a change in business entity, the owner must submit an amended gambling license application on Form 37-39 and obtain department approval.

(2) The department may conduct an investigation to determine whether the proposed change meets the licensure requirements in 23-5-176, MCA, and department rules.

(3) The applicant may continue to operate during the time the amended application is being processed.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-118, MCA
History: NEW, 2011 MAR p. 2628, Eff. 12/9/11; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.130 Transfers of Ownership Interests in Locations That Do Not Possess an on Premises Consumption Alcoholic Beverage License Grandfathered for the Purpose of Obtaining Permits to Operate Video Gambling Machines

(1) The two types of locations that do not possess an on premises consumption alcoholic beverage license and were grandfathered for the purpose of obtaining permits to operate video gambling machines are distinguished for the purpose of transferring ownership of the location. Premises operated for the principal purpose of gaming may be sold, assigned or transferred to a stranger to the license and retain the right to obtain video gambling machine permits. Ownership interests in premises that were not operated for the principal purpose of gaming cannot be sold, assigned or transferred to a stranger to the license and maintain the ability to permit video gambling machines.

(2) Both gaming and nongaming premises may transfer ownership of the licensed gaming operation to another form of business organization and retain the right to permit video gambling machines as long as no individuals who are strangers to the license are assigned an ownership interest.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-306, 23-5-611, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.131 Transfer of Licenses with Publicly Traded Corporation or Investment Company Ownership

(1) An existing owner of a licensed gambling operation may not transfer an ownership interest to a publicly traded corporation or investment company that is a stranger to the license without receiving prior Gambling Control Division approval with the following conditions:

(a) Whenever a change in ownership results in a publicly traded corporation or investment company receiving an ownership interest of 5% to 14.99%, the licensee shall file with the department a complete Form 37/39, including all required documents and fees, and SEC schedule 13(d) or 13(g) if applicable.

(2) An existing owner of a licensed gambling operation may transfer an ownership interest to a publicly traded corporation or investment company that is an existing owner of that same licensed gambling operation without receiving prior Gambling Control Division approval under the following conditions:

(a) Whenever a change in ownership results in an ownership interest in a publicly traded corporation or investment company changing from less than 5% to 5% to 14.99%, the licensee shall file with the department a complete Form 37/39, including all required documents and fees, and SEC schedule 13(d) or 13(g), upon the licensee’s next license renewal application.

(b) Whenever a change in ownership results in an ownership interest by a publicly traded corporation or investment company changing from less than 15% to 15% or greater, the licensee shall file with the department a complete Form 5 or Form 17, including all required documents and fees, and SEC schedule 13(d) or 13(g) if applicable, upon the licensee’s next license renewal application.

(3) Whenever a change in ownership results in an ownership interest by a publicly traded corporation or investment company that is less than 5%, no notification is required.

(4) The department may request information from other state gambling control agencies and consider information obtained from other state gambling control agencies in determining suitability for the publicly traded corporation or investment company to retain any ownership interest transferred pursuant to this rule.

(5) The department may act under 23-5-136, MCA, if it determines that the transfer violates Montana gambling law or the rules in this chapter.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-112, 23-5-115, 23-5-118, 23-5-176, MCA
History: NEW, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Subchapter 23.16.2 Gambling, Generally

Mont. Admin. R. 23.16.201 Inspection of Licensed Premises, Records, and Devices

(1) Any licensed premises where gambling-related activity is conducted or any premises connected to the operation of a licensed gambling-related activity shall at all times during normal business hours be open to inspection by the department or local law enforcement official in order to determine compliance with the law of Montana and rules of the department.

(2) At any time during which a licensed gambling activity is being operated upon a premises, the department may enter upon the premises without advance notice and:

(a) inspect the records related to the operation of any licensed gambling activity;

(b) inspect, including the dismantling and reassembly of, all pieces of equipment and parts thereof, or devices of any nature which are being used to conduct the licensed activity; and

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.202 Credit Play Prohibited

(1) Except as provided in (2) and 23-5-413, MCA, all gambling or gambling activity must be played on a cash basis. No credit may be extended to any player. Consideration to play a game of chance must be paid in full, in cash, in advance of any play.

(2) Players may tender, and sponsors or licensees may accept, payment by cash, check, electronic check (e-check), or debit card for entry in Calcutta pools as provided in 23-5-222, MCA, raffles as provided in 23-5-413, MCA, casino nights as provided in 23-5-702, MCA, and card games normally scored using points as provided in Title 23, chapter 5, part 3, MCA.

(3) No operator may grant a loan of any kind at any time to a player or permit a deferred payment including post-dated checks or engage in any similar practice. A check or debit card used to obtain cash on the premises of a licensed operator must be delivered and accepted unconditionally. An operator may not accept or hold a check, credit card, or debit card pending the outcome of a gambling activity. An operator may not accept cash from the person who wrote the check to repurchase a check previously cashed on the premises, unless the cash is tendered by noon on the day following the date written on the check.

(4) All checks issued to a gambling operator for cash to participate in a gambling activity must be fully completed by the drafter (owner of the account). A completed check must include the name of the gambling licensee to whom it is payable, the amount of the check, the date upon which it was written, and the signature of the drafter. Evidence of a gambling licensee's routine pattern or practice of accepting checks omitting one or more of these elements raises a disputable presumption under ARM 23.16.3001 of illegal credit gambling.

(5) Checks returned from a banking institution labeled "dishonored" or "non-sufficient funds" are not subject to the same date requirements of this rule.

(6) A licensee may accept debit cards to provide cash to customers for gambling purposes. The customer must present the debit card and the cardholder must enter a PIN number.

(7) No licensee may accept credit cards for cash advances or the sale of items that may be redeemed for cash, such as gambling chips, money orders, checks, electronic checks (e-checks), vouchers, travelers' checks, wire transfers, or gift cards. The sum of a credit card transaction may not exceed the actual price charged for food, beverages, items offered for sale, tax where applicable, any service tip offered to and retained by the licensee's staff plus any credit card transaction fee charged the customer.

(8) Any merchandise or services purchased from a licensee with a credit card may be refunded or reimbursed through an adjustment to the customer's credit card account, and not by a cash refund unless, as provided in 30-14-108(4), MCA, the gift card was originally purchased for an amount in excess of $5 and the amount remaining on the card is less than $5.

(9) The play of authorized card games which are normally scored using points is not considered credit gambling.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-157, MCA
History: NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2005 MAR p. 2248, Eff. 11/11/05; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2017 MAR p. 1893, Eff. 10/14/17; AMD, 2019 MAR p. 302, Eff. 3/16/19; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.203 Administrative Procedure

(1) The department is authorized to investigate gambling activities, alleged violations of Title 23, chapter 5, MCA, and these rules, and all applications for licenses, permits, authorizations, and registrations. The department may inspect records and audit financial activities bearing on holders of, or applicants for, any gambling license, permit, authorization, or registration. Upon completion by the department of its investigation of any matter within its jurisdiction, the department shall notify the person involved of its intended action. A person desiring a hearing to challenge the intended action must submit a written request to the department within 20 days as provided in ARM 23.16.108.

(2) If the subject of an investigation fails within a reasonable time to supply the department with records specifically requested by the department and within the subject's control, the department may complete its investigation by:

(a) denying the license, permit, authorization, or registration that is the subject of the investigation; and/or

(b) taking any action authorized in 23-5-136, MCA.

(3) Upon receipt by the department of a written request for hearing, all proceedings shall be conducted in accordance with the Montana Administrative Procedure Act and the Attorney General's Model Rules of Procedure.

(4) If requested, judicial review shall be conducted in accordance with 23-5-137, MCA, and the Montana Administrative Procedure Act. In cases of conflict, 23-5-137, MCA, shall prevail.

(5) This rule does not apply to temporary cease and desist orders issued by the department under 23-5-136, MCA.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-113, 23-5-115, 23-5-136, 23-5-628, MCA
History: NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2019 MAR p. 302, Eff. 3/16/19.

Mont. Admin. R. 23.16.204 Procedure for Admission of Hearsay Evidence

(1) Notwithstanding any provision of the Montana Administrative Procedure Act or the Attorney General's Model Rules of Procedure to the contrary, hearsay evidence may be submitted in a proceeding before the Gambling Control Division if it meets the requirements of 23-5-138, MCA. The evidence must be submitted to the hearing examiner and to the respondent at least 30 days before the hearing at which it is to be considered. The evidence must be accompanied by a motion and if necessary a supporting brief. The respondent shall be given an opportunity to object to the evidence and request a prehearing conference at which its admissibility is considered. The hearing examiner shall issue a written ruling on the admissibility of the evidence at least ten days prior to the hearing in the matter.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-138, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94.

Mont. Admin. R. 23.16.206 Public Disclosure of Information

(1) Except as provided in (2) and the Criminal Justice Information Act (Title 44, chapter 5, MCA), the department shall release information in its possession upon a case-by-case evaluation of whether the individual right to privacy clearly exceeds the merits of public disclosure.

(2) With regard to information obtained in the application or tax reporting processes, the department shall release information in conformance with 23-5-115, MCA, and 23-5-116, MCA.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-116, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.209 Illegal Gambling Devices

(1) The following definitions apply for this rule:

(a) the terms "illegal gambling device" and "public gambling" have the definitions found in 23-5-112, MCA; and

(b) the term "museum" means a facility or registered historic site, whether publicly or privately owned, where objects of historic, scientific, artistic, or cultural interest are exhibited or demonstrated to the public.

(2) An illegal gambling device may not be:

(a) possessed, sold, or exchanged for value except as allowed by 23-5-152, MCA; or

(b) operated by any person to offer public gambling.

(3) An illegal gambling device displayed in a public place other than a museum must be:

(a) displayed in a manner so that it is not accessible for public use; and

(b) rendered permanently inoperable for purposes of conducting a gambling activity in the following manner:

(i) If the device is a punchboard, pull tab, or similar device, it must have all punches removed or be permanently sealed to prevent a person from selecting, punching, or breaking open a ticket, board, or card.

(ii) If the device is a roulette wheel, craps table, slot machine, or other similar illegal gambling device, all moveable parts must be welded or otherwise rendered permanently inoperable, or the entire device must be enclosed in a permanently sealed case.

(4) A licensed gambling operator shall notify the department in writing before displaying an illegal gambling device or an antique illegal gambling device on the licensed premises.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-112, 23-5-152, 23-5-153, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2007 MAR p. 848, Eff. 6/22/07; AMD, 2007 MAR p. 1544, Eff. 10/5/07; AMD, 2019 MAR p. 1860, Eff. 10/19/19.

Mont. Admin. R. 23.16.210 Antique Gambling Devices

(1) The terms antique gambling device and public gambling have the definitions found in 23-5-112, MCA.

(2) An antique gambling device may be operated only:

(a) for public gambling by a licensed gambling operator if the device is a VGM permitted as required by law; or

(b) in a private residential dwelling for purposes other than public gambling.

(3) A licensee or nonlicensee may possess an antique gambling device that is not permitted as a VGM or that does not qualify for a permit. The device may be displayed in a public setting, but the device must not be offered for play and must be:

(a) inaccessible to the public by restricted placement, glass enclosure, or other effective physical barriers to reach; or

(b) rendered inoperable for purposes of conducting a gambling activity.

(4) A licensed gambling operator shall notify the department in writing before displaying an antique gambling device on the licensed premises.

(5) An antique gambling device may be offered for sale, subject to the restrictions of 23-5-153, MCA, and all other applicable federal, state, and tribal laws.

(6) To qualify as an antique gambling device, a device must conform to the age standards set forth in 23-5-112, MCA, and the proof standards set forth in 23-5-153, MCA. An antique gambling device may be restored but:

(a) must possess mostly original cabinet parts, castings, and components; and

(b) the mechanical mechanism or electronic components must be substantially original in parts and design.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-112, 23-5-152, 23-5-153, MCA
History: NEW, 2019 MAR p. 1860, Eff. 10/19/19.

Subchapter 23.16.3 Shake-A-Day Games

Mont. Admin. R. 23.16.301 Shake-a-Day Games

(1) All shake-a-day games are subject to these general rules:

(a) only establishments licensed for the sale of alcoholic beverages to be consumed on the premises may offer shake-a-day games;

(b) the price per play may not exceed 50 cents;

(d) the player must be allowed to choose the pot or pots the player plays;

(e) no more than five dice may be used;

(f) a gambling operator may offer noncash prizes for a winning combination, but the gambling operator may not award an additional roll of the dice; and

(g) the licensee must record and retain for 90 days the winner's name and contact information, the date, and the amount won.

(2) Cash in a shake-a-day pot is subject to the following provisions:

(a) the establishment may contribute cash to initially fund the pot, but that contribution may not be removed to reimburse the licensee;

(b) the establishment may not remove money from a pot for any reason, including reimbursing the licensee for noncash prizes such as drinks or merchandise awarded to players;

(d) the pot collected in each shake-a-day game must be kept separate from other shake-a-day pots and the establishment's other cash;

(e) the establishment may secure a pot on the premises, but the cash must be available to all employees and immediately paid to the winning player; and

(f) except for a predetermined percentage held back to fund a following game, the winner must receive all of the cash in a pot.

(3) Each establishment offering a shake-a-day game must clearly post the rules of the house games, which must include:

(a) price per play for each pot, which may not exceed 50 cents;

(b) the total cash in the pot, updated daily;

(d) the percentage of the pot retained from a win to be used to fund the next game.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-160, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Subchapter 23.16.4 Card Dealer Licenses

Mont. Admin. R. 23.16.401 Application for Card Dealer License

(1) Applications for card dealer licenses (Form 4) are available on the department's website ( www.dojmt.gov/gaming ), from a local Gambling Control Division office, or from a local Motor Vehicle Division office.

(2) An applicant for a card dealer license must first appear in person and present government-issued identification to an authorized representative of the Motor Vehicle Division. Upon confirmation of the applicant's identity, the authorized representative of the Motor Vehicle Division must obtain a photograph and signature of the applicant.

(3) An applicant for a card dealer license must next submit a completed application to the Department of Justice, Gambling Control Division. The application is not complete unless it contains:

(a) a card dealer application (Form 4) with all required information, signed and dated by the applicant;

(b) two original sets of fingerprints to be obtained from and certified by a local law enforcement agency;

(d) the license fee and fingerprint processing fee.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-308, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 2454, Eff. 12/9/05; AMD, 2007 MAR p. 848, Eff. 6/22/07; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2019 MAR p. 302, Eff. 3/16/19.

Mont. Admin. R. 23.16.402 Card Dealer License

(1) A card dealer license issued by the department will contain the licensee's:

(a) photograph;

(b) first name, middle initial, and last name; and

(2) Card dealer licenses expire according to the following schedule:

(a) card dealers holding valid licenses on March 16, 2019, retain their expiration; and

(b) card dealer licenses issued or renewed after March 16, 2019, will expire on June 30 of each year.

(3) A card dealer on duty in a licensed gambling premises:

(a) must wear and display in a prominent manner a valid card dealer license issued to the card dealer; and

(b) must comply with any player's or law enforcement officer's request to inspect the dealer's license.

(4) A card dealer's license is nontransferable and may not be worn or displayed by any person other than the named licensee. In the case of a violation of this rule:

(a) a federal, state, or local law enforcement officer charged with the responsibility of investigating gambling activities may seize an expired license or a license displayed by anyone other than the named licensee;

(b) any confiscated card dealer license must be sent to the department along with a report detailing the circumstances of the seizure; and

(c) upon receipt of a confiscated card dealer license and the accompanying report, the department must immediately begin an investigation into the circumstances for the purposes of determining whether a violation of Title 23, chapter 5, MCA, or these rules occurred.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-308, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2002 MAR p. 2441, Eff. 9/13/02; AMD, 2019 MAR p. 302, Eff. 3/16/19.

Mont. Admin. R. 23.16.403 Processing of Card Dealer License Application Renewal or Replacement

(1) In every case in which application is made to the department for a dealer license, the department will, within 90 days:

(a) issue a dealer license to the applicant; or

(b) deny a dealer license to the applicant.

(2) A card dealer license will expire if the department does not receive the application and supporting documents to renew the license by the expiration date.

(3) If the holder of an expired license submits an application and supporting documents to renew the license within 30 days after the expiration date, the applicant may renew the license at the renewal license rate. If the renewal application and supporting documents are not received within 30 days, the holder shall reapply for a new original license in the manner required by these rules.

(4) Replacement of a card dealer license is accomplished by submitting a request to the department and including a $10 fee.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-308, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2019 MAR p. 302, Eff. 3/16/19; AMD, 2024 MAR p. 472, Eff. 3/9/24.

Mont. Admin. R. 23.16.406 Temporary Card Dealer License

(1) An applicant for a card dealer license may request a temporary card dealer license while the application is being processed.

(2) An applicant for a temporary card dealer license must first appear in person and present government issued identification to an authorized representative of the Motor Vehicle Division. Upon confirmation of the applicant's identity, the authorized representative of the Motor Vehicle Division must obtain a photograph and signature of the applicant.

(3) The applicant must then appear in person and submit to an investigator for the department:

(a) Form 4 with all required information, signed and dated by the applicant;

(b) two original sets of fingerprints to be obtained from and certified by a local law enforcement agency;

(c) verifiable evidence that the applicant has an offer of employment as a card dealer, or a reasonable prospect for employment as a card dealer, and that such employment is expected to commence within 14 days of making application; and

(d) the license fee and fingerprint processing fee.

(4) A temporary dealer license is valid for no more than 90 days.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-308, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2007 MAR p. 848, Eff. 6/22/07; AMD, 2019 MAR p. 302, Eff. 3/16/19.

Mont. Admin. R. 23.16.407 Confiscation of Temporary Card Dealer License

(1) The department may confiscate a temporary card dealer license by issuing a temporary cease and desist order based on a finding of any of the following conditions:

(a) the holder of such license has been placed or remains in actual or constructive custody as a result of any felony or gambling-related misdemeanor and is awaiting trial on such criminal charges; or

(b) the department, pursuant to ARM 23.16.203(1), has notified the holder of such a license of the department's intent to deny a permanent dealer license to the holder.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-308, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2019 MAR p. 302, Eff. 3/16/19.

Mont. Admin. R. 23.16.410 Possession of Dealer License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-308, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 2007 MAR p. 848, Eff. 6/22/07; REP, 2019 MAR p. 302, Eff. 3/16/19.

Mont. Admin. R. 23.16.411 Dealer License Specific to the Person Named Thereon

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-308, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; REP, 2019 MAR p. 302, Eff. 3/16/19.

Subchapter 23.16.5 Gambling Operator Licenses

Mont. Admin. R. 23.16.501 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-176, 23-5-177, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; REP, 1997 MAR p. 404, Eff. 2/25/97.

Mont. Admin. R. 23.16.502 Application for Operator License

(1) Except as provided in (2) and (3), all applicants shall submit the following information on Forms 5, 10, and FD-258, which are incorporated by reference and available at any Gambling Control Division office location, or on the division's web site, www.dojmt.gov/gaming:

(a) name(s), addresses, telephone numbers, and social security numbers; history of gambling licensure with any federal, state, or local agency; civil and criminal record; record of residence and employment for the last ten years of any person with an ownership interest in the applicant entity; and record of current residence and employment of any person with an option to purchase a share in the applicant entity;

(b) a complete set of fingerprints, on Form FD-258 provided by the department, obtained and certified by a local law enforcement agency, the department, or a private security company approved by the department for each person required to complete a personal history statement;

(c) the applicant's most recent financial statements with the application form. The statements must reflect the business operation for which the application is being submitted and include a balance sheet, income statement, and a statement of the amount and source of funding. The department may accept current state or federal income tax returns if they reflect the business operation for which the application is being submitted. If the business is prospective or has recently begun operating, the applicant shall submit a beginning balance sheet and a statement of the amount and source of funding for the business;

(d) the amounts and sources of all business financing, along with the terms of each loan agreement and all related security agreements, and guarantees;

(e) the following ownership/management information, as applicable:

(i) if the business is a sole proprietorship, the above-cited information must be submitted on the proprietor; or

(ii) if the business is a partnership, the information must be submitted on each general and limited partner; or

(iii) if the business is a closely held or subchapter S corporation, the information on each shareholder, and each officer and director if not the same; or

(iv) if the business is a publicly traded corporation, the names of each shareholder owning 5% or more of the company stock and the corporate officers and board of directors; or

(v) if the business is a limited liability company, the information must be submitted on all members; or

(vi) if the applicant is a nonprofit corporation or association, the information must be submitted for officers, directors, and the person(s) responsible for conducting the gambling activity (e.g., location manager, gambling manager, steering committee); or

(vii) if the owner(s) acquires the services of a gambling manager or management firm, the information must be submitted for the owner and the manager or management firm;

(f) SEC schedule 13(d) or 13(g), if applicable;

(g) the full name and address of every location manager; and

(h) a floor plan of the proposed premises that clearly identifies the areas where gambling activities will occur.

(2) If a premises has not been identified at the time of the application, applicants have six months from issuance of the license to apply for premises approval. The premises must meet suitability standards outlined in 23-5-117, MCA, and be approved within one year of issuance of the gambling operator license. Failure to apply for or receive approval of a premises within the required timeframe will result in administrative action to revoke the initial license approval.

(3) The department may consider an amended application process for applicants that possess an alcoholic beverage license.

(4) Operator licenses must be renewed annually by completing forms prescribed by the department. There is no renewal fee or annual license fee required for an operator license.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-117, 23-5-118, 23-5-176, 23-5-177, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 2454, Eff. 12/9/05; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2016 MAR p. 886, Eff. 5/21/16; AMD, 2017 MAR p. 87, Eff. 1/7/17; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2022 MAR p. 1836, Eff. 9/24/22; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.503 Application Processing Fee

(1) When a gambling operator license is submitted, the applicant shall pay a deposit on the license application processing fee in an amount set forth in the application form.

(2) The applicant shall submit the deposit required under (1) in the form of a check or money order.

(3) Based on the actual cost incurred by the department in determining whether the applicant qualifies for licensure, the department shall refund any overpayment of the fee or collect an amount sufficient to reimburse the department for any underpayment of actual costs.

(4) If an applicant withdraws the application after the department has begun processing the application, the department shall refund any amount not expended as of the date of withdrawal.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-177, MCA
History: TEMP, NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2019 MAR p. 1860, Eff. 10/19/19.

Mont. Admin. R. 23.16.504 Investigation of Applicants, Additional Information May Be Required

(1) The department may require access to all of the applicant's financial records which pertain to the financing of the proposed operation, to evaluate statements and support documentation supplied with the background application form.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-176, 23-5-177, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

Mont. Admin. R. 23.16.505 Premises Sharing Internal Entrance

(1) Except as provided in 23-5-117 , MCA, the department may not approve a premises for issuance of an operator's license if the premises:

(a) shares a common internal wall with another premises for which an operator's license has been issued; and

(b) the wall contains an internal entrance through which public access is allowed.

(2) If an internal entrance contained in a common wall is intended for nonpublic use only, the following conditions must be met to prohibit public access through the entrance:

(a) The entrance must be clearly identified as an entrance for nonpublic use only.

(b) The entrance must lead into an area in which the public does not normally have access, such as a storage area, an area located behind a bar or cashier booth, or a food service, preparation, or distribution area.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-117, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.506 Provisional Operator License

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-176, 23-5-177, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; REP, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.508 Changes in Managers, Officers, and Directors

(1) Except as provided in (2) and ARM 23.16.510, any change in location managers, officers, or directors must be reported to the department within 30 days of the date of change.

(2) Any gambling operator holding an alcoholic beverage license issued under 16-4-201(8), MCA, to military clubs, veterans' organizations, or fraternal organizations must report any change in officers or directors no later than the licensee's next license renewal application.

(3) New location managers, officers, and directors shall submit a personal history statement and a complete set of fingerprints (Forms 10 and FD-258).

(4) A license is subject to revocation if the changes in location managers, officers, or directors result in the licensee's failure to meet the statutory qualifications for licensure.

History

Authorizing statute(s): 23-5-112, 23-5-115, 23-5-176, MCA
Implementing statute(s): 16-4-414, 23-5-176, 23-5-177, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2014 MAR p. 1505, Eff. 7/11/14; AMD, 2017 MAR p. 87, Eff. 1/7/17; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.509 Temporary Gambling Authority

(1) The department may grant an applicant for a gambling operator license the temporary authority to operate gambling when:

(a) the application and supporting documents, except Form FD-258 fingerprint cards, have been electronically submitted to the department through the department's licensing portal;

(b) the department has concluded the application is complete;

(c) the premises to be licensed had been licensed and operated as a gambling establishment, or licensed for the on-premises consumption of alcoholic beverages, and the premises were not altered from the last approved floor plan;

(d) the department has no adverse information about the applicant's owners, officers, and managers prior to granting temporary authority; and

(e) except for those grandfathered locations provided for under ARM 23.16.130, the Department of Revenue has issued temporary authority to purvey alcoholic beverages.

(2) Temporary gambling authority is neither a conditional approval, temporary license nor a permit. It does not constitute a transfer of ownership, nor does it guarantee or imply any assurance that the department will approve the application.

(3) Temporary gambling authority is valid for 45 days, except when terminated sooner. Prior to the expiration of temporary gambling authority, and upon written request of the applicant, the department may extend temporary gambling authority for additional periods of time up to 45 days, if the department determines that the cause of the delay was beyond the control of the applicant. The department shall notify the applicant if it requires additional information to make this determination and the applicant shall have seven days to submit written documentation to establish to the department's satisfaction that the delay was beyond the applicant's control. The department shall notify the applicant whether temporary gambling authority is extended, and the length of the period of extension of temporary gambling authority.

(4) Temporary gambling authority terminates whenever:

(a) the department, pursuant to ARM 23.16.203, has notified the applicant of the department's intent to deny the operator license; or

(b) the Department of Revenue has revoked a license or withdrawn temporary authority to purvey alcoholic beverages.

(5) All gambling activities on applicant's premises which require a gambling operator's license must immediately cease upon termination of temporary gambling authority.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-176, MCA
History: NEW, 2016 MAR p. 886, Eff. 5/21/16; AMD, 2024 MAR p. 472, Eff. 3/9/24.

Mont. Admin. R. 23.16.510 Location Managers

(1) A gambling operator shall designate at least one location manager, which designation shall initially be made on the license application. A licensed owner who does not personally provide onsite management of the premises shall designate a location manager to perform such services. A location manager authorized by the licensee to provide general oversight of the gambling operation must be approved by the department.

(2) Except as provided in (3), within 30 days of a location manager commencing duties, the licensee shall submit to the department a completed location manager application (Form 30A), and for nonowners, the licensee shall also submit:

(a) a completed personal history statement (Form 10) for each location manager;

(b) two complete sets of fingerprint cards for each location manager; and

(3) So long as at least one approved location manager continues to serve as a location manager, the removal of any location manager or the addition of an owner as a location manager, shall be reported to the department no later than June 30 of the current fiscal year on a location manager application (Form 30A) or on the annual license renewal form.

(4) When a management company is contracted to manage a licensed location, at least one onsite manager must be approved as a location manager. The ownership, officers and directors of the management company and the onsite manager(s) employed by the management company must be reported to the department within 30 days of the contract effective date. To seek approval of a management company contracted to manage a licensed location, the licensee shall submit to the department:

(a) a completed location manager application (Form 30A); and

(b) for each owner, officer, director, and onsite manager of the management company:

(i) a complete personal history statement (Form 10);

(ii) two complete sets of fingerprint cards; and

(iii) fingerprint processing fees.

(5) Location manager and management company approval shall be based on the standards of suitability established in 23-5-176, MCA.

(6) Whenever a location manager or management company has been contracted by the licensee to manage a licensed location, the licensee shall:

(a) retain ultimate control over the license and premises;

(b) maintain active participation in the gambling operation sufficient to ensure the proper and lawful conduct of the business; and

(c) provide the location manager compensation in an amount that is commensurate with the duties performed. Location manager compensation may not be based on a percentage of a gross sales or net profits.

(7) Charitable organizations, fraternal organizations, senior centers, and churches may have volunteers as location managers and are not required to provide a wage.

(8) Failure to abide by the provisions of this rule may subject the licensee to administrative action, including revocation of the license.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-115, MCA
History: NEW, 2017 MAR p. 87, Eff. 1/7/17; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Subchapter 23.16.10 Poker Runs

Mont. Admin. R. 23.16.1001 Poker Runs

(1) As used in this rule, "travel" means to journey by any physical means.

(2) Each participant in a poker run must travel to the designated locations at which playing cards are obtained.

(3) After all cards are accumulated, participants in the poker run shall select the requisite number of cards for the hand in the type of poker being played.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-308, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94.

Subchapter 23.16.11 Card Game Tournaments

Mont. Admin. R. 23.16.1101 Card Game Tournaments – Poker Tournament Directors Association Rules

(1) Card game tournaments which involve consideration to play and the chance of winning something of value are gambling activities. Publicly played card game tournaments involving gambling activity are limited to the authorized card games provided for in 23-5-311, MCA.

(2) Except where there is a conflict with state law, department rule, or the applicable authority references, all poker tournaments shall comply with the most recent version of the Poker Tournament Directors Association Rules. The Poker Tournament Directors Association Rules may be obtained from the Gambling Control Division web site www.doj.mt.gov/gaming .

(3) A copy of the tournament rules must be provided to tournament participants and posted as provided for in 23-5-317, MCA.

(4) Every card game tournament involving poker or panguingue must be conducted by a licensed dealer as required in 23-5-309, MCA.

(5) In every tournament, a designated person, who may be one of the licensed dealers, must be present on the premises at all times during the tournament to oversee the conduct of the games and settle disputes.

(6) All winners must be determined at the conclusion of the tournament based upon points or chips accumulated throughout the course of the tournament. Prizes may only be awarded at the conclusion of the tournament. Any determination of a winner or award of a prize concludes a tournament.

(7) No card game tournament may be conducted as any part of a casino night.

(8) Card game tournaments may not be conducted between the hours of 2 a.m. and 8 a.m. on any day unless the hours for operating a live card game table have been extended by a city or county ordinance.

(9) Card game tournaments must comply with the requirements of Title 23, chapter 5, MCA, and the rules of the department.

History

Authorizing statute(s): 23-5-115, 23-5-313, MCA
Implementing statute(s): 23-5-306, 23-5-307, 23-5-308, 23-5-317, MCA
History: NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2007 MAR p. 966, Eff. 6/22/07; AMD, 2011 MAR p. 2628, Eff. 12/9/11; AMD, 2013 MAR p. 1606, Eff. 10/1/13; AMD, 2017 MAR p. 87, Eff. 1/7/17.

Mont. Admin. R. 23.16.1102 Large-Stakes Card Game Tournaments

(1) A licensed operator with a permit to operate at least one live card game table on premises may apply to the department for an annual permit to conduct large-stakes card game tournaments. The application must be submitted on Form 14A, the large- stakes card game tournament permit application, which is available from the department. The annual permit fee must accompany the submission of the application. A large-stakes card game tournament permit is effective July 1 through June 30.

(2) A licensed operator who has been issued a large-stakes card game tournament permit may conduct no more than 16 large-stakes tournaments during the permit year.

(3) A large-stakes card game tournament may be conducted for no more than five consecutive days.

(4) The only consideration that may be paid by a participant in a large-stakes card game tournament is an entry fee, and if allowed by tournament rules, a fee paid to reenter the tournament after the participant has been eliminated from competition. Under no circumstances may the total amount paid to participate in a large-stakes card game tournament, including all entry and reentry fees, exceed $1,875.

(5) The department must receive notification on Form 14A of each large- stakes card game tournament at least five business days before the start of the tournament. The permit holder may submit the complete notification Form 14A to the department by mail, FAX or e-mail. The notification of a large-stakes card game tournament must state:

(a) permit holder’s name and operator’s license number;

(b) type of card game to be played;

(d) date(s) of the tournament;

(e) amount of entry fee and reentry fees;

(f) description of all prizes, including the amount of any cash prizes;

(g) whether it is a charitable tournament, including identification of all charitable beneficiaries;

(h) whether it is part of a progressive tournament, including identification of all other locations participating in the progressive tournament;

(i) the face value of the chips to be used; and

(j) a copy of all tournament rules not included in the Poker Tournament Directors Association Rules.

(6) The department will mail the licensee a permit for each approved large- stakes card game tournament. The large-stakes card game permit must be conspicuously posted in the same manner as the tournament rules posted as provided for in 23-5-317, MCA.

(7) A large-stakes card game tournament permit holder may conduct a large- stakes card game tournament for charitable purposes.

(a) Any large-stakes card game tournament held for charitable purposes must be publicly identified as a charitable tournament and the beneficiaries of the tournament must be publicly identified before the start of the tournament.

(b) If a large-stakes card game tournament permit holder conducts large- stakes card game tournaments for charitable purposes, the first three charitable tournaments conducted during a permit year will not be deducted from the permit holder’s annual 16-tournament limit.

(c) If a large-stakes card game tournament is publicly identified as a charitable tournament, no less than 50% of the total of all entry and reentry fees must be paid to charitable, educational, or recreational nonprofit organization(s).

(d) For each charitable tournament, the permit holder conducting the tournament shall maintain for a period of 12 months from the date of the tournament, and provide to the department upon request:

(i) a record of the total amount of entry and reentry fees collected in the charitable tournament;

(ii) a description of how the tournament was publicly identified as a charitable tournament;

(iii) the name and address of each charitable, educational, or recreational nonprofit organization that received a distribution of the charitable proceeds; and

(iv) the amount of money distributed to each charitable, educational, or recreational nonprofit organization.

(8) A large-stakes card game tournament may be part of a progressive card game tournament in which the ultimate prize is not awarded until completion of the final round of the progressive tournament.

(a) The tournament must be publicly identified as being part of a progressive tournament prior to initiation of the tournament.

(b) Each location that participates in the progressive tournament must obtain a large-stakes card game tournament permit.

(c) If the tournament is part of a progressive tournament, prize(s) may include the right to participate in the higher level of tournament play, so long as the value of the higher level tournament is equal to the value of the expected top prize in the tournament.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-317, MCA
History: NEW, 2013 MAR p. 1606, Eff. 10/1/13; AMD, 2014 MAR p. 1505, Eff. 7/11/14; AMD, 2017 MAR p. 87, Eff. 1/7/17.

Mont. Admin. R. 23.16.1103 Small-Stakes Card Game Tournaments

(1) A licensed operator with a permit to operate at least one live card game table on premises may apply to the department for an annual permit to conduct small-stakes card game tournaments. The application must be submitted on Form 14B, the small-stakes card game tournament permit application, which is available from the department. The annual permit fee must accompany the submission of the application. The small-stakes card game tournament permit is effective July 1 through June 30.

(2) The only consideration that may be paid to participate in a small-stakes card game tournament is a single entry fee which must be paid before the start of the tournament, and may under no circumstances exceed $80. No other fees or costs may be assessed to participate in a small-stakes tournament.

(3) Small-stakes card game tournaments may only be conducted on permitted card tables, plus one additional card table used only for small-stakes tournament play.

(4) A small-stakes card game tournament permit holder may conduct a small-stakes card game tournament for charitable purposes.

(5) For each charitable tournament, the permit holder conducting the tournament shall maintain for a period of 12 months from the date of the tournament, and provide to the department upon request:

(a) a record of the total amount of entry and reentry fees collected in the charitable tournament;

(b) a description of how the tournament was publicly identified as a charitable tournament;

(c) the name and address of each charitable, educational, or recreational nonprofit organization that received a distribution of the charitable proceeds; and

(d) the amount of money distributed to each charitable, educational, or recreational nonprofit organization.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-317, MCA
History: NEW, 2013 MAR p. 1606, Eff. 10/1/13; AMD, 2014 MAR p. 1505, Eff. 7/11/14.

Subchapter 23.16.12 Poker and Other Card Games

Mont. Admin. R. 23.16.1201 Definitions

As used throughout this subchapter, the following definitions apply:

(1) "Ante" means the amount of money or chips each player places into the pot before the first deal of each game.

(2) "Authority reference" means the Official Montana Poker Rulebook (version 2014) and Scarne's Encyclopedia of Card Games, copyright 1983, by John Scarne, pages 18 through 276. These books will be used by the department as the authority on how to play authorized card games. The authority references are adopted and incorporated by reference; copies of Scarne's Encyclopedia of Card Games may be obtained from local bookstores and copies of the Official Montana Poker Rulebook may be obtained from the Gambling Control Division web site www.dojmt.gov/gaming . The sections of the books cited as authority will not apply where there is a conflict with state law or department rule.

(3) "Banking game" means a game where there is a fund against which everyone has the right to bet, the bank taking all that is lost by the bettors and paying all that is won. The test of such a game is whether the banker pays winnings and suffers losses. The game is not a banking game where the players bet against each other and settle with each other. Games in which any portion of the games includes betting against a fund are considered banking games.

(4) "Blind bet" means the money a player places into the pot before looking at his or her cards.

(5) "To burn a card" means to discard a card from the top of the deck and place it face down on the table according to house rules.

(6) "Card room contractor" means a person licensed by the department to operate one or more live card game tables on an operator's premises.

(7) "Card table" or "live card game table" means a table licensed by the department on which no more than one authorized card game is played at a time.

(8) "Dead card or hand" means a card or hand ruled out of play and ineligible to win any part of the pot.

(9) "Fouled hand" means a hand that either has an improper number of cards or has come in contact with discards.

(10) "Game" means a period in a session of play, from which emerges a winner(s).

(11) "Hand" means the cards dealt to or drawn by a player or the period of time in poker between dealing of the cards and winning of the pot.

(12) "House player" means any person who has a financial relationship with a dealer or an operator including, but not limited to, shills, proposition players, employees, or independent contractors.

(13) "Operator" means an individual licensed to conduct public gambling pursuant to Title 23, chapter 5, MCA.

(14) "Player" means a natural person participating in a live card game specifically authorized in Title 23, chapter 5, MCA, and described by these rules.

(15) "Poker" means a card game played by at least two players who bet against each other and settle with each other and not against the house. Poker is dealt by one dealer on a card table. A player bets on the card (hand) the player holds. There may be an initial ante round and/or blind bet by the players. After the players receive their starting card, there are one or more betting rounds. After all the dealing of cards and betting has occurred for a pot and there are two or more players still in contention, there is a showdown based on a maximum of five cards. The object of the game is for a player to win the pot either by making a bet no other player is willing to match or by having the best hand as described in these rules.

(16) "Pot" means all the bets placed by the players collected together.

(17) "Rake" means a set fee or percentage of the pot assessed by an operator for providing the services of a dealer, table, and location for public play.

(18) "Showdown" means the hands shown by all players remaining in the game.

(19) "Table stakes" means the amount of chips or cash in front of the player prior to the beginning of a hand.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-311, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 196, Eff. 2/15/91; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2013 MAR p. 1606, Eff. 10/1/13; AMD, 2014 MAR p. 1505, Eff. 7/11/14.

Mont. Admin. R. 23.16.1202 Types of Card Games Authorized

(1) The following card games are authorized by law and must be played only in the manner set out for that game in the applicable authority reference:

(a) the poker games of Texas Hold'em, Draw Poker, Omaha, Seven Card Stud, and their variations as well as general poker rules and practices, according to the Official Montana Poker Rulebook (version 2014); and

(b) other poker variations, as well as the games of bridge, cribbage, hearts, panguingue, pinochle, pitch, rummy, solo, and whist, according to Scarne's Encyclopedia of Card Games, copyright 1983, by John Scarne, pages 18 through 276.

(2) Card games not specifically authorized herein are prohibited.

(3) The department may approve other proposed variations of card games authorized by Title 23, chapter 5, MCA. Banking games are not considered variations of authorized card games that are eligible for department approval. Persons submitting card games for approval must provide the following information to the department:

(a) a complete description of the play of game, including but not limited to, the ranking of cards, betting procedures, number of cards in the showdown, and role of the house in the game; and

(b) the history of game.

(4) The department may require an actual demonstration of any game submitted for approval.

(5) Upon completion by the department of its investigation of a proposed card game variation, the department shall notify in writing the person submitting the card game variation of its intended action. If the person then desires a hearing, he or she must submit a written request to the department within 20 days. From that point onward, all proceedings shall be conducted in accordance with the Montana Administrative Procedure Act and the Attorney General's Model Rules of Procedure.

(6) No variations other than those authorized by the department may be played prior to department approval.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-311, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 196, Eff. 2/15/91; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2014 MAR p. 1505, Eff. 7/11/14.

Mont. Admin. R. 23.16.1203 Social Card Games Played Solely for Prizes of Minimal Value

(1) Except for the card games of panguingue and poker and their approved variations, an authorized card game as provided for in 23-5-311, MCA, which is played solely for prizes of minimal value, is considered a social card game and is not a gambling activity.

(2) For purposes of this rule, prizes of minimal value means:

(a) an award to an individual card game winner of cash and/or merchandise which does not exceed $10 in total value; or

(b) an award to the winner or winners of a social card game tournament in cash and/or merchandise in an amount which does not exceed a total value that is the equivalent of $10 times the number of participants. For example, if there are 25 participants in a tournament, the total value of a prize awarded cannot exceed $250.

(3) For purposes of this rule, a tournament means a prize structure which is determined by the play of more than a single game.

(4) Every poker or panguingue game or tournament, and every other authorized card game or card game tournament which is played for an award or prize greater than minimal value, is a gambling activity which must comply with the requirements of Title 23, chapter 5, MCA, and the rules of the department.

History

Authorizing statute(s): 23-5-115, 23-5-306, MCA
Implementing statute(s): 23-5-115, 23-5-306, MCA
History: NEW, 2017 MAR p. 87, Eff. 1/7/17.

Mont. Admin. R. 23.16.1205 Ranking of Poker Cards and Hands

(1) The cards in poker are ranked ace, king, queen, jack, ten, nine, eight, seven, six, five, four, three, deuce. The ace is the highest ranked card in high poker and is ranked lower than a deuce in low poker.

(2) The hands in poker are ranked and defined as follows from highest to lowest:

(a) five of a kind - four cards of the same rank and a wild card.

(b) straight flush - five cards of the same suit in sequence. An ace high straight flush is a "royal flush."

(d) full house - three cards of the same rank and two cards of another rank.

(e) flush - five cards of the same suit.

(f) straight - five cards in sequence.

(g) three of a kind - three cards of the same rank.

(h) two pair - two cards of the same rank and two cards of another rank.

(i) one pair - two cards of the same rank.

(j) highest card - the highest ranking card in the hand of five unmatched cards.

(3) If two or more hands are tied in the ranking, the hand with the highest rank matched card or cards wins. Otherwise the tie must be broken by the rank of the unmatched cards in the hand.

(4) In the event hands are identical in all aspects except for the suit, players shall evenly divide the pot.

(5) Wild cards may be used in poker.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-311, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90

Mont. Admin. R. 23.16.1206 Poker Cards - Physical Characteristics

(1) The cards used in the game of poker must be one complete standard deck of 52 cards plus optional joker(s).

(2) The design on the backs of each card in the deck must be identical and no card may contain any marking, symbol, or design that will enable a player to know the identity of any element printed on the face of the card or that will in any way differentiate the back of that card from any other card in the deck. The backs of the cards may contain a logo.

(3) A blank card, commonly known as a cap card or cutting card, must be available and used by the dealer to indicate the location for a player's cut or to obstruct a player's view of the bottom card in the deck.

(4) No operator, card room contractor, or dealer may use cards that are taped, defaced, bent, crimped, or deformed in any manner.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-311, 23-5-324, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.1209 Poker Chips - Value and Physical Characteristics

(1) Each poker chip used must be either clearly and permanently impressed, engraved, or imprinted on one side with a specific value of the chip or colored so as to clearly denote the value of the chip. At the operator's or card room contractor's discretion, the other side of the chip may have the operator's or card room contractor's name represented by a related design, symbol, abbreviation, or other identification which would differentiate the operator's or card room contractor's chips from those being used by every other operator or card room contractor.

(2) Each denomination of poker chip must have a different primary color from the other denominations of chips. Each operator or card room contractor may, at his discretion, utilize contrasting secondary colors for any inlays on each denomination of poker chip.

(3) The value and colors of the poker chips must be conspicuously posted within sight of the card table.

(4) Poker chips must be sold for cash only and no credit of any nature may be extended to a person purchasing chips.

(5) The operator or card room contractor must redeem on demand his own chips for cash at the value for which they were sold.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-311, 23-5-324, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.1210 Wagers to Be Made with Poker Chips or Cash Only

(1) In games not scored with points, all wagers must be made with poker chips or cash.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-311, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

Mont. Admin. R. 23.16.1211 Persons Not to Bring Their Own Cards or Poker Chips

(1) No person may bring to the card table or introduce into a poker game any playing card or cards or any poker chip or chips other than those obtained from the operator or card room contractor.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-311, 23-5-324, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.1212 Procedure for Accepting Cash at the Poker Table

(1) Each dealer who receives currency from a player at a poker table for exchange for poker chips shall observe the following procedures and requirements:

(a) The currency must be spread on the top of the poker table by the dealer accepting it, in full view of the player who presented it.

(b) The amount of currency must be verbalized by the dealer accepting it.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-311, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

Mont. Admin. R. 23.16.1216 Player Restrictions

(1) There must be at least two players.

(2) No player in a poker game may play other than the player's own hand.

(3) A player shall only play one hand and the player shall make all decisions without advice from any person.

(4) No player or other person may provide any information to any other player or person regarding a player's live or folded hand.

(5) A player may only obtain additional chips from the house and may not pass chips to another player or otherwise exchange them.

(6) Subsections (3) and (4) do not apply to the game of bridge when played according to the rules set forth in the authority reference.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-311, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2013 MAR p. 1606, Eff. 9/6/13.

Mont. Admin. R. 23.16.1217 Use of Device Prohibited

(1) It is unlawful for any player to use any device to assist in keeping track of the card played.

History

Authorizing statute(s): Sec. 23-5-115 MCA
Implementing statute(s): Sec. 23-5-311 MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

Mont. Admin. R. 23.16.1218 Special Policies

(1) Each operator or card room contractor may establish rules of conduct for the players and spectators on the operator's premises as long as the rules do not conflict with state law.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-311, 23-5-324, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.1224 Dealer Restrictions

(1) Except as provided in (3), in authorized card games using licensed dealers, licensed dealers shall have no financial interest, directly or indirectly, in the outcome of any game which they deal.

(2) Except as provided in (3), card dealers shall receive no share of the rake and must be employees of the licensed operator or card room contractor.

(3) This rule does not prevent licensed operators or card room contractors who are licensed dealers from dealing their own games or receiving a share of the rake.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-308, 23-5-309, 23-5-311, 23-5-324, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2007 MAR p. 848, Eff. 6/22/07; AMD, 2013 MAR p. 1606, Eff. 9/6/13.

Mont. Admin. R. 23.16.1225 House Players

(1) The operator, card room contractor, or dealer must identify house players upon request.

(2) The operator or card room contractor who is conducting a live card game may use house players only for the purpose of starting and/or maintaining sufficient number of players in the card game.

(3) The operator or card room contractor may:

(a) provide chips owned by the house to a house player for use in a live card game conducted by the operator or card room contractor;

(b) require the house player to return to the operator or card room contractor all house chips that remain with the house player when the house player exits the game;

(d) allow a house player to keep all of the winnings or a portion of the winnings derived from the use of house chips in a game conducted by the operator or card room contractor.

(4) The operator or card room contractor may not ask or require the house player to return any house chips, or the value of any house chips, that the house player lost in a game.

(5) No house players may be used by the operator or card room contractor in a card game tournament.

History

Authorizing statute(s): 23-5-115, 23-5-325, MCA
Implementing statute(s): 23-5-311, 23-5-324, 23-5-325, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2014 MAR p. 1505, Eff. 7/11/14.

Mont. Admin. R. 23.16.1228 Decks - Shuffle and Cut of the Cards

(1) The operator or card room contractor must have two separate decks of cards available at each table. The color of the backs of the cards of the two decks must be a different predominant color. Any player may request that the dealer change decks. If such a request is made, the dealer must switch the use of decks at the end of that hand.

(2) Immediately prior to commencement of play of each game, the dealer must, in front of the players, shuffle all cards so that they are randomly intermixed.

History

Authorizing statute(s): Sec. 23-5-115 MCA
Implementing statute(s): Sec. 23-5-311, 23-5-324 MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.1229 Ante, Blind Bet

(1) A player may ante for each hand by placing a bet on the table in front of him or her before the first card of the game is dealt. Then, the dealer shall sweep the antes and place them in the pot. Once the first card has been dealt, the ante may not be altered.

(2) For a blind bet to be part of any game, it must be announced prior to beginning the deal. A blind bet may be used in addition to an ante.

History

Authorizing statute(s): Sec. 23-5-115 MCA
Implementing statute(s): Sec. 23-5-311 MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

Mont. Admin. R. 23.16.1231 Rake

(1) The rake may be a percentage of the pot or a set fee established by the house and must be clearly posted. The rake must remain in a designated area until the pot is awarded. The chip tray cannot be used as a designated rake area. After the pot is awarded, the rake may then be placed in the chip tray, a segregated area, or drop box near the dealer.

(2) A percentage rake must be pulled from the pot in an obvious manner following the completion of each betting round.

(3) A percentage rake must be calculated based on the amount bet in each round and placed in a designated rake area which is clearly visible to all players.

(4) A card dealer who has no interest in the operator's license or card room contractor's license may not recieve a share of a rake.

History

Authorizing statute(s): Sec. 23-5-115 MCA
Implementing statute(s): Sec. 23-5-311 MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 2007 MAR p. 848, Eff. 6/22/07.

Mont. Admin. R. 23.16.1232 Operation of the Games – Table Stakes

(1) Play must always proceed in a clockwise direction, with each player's turn to act following the person on the player's immediate right.

(2) The operator or card room contractor may set a minimum buy-in, a maximum buy-in, or both, for each game. The operator or card room contractor must announce the length of time a player may leave the game and still be considered part of the same playing session.

(3) The dealer must advise each new player of rules of the game being played prior to the ante.

(4) A player may not remove any of his or her chips from the table until the player quits the game. However, a player may use chips to pay for other goods or services in the premises.

(5) Players may only purchase additional chips between hands.

(6) Concealed chips may not be used in play for a game.

(7) Only poker chips and/or cash on the table (table stakes) at the start of a hand may be in play for that pot.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-309, 23-5-311, 23-5-312, 23-5-313, 23-5-324, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2013 MAR p. 1606, Eff. 9/6/13.

Mont. Admin. R. 23.16.1233 Fouled Hands

(1) A player is responsible for taking reasonable steps to protect his/her hand by holding on to it or by placing one or more chips on it. A player who fails to take reasonable steps to protect his or her hand shall have no relief if that hand is "fouled" as defined in this subsection, or is accidentally taken in by the dealer. A fouled hand or a hand accidentally taken by the dealer is a dead hand, as defined in this subsection.

(2) A protected hand may not be ruled fouled by accidental contact with discards unless it is impossible to completely reconstruct. A player who has a protected hand taken in by the dealer or fouled by discards through no fault of the player is entitled to be refunded from the pot all the chips the player put in the pot on that game. In disputed cases, the dealer's decision is final.

History

Authorizing statute(s): Sec. 23-5-115 MCA
Implementing statute(s): Sec. 23-5-311 MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

Mont. Admin. R. 23.16.1234 The Deal

(1) Each card dealt must be the top card of the deck. The order of future ownership of cards that will be in play is not to be disturbed at any time during the deal of a game.

(2) When the dealer burns a card, it must be placed facedown on the table before dealing any round of cards. Burned cards must be kept separate from the discards throughout the hand.

(3) A player facing a bet who announces a fold shall have a dead hand.

(4) All pots must be awarded by the dealer only. When the dealer has awarded the pot and it has been taken in by that player without a claim made against it, the award stands. No player may make an agreement with any other player regarding the pot. Each game must be played to conclusion and the pot awarded to the actual winning player.

(5) The dealer may place a maximum time limit on players during which time a player must act on his or her hand. At the lapse of the time limit, if there has not been a bet to the player, the player must check; if there has been a bet to the player, the player's hand is dead. However, the dealer shall provide a reasonable warning to the player prior to the application of this subsection.

History

Authorizing statute(s): Sec. 23-5-115 MCA
Implementing statute(s): Sec. 23-5-311 MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

Mont. Admin. R. 23.16.1237 Betting

(1) A player who unintentionally puts fewer chips into the pot than are needed to call a bet must either complete the call or withdraw his or her chips and fold.

(2) If an improper number of chips are bet by a player and the dealer puts the player's chips into the pot without making or hearing an immediate objection, it must be considered a bet by the player.

(3) A player must place his entire bet in front of the player at one time. Unless a player has failed to place the necessary amount of chips to call a bet or to signify a raise, the player may not place additional chips into the pot (no string bets). The dealer may allow a single apparent string bet, but must caution the player that such bets are not allowed.

(4) A player confronted by a bet larger than the player's table stakes may "call" with the amount of chips in front of the player ("all in" bet). The excess part of the bet is either returned to the bettor(s) or used to form a side pot with another player or players by matching the amount called.

(5) A side pot or other wager on the outcome of a hand is prohibited unless an "all in" bet is made as provided for in (4).

(6) In stud poker without a blind, the highest or lowest up card may be designated to initiate action if a house rule is posted to identify which method will be used.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-309, 23-5-311, 23-5-312, 23-5-313, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2013 MAR p. 1606, Eff. 9/6/13.

Mont. Admin. R. 23.16.1239 Improper Deal

(1) A card improperly dealt faceup, flashed as it is dealt so a player might know its identity, a joker dealt when the joker is not being used in the game, or a downcard dealt off the table is considered an exposed card. A card exposed by a player is not an exposed card. An exposed card must be replaced.

(2) A misdeal shall cause all the cards to be returned to the dealer for a redeal.

History

Authorizing statute(s): Sec. 23-5-115 MCA
Implementing statute(s): Sec. 23-5-311 MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

Mont. Admin. R. 23.16.1240 Posting of Rules

(1) At least the following rules must be posted in a clear, legible manner at each card table or in such a conspicuous location that the player at a card table can readily read such rules.

(a) Games to be played.

(b) Betting limits of the games.

(d) Number of raises.

(e) Minimum and/or maximum buy-in limits (if any).

(f) $800 pot limit.

(g) Rake percentage or set fee.

(h) Check and raise (yes or no).

(i) Designated wild card(s).

(j) No side pots (except in cases of all-in bets).

(k) No credit.

(l) No passing chips.

(m) No checks.

(n) Maximum number of players in each type of game.

(o) Players must be 18 years old.

(p) House players identified upon request.

(2) When the operator or card room contractor chooses to make a general house rule, that house rule shall be posted on the premises where it can be clearly seen by players in the card game to which it applies.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-309, 23-5-312, 23-5-313, 23-5-325, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2013 MAR p. 1606, Eff. 10/1/13.

Mont. Admin. R. 23.16.1245 Card Room Contractors License

(1) A person may obtain a card room contractor license by submitting to the department a card room contractor license application (Form 9), which is available upon request from the department.

(2) The application must include:

(a) full identification of the applicant, including legal name, address, phone number, and social security number or federal identification number;

(b) Forms 10 and FD-258 as described in ARM 23.16.102;

(d) financial statements for the applicant's business as described in ARM 23.16.502;

(e) a $150 license fee;

(f) a fee to pay the charges to the department for obtaining background information from fingerprints; and

(g) a copy of each proposed agreement to be entered into with a licensed operator to provide gambling on the operator's premises.

(3) If a card room contractor proposes to amend an existing agreement or enters into additional agreements after obtaining a license, the contractor shall submit to the department for approval a copy of each proposed amended or additional agreement.

(4) A card room contractor shall not operate a card room under an amended or additional agreement unless and until such proposed agreement is approved by the department. This restriction does not apply when a proposed amendment to a previously approved agreement only extends the time period of the agreement and makes no other changes.

(5) A card room contractor license expires at midnight on June 30 and must be renewed annually by completing a form provided by the department.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-324, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2009 MAR p. 1260, Eff. 7/31/09.

Mont. Admin. R. 23.16.1246 Notification of Agreement Termination

(1) If an agreement between a licensed operator and licensed card room contractor is terminated, the operator shall notify the department in writing within 30 days after termination of the agreement.

History

Authorizing statute(s): Sec. 23-5-115 MCA
Implementing statute(s): Sec. 23-5-324 MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Subchapter 23.16.13 Live Keno

Mont. Admin. R. 23.16.1301 Play of Successive Keno Games

(1) A player may play successive keno games by paying for the games in advance only if he or she remains on the licensed premises. A player requesting to play multiple and successive keno is limited to the number of successive games allowed by the house. All games must be paid for in advance and any and all prizes won must be personally claimed by the player after the last game paid for and before the next game begins. Failure to personally claim prizes won by the player after the multiple games played will result in forfeiture of any prizes won.

(2) Any licensee allowing play of successive keno games must clearly post the house limits as to the number of successive games allowed, the requirement for payment in advance for the number of games to be played, the requirement to remain on the licensed premises while the games are played, and the requirement to personally claim any prizes before leaving the premises.

(3) In no case may prizes won on previous games be automatically carried forward to extend play for games beyond the number indicated when the player paid the caller.

(4) Record keeping for the play of successive games must be in accordance with these rules.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-412, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90.

Mont. Admin. R. 23.16.1304 Approved Variations of Keno

(1) Approved variations of keno are:

(a) A straight ticket in which a player picks from one to ten numbers and wagers that the numbers will be duplicated entirely or in part from the group of numbers drawn.

(b) A split ticket consisting of two or more straight tickets written on a single keno card. Each group on a split ticket is treated as if it were a single straight ticket.

(c) A way ticket in which a player selects three or more equal groups of numbers which when taken at least two groups at a time comprise several straight ticket combinations.

(d) A combination way ticket in which a player simultaneously combines any or all of the variations described in (1)(a), (b), and (c).

(e) A king ticket in which a single number, commonly known as a king number, is matched with each group of numbers selected. The king number is treated as any circled number group as used in way and combination way tickets.

(2) A group of numbers resulting from combining smaller groups for way, combination way, or king tickets may not exceed a total of ten numbers.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-412, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2009 MAR p. 2480, Eff. 12/25/09.

Mont. Admin. R. 23.16.1305 Methods of Identification

(1) A player shall clearly identify and separate on his inside keno card as defined in ARM 23.16.2401 any group of numbers selected for a split, way, combination way, or king ticket by drawing a:

(a) line between or circle around each group for a split ticket; or

(b) circle around each group for a way, combination way, or king ticket.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-412, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.1306 Recording Requirements - Bet Limits

(1) A keno caller shall record in the margin (sideline) of an outside keno card as defined in ARM 23.16.2401 each wager made by a player, other than for a straight ticket, by using a standard fractional format that identifies the number of wagers by group size (e.g., 2/4 for two wagers each placed on a different group of four numbers) . Only the wagers recorded in the margin (sideline) may be winners. The total amount wagered by the player must be written on the front of the outside keno card.

(2) No more than 50¢ may be wagered on each group of numbers on a keno card, and no more than $100 may be awarded as a prize for each winning group of numbers.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-412, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Subchapter 23.16.17 Sports Pools and Sports Tab Games

Mont. Admin. R. 23.16.1701 Definitions

As used throughout this subchapter, the following definitions apply:

(1) "Chance" means an opportunity to participate in a sports pool.

(2) "Competitor" means:

(a) a team in a sports event in which teams compete; or

(b) an individual in a sports event in which individuals compete.

(3) "Interval of a sporting event" means the regularly timed periods or naturally occurring breaks in a sports event established by the rules of the event (i.e., quarters in football and basketball games, periods in hockey, or innings in a baseball game) and not any other contrived point, action, event, or episode in the sports event.

(4) "Manufacturer of sports tabs" means a person who manufactures from raw materials or subparts completed sports tabs, sport tab cards, or sports tab games as they are defined by statute and rule.

(5) "Master square" means that portion of the sports pool card used in a traditional, series, or multiple way sports pool that is divided into spaces representing chances purchased by the participants and containing the name or initials of the participant in the sports pool.

(6) "Series of sports events" means two or more sports events involving the same sport that are conducted at the same level (e.g., collegiate, professional).

(7) "Space" means one of the smaller squares into which the master square is divided, which represents a chance in a traditional, series, or multiple way sports pool, and which contains the name or initials of the participant in a sports pool who has purchased that space.

(8) "Sponsor" means a licensed gambling operator conducting a sports tab game by selling individual sports tabs or conducting a sports pool by selling chances, the sales of which occur on premises appropriately licensed for on-premises alcoholic beverages consumption as provided in 23-5-119, MCA.

(9) "Sports event" means an athletic game, race, or contest involving two or more competitors who are natural persons or animals in which the winner is determined by a score or placement.

(10) "Sports pool" means a gambling activity based on a sports event or series of sports events that is conducted on a sports pool card for which consideration, in money, is paid by the participant for a chance to win money or other item of value.

(11) "Sports pool card" means a board, chart, or table used to conduct a sports pool and record the information required in ARM 23.16.1702.

(12) "Sports tab" means a ticket as defined in 23-5-501, MCA.

(13) "Sports tab card" means the card to which 100 sports tabs are randomly attached by a manufacturer of sports tabs and which is used in a sports tab game.

(14) "Sports tab game seller" means a person who:

(a) purchases or otherwise obtains sports tab games from a manufacturer of sports tabs; and

(b) sells sports tab games to sponsors for use in conducting sports tab games.

(15) "Total value of the sports pool" means an amount equal to the number of chances in a sports pool multiplied by the cost per chance and represents the prize(s) to be awarded.

History

Authorizing statute(s): 23-5-115, 23-5-512, MCA
Implementing statute(s): 23-5-501, 23-5-502, 23-5-503, 23-5-512, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; TEMP, AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2019 MAR p. 1860, Eff. 10/19/19.

Mont. Admin. R. 23.16.1702 Sports Pool Card

(1) A traditional, series, or multiple way sports pool must be conducted on a sports pool card containing a master square.

(a) The master square of the card must be divided into spaces arranged in horizontal rows and vertical columns.

(b) The numbers for each horizontal row and vertical column must be randomly assigned after the person conducting the pool closes the pool to additional sale of spaces but prior to the beginning of the sports event or the first event in a series of sport events.

(c) Any unsold spaces when the numbers are assigned are considered purchased by the sponsor and must be marked in a manner indicating that they may not be sold to another person.

(d) Each space must be represented by a number from both the horizontal row and vertical column.

(e) Each competitor in the sports event must be assigned to either the horizontal or vertical axis of the master square before the beginning of each sports event, except when the sponsor publicly declares by rules in advance of any sales to award equal prizes based upon both winning number combinations (e.g., when the score is 37–29, the winners are those holding spaces corresponding to vertical 7 and horizontal 9, and vertical 9 and horizontal 7).

(2) A sports pool card used to conduct an authorized sports pool must be of adequate size to be easily read by participants and observers.

(3) A participant who wishes to purchase a chance on more than one traditional, series, or multiple way sports pool must select a space or spaces on each of the boards. After the sale of all chances, the master square of any such board may not be duplicated or altered in any manner so as to create additional sports pool boards.

(4) The sports pool card shall, in advance of any sale of any chance, clearly indicate:

(a) name of the sports event or series of events covered by the card;

(b) name of the competitors (or home vs. away/visitor) in the sports event or series of events;

(d) total number of chances available in the pool;

(e) cost to the participant for each chance;

(f) total amount to be paid to each winner;

(g) predetermined intervals, as provided in ARM 23.16.1705(3), for which a prize will be awarded, if any;

(h) the sponsor's name; and

(i) in the case of a sports pool conducted by a sponsor to support a nonprofit organization, the name of the nonprofit organization, the percentage of the pool proceeds to be donated, and the percentage of the pool proceeds to be awarded to the winner.

(5) The name or initials of each participant who purchases a chance in the sports pool must be clearly displayed on the board as each chance is sold.

(6) After each prize is awarded, the names of the winners of each prize must be prominently displayed on each card.

(7) If the sports event is cancelled, the person conducting the sports pool must refund the full amount of the purchase price to each participant.

(8) If the sports event is rescheduled, the sponsor may:

(a) cancel the board and refund all monies to the participants; or

(b) change the sports pool board only so as to reflect the new date of the sports event.

(9) A sports pool card must be retained by the sponsor for at least 90 days from the date of the sports event, or last event in a series of sports events, upon which the sports pool was based, whichever occurs first.

History

Authorizing statute(s): 23-5-115, 23-5-512, MCA
Implementing statute(s): 23-5-502, 23-5-503, 23-5-512, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; TEMP, AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2012 MAR p. 402, Eff. 2/24/12; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2016 MAR p. 886, Eff. 5/21/16; AMD, 2019 MAR p. 1860, Eff. 10/19/19.

Mont. Admin. R. 23.16.1703 Sale of Sports Pool Chances

(1) The total cost of a chance in a sports event, or in a sports event for a series sports pool as described in ARM 23.16.1705(3)(b), is unlimited. The total cost for each chance must be paid in full and in cash at the time the chance is selected.

(2) If the actual number of sports events conducted as part of a series of events is less than the number of events for which chances were sold, the sponsor shall refund to each participant the money paid for chances on those events that were not conducted.

(3) After sale of the chances begins, the sponsor:

(a) may not cancel the sports pool or alter it in any manner, except as provided in ARM 23.16.1702; and

(b) shall award all prizes at the end of the sports event or series of events in accordance with the information displayed under ARM 23.16.1702.

(4) In an authorized sports pool in which a competitor is randomly assigned to each participant purchasing a chance in the pool, a participant may not sell, trade, or otherwise transfer his competitor to another person.

(5) All money paid to participate in a sports pool must be maintained separately from all other monies. No portion of the money collected in the sale of sports pool chances, including any share designated for charitable purposes, if any, may be separated from the total amount of proceeds collected on the sports pool board until after the sports event upon which the pool was based has occurred.

History

Authorizing statute(s): 23-5-115, 23-5-512, MCA
Implementing statute(s): 23-5-502, 23-5-503, 23-5-512, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; TEMP, AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2013 MAR p. 1606, Eff. 10/1/13; AMD, 2016 MAR p. 886, Eff. 5/21/16; AMD, 2017 MAR p. 1893, Eff. 10/14/17; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.1704 Determination of Sports Pool Winners - Prizes

(1) There must be at least one winner from among the participants in a sports pool. A winner or winners are determined by the score or place attained by one or more competitors in the sports event upon which the sports pool is conducted.

(2) The prizes awarded to the winner or winners of a sports pool may be cash or merchandise.

(a) Where the prize awarded is merchandise, the purchase price paid for the item(s) of the merchandise prize is considered to be the value of the prize. Proof of the purchase price of the item(s) of the merchandise prize shall be retained for a period of at least 90 days from the date of the sports event.

(b) Subject to (4), if the value of the merchandise prize is less than the amount of money paid by all participants for the chance to participate, the person conducting the sports pool shall award the balance to the winner(s).

(3) All prizes must be available for distribution to winners immediately at the end of the sports event or at the end of each sports event in a series of events.

(4) A nonprofit organization may receive up to 50 percent of the proceeds from the sale of chances in a sports pool if the nonprofit organization meets the requirements of 23-5-503, MCA.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-502, 23-5-503, 23-5-512, MCA
History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; TEMP, AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2013 MAR p. 1606, Eff. 10/1/13; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.1705 Authorized Sports Pools

(1) Authorized sports pools described in this rule are identified by a title to distinguish one pool type from another. The controlling factor as to the legality of a sports pool is not the pool's title but the method and manner in which the pool is conducted.

(2) The conduct of an authorized sports pool is subject to the provisions of 23-5-501 through 23-5-503, MCA, and department rules.

(3) The following sports pools are authorized under 23-5-501 through 23-5-503, MCA:

(a) A "traditional sports pool" involving a single sports event with two competitors that is conducted on a sports pool card containing a master square with 25, 50, or 100 spaces. Each space is randomly assigned a unique pair of numbers from the vertical and horizontal axis of the master square.

(i) A winner is determined by matching the numbers assigned to a space with the only or last digit of the score of each competitor in the sports event at the end of the event.

(ii) Winners may also be determined by the score at predetermined intervals during the event as long there is also a winner and prize awarded based upon the score at the end of the event. If any prize is awarded for a score attained at a predetermined interval, the value of any such prize may not exceed the value of the prize awarded for the score attained at the end of the event.

(b) A "series sports pool" conducted on a master square in conjunction with a series of sports events. The pair of numbers assigned to each space on the master square remains the same for each sports event in the series. The competitors in each sports event in the series may be individual teams or a combination of teams (e.g., a group of teams designated as home teams versus a group of teams designated as away teams). Spaces must be sold for all events in the series of sports events and may not be sold for individual events. Winners for each sports event in the series are determined:

(i) in the same manner as in a traditional sports pool; or

(ii) in the same manner as in a traditional sports pool for the first sports event in the series. For the second and subsequent events, winners are determined by combining the scores generated by each competitor in the previous events.

(c) A "multiple way sports pool" conducted on a master square with multiple sets of numbers randomly assigned to the horizontal and the vertical axes representing certain intervals of a single sports event or individual sports events in a series of events. Winners are determined in the same manner as in a traditional sports pool.

(d) A "selected point sports pool" in which the winner is the participant whose randomly assigned competitor is the first to attain a final score that matches a predetermined number (e.g., 28, 39).

(i) The number of participants in a selected point sports pool is limited to the number of competitors in an established league. Competitors are randomly assigned to the participants and may be assigned for a single week or the duration of the pool.

(ii) If declared by publicly posted rules before the sale of any chances, the pool may be designed to carry over the prize from week to week until a competitor's score matches the preselected score, or until the pool's predetermined conclusion if none of the competitor's scores match the preselected score. Subject to the limits provided in (d)(iii), participants may be required to increase their wager each week until a match occurs, or until the pool's predetermined conclusion if none of the competitor's scores match the preselected score. A competitor assigned to a participant who fails to pay the increased wager or otherwise drops out of the pool at any time before a winner is declared must be deleted from the list of competitors in the league.

(iii) If no competitor obtains the preselected score before the predetermined conclusion to the pool, the prize(s) must be awarded to the participant(s) whose assigned competitor has achieved a score closest to the preselected score, or an alternate score, as may be established by publicly posted rules before the sale of any chances.

(e) A "blackout sports pool" in which the winner is the participant who holds the randomly assigned competitor that first accumulates scores on succeeding weeks whose only or final digit corresponds to all of the numbers zero through nine. A variation of this pool tallies only those scores in which the competitor is the winner of a sports event. The number of participants is limited to the number of competitors in an established league.

(f) A "weekly sweepstakes sports pool" in which a different competitor or competitors are randomly assigned to participants for each week. The winner is determined by the most or least points scored by the competitor or competitors assigned to a participant or by the most games won by the competitors assigned to a participant. The number of participants is limited to the number of competitors in a league or to the maximum combination of competitors in a league.

(g) A "multiple competitor sports pool" in which three or more competitors simultaneously compete in a sports event or series of sports events as individuals, or as a team, such as in a car race, golf tournament, or basketball tournament. Competitors may be randomly assigned or selected by participants, and a pool winner is determined by the score or place that the competitor attains in the sports event, tournament, or series of sports events.

History

Authorizing statute(s): 23-5-115, 23-5-512, MCA
Implementing statute(s): 23-5-502, 23-5-503, 23-5-512, MCA
History: TEMP, NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2012 MAR p. 402, Eff. 2/24/12; AMD, 2013 MAR p. 1606, Eff. 10/1/13; AMD, 2014 MAR p. 1505, Eff. 7/11/14; AMD, 2017 MAR p. 1893, Eff. 10/14/17; AMD, 2022 MAR p. 48, Eff. 1/15/22; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.1706 Procedures for Approving Variations of Authorized Pools

(1) A variation of an authorized sports pool may not be conducted unless approved by the department.

(2) A person qualified to be a sponsor may apply to the department for approval of a variation of an authorized sports pool by submitting the following information:

(a) a detailed description of the operation of the pool, which verifies that:

(i) there would be at least one winner from among the participants in the sports pool;

(ii) each participant would have an equal chance to win; and

(iii) competitors would be randomly assigned to each participant.

(b) a description of the method of choosing a winner; and

(3) The department may request additional information, including a demonstration of the sports pool variation submitted for approval.

(4) After reviewing the proposed sports pool variation, the department shall notify in writing the applicant of its intended action. An applicant desiring to challenge the department's action must proceed under ARM 23.16.108 and 23.16.203.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-512, MCA
History: TEMP, NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2019 MAR p. 1860, Eff. 10/19/19.

Mont. Admin. R. 23.16.1709 Conduct of Sports Pool for Pig, Gerbil, or Hamster Races

(1) A sports pool on races between pigs, gerbils or hamsters must be conducted in accordance with 23-5-501 through 23-5-512 , MCA, and ARM 23.16.1701 through 23.16.1706.

(2) A licensee conducting such a sports pool must comply with additional health or safety measures as may be required by the county board of health or local law enforcement officials in which the premises are located.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-502, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94.

Mont. Admin. R. 23.16.1712 Design and Conduct of Sports Tab Game

(1) A sports tab game may be conducted as a traditional sports tab game in conjunction with a single sports event with two competitors, or as a series sports tab game. A sponsor may conduct more than one sports tab game for each event.

(a) A "traditional sports tab game" involves a single sports event with two competitors that is conducted using a sports tab card. A winner is determined by matching the numbers printed on the sports tab with the only or last digit of the score of each competitor in the sports event at the conclusion of the event. Winners may also be determined by the score at predetermined intervals during the event as long as there is also a winner and prize awarded based upon the score at the conclusion of the event. If any prize is awarded for a score attained at a predetermined interval, the value of any such prize may not exceed the value of the prize awarded for the score attained at the conclusion of the event, as provided in ARM 23.16.1714.

(b) A "series sports tab game" is conducted using a single sports tab card in conjunction with a series of sports events. The pair of numbers on a participant's sports tab are used for each sports event in the series. The competitors in each sports event in the series may be individual teams or a combination of teams (e.g., a group of teams designated as home teams versus a group of teams designated as away teams). Sports tabs must be sold for all events in the series of sports events and may not be sold for individual events. Winners for each sports event in the series are determined:

(i) in the same manner as in a traditional sports tab game; or

(ii) in the same manner as in a traditional sports tab game for the first sports event in the series. For the second and subsequent events, winners are determined by combining the scores generated by each competitor in the previous events.

(2) Before the sale of any sports tabs in a sports tab game, the sponsor shall describe the game by prominently displaying the following information on the sports tab card or on a board to which the card is attached:

(a) name of the competitors in the sports event;

(b) date of the sports event or dates of the series of sports events;

(d) name of the sponsor;

(e) cost of a sports tab;

(f) total dollar value of all prizes to be awarded to winners;

(g) total amount to be retained by the sponsor;

(h) dollar amount or type and value of merchandise to be awarded to each winner;

(i) predetermined intervals, as provided in ARM 23.16.1714, during the sports event for which prizes are to be awarded, if any;

(j) name of the competitors and the date of the sports event that will be substituted for the original sports event if it is cancelled; and

(k) in the case of a sports tab game conducted by a sponsor to support a nonprofit organization, the name of the nonprofit organization, the percentage of the net sports tab game proceeds to be donated, and the percentage of the net sports tab game proceeds to be awarded to the winner.

(3) After sale of the sports tabs begins, the sponsor:

(a) may not cancel the sports tab game or alter the game in any manner; and

(b) shall award all prizes only at the conclusion of the single sports event in a traditional sports tab game, or at the conclusion of all sports events in a series sports tab game, in accordance with the description required under (2), regardless of whether all sports tabs on the sports tab card are sold to participants before the start of the sports event.

(4) The sports tab games purchased must have a permanent, unduplicated serial number printed on the sports tab card and have the same number printed on each sports tab affixed to the sports tab card. The sports tab cards must not have any concealed numbers on the card other than those concealed by the 100 sports tabs.

(5) All money paid to participate in each sports tab game shall be kept separate from any other money. No share for charitable contributions or administrative expenses may be separated from the total amount collected until after the sports event has occurred.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-501, 23-5-503, MCA
History: TEMP, NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2012 MAR p. 402, Eff. 2/24/12; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2015 MAR p. 1197, Eff. 8/14/15; AMD, 2019 MAR p. 1860, Eff. 10/19/19.

Mont. Admin. R. 23.16.1713 Purchase and Sale of Sports Tabs by Sponsor - Licensure

(1) A sponsor shall purchase a sports tab game only from a licensed sports tab game seller. The sports tab card must display a sports tab decal as provided for in ARM 23.16.1717.

(2) A sponsor may conduct sports tab games only on premises licensed to sell alcoholic beverages for consumption on the premises.

(3) The total cost of each sports tab on the same sports tab card must be identical. A participant shall pay cash for the sports tab at the time the tab is selected.

(4) Except for the owner of the licensed premises under (2) who holds a gambling operator's license, every sports tab game sponsor must possess a current Montana Associated Gambling Business License.

History

Authorizing statute(s): 23-5-115, 23-5-178, MCA
Implementing statute(s): 23-5-178, 23-5-502, 23-5-503, MCA
History: TEMP, NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2011 MAR p. 2628, Eff. 12/9/11; AMD, 2013 MAR p. 1606, Eff. 10/1/13; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.1714 Sports Tab Game Prizes

(1) Winners may be determined by the score at predetermined intervals during the event as long as there is also a winner and prize awarded based upon the score attained at the conclusion of the event. If any prize is to be awarded for a score attained at a predetermined interval during a sports event, the value of any such prize may not exceed the value of the prize to be awarded for the score at the conclusion of the event.

(2) Except as provided in (4), a sponsor shall pay to the winners of a sports tab game at least 90% of the cost of the sports tabs. The sponsor may retain up to 10% of the cost of the sports tabs.

(3) The cost to participate in a sports tab game is unlimited and the total value of all prizes awarded in a sports tab game is unlimited. Prizes may be in cash or merchandise, or a combination of cash and merchandise. If merchandise is awarded, the purchase price paid for the merchandise is considered to be the value of the prize. Except as provided in (4), if the value of the merchandise is less than 90% of the cost of the sports tabs the difference must be awarded to the winners in cash.

(4) A sponsor who conducts a sports tab game to support a nonprofit organization may donate up to 50% of the net proceeds of the sports tabs if the nonprofit organization meets the requirements of 23-5-503, MCA.

(5) All prizes must be available for distribution to winners immediately at the conclusion of the sports event, or at the conclusion of all sports events in a series sports tab game.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-501, 23-5-502, 23-5-503, MCA
History: TEMP, NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2012 MAR p. 402, Eff. 2/24/12; AMD, 2013 MAR p. 1606, Eff. 10/1/13; AMD, 2015 MAR p. 1197, Eff. 8/14/15; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.1715 Sponsor Record Keeping Requirements

(1) After a winning sports tab is submitted to the sponsor and a prize is awarded, the sponsor shall cancel the tab, by whatever means chosen, and attach the cancelled tab to the sports tab card or board.

(2) A sports tab that was not sold to a participant may be revealed by the sponsor after the beginning of the sports event, but all unsold sports tabs must remain attached to the sports tab card.

(3) The sponsor shall retain a sports tab card that was used in a sports tab game for at least one year after the date of the sports event upon which the sports tab game was based.

(4) If merchandise is awarded as a prize, the sponsor shall retain proof of the purchase price of the merchandise for one year after the date of the sports event.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-501, 23-5-503, MCA
History: TEMP, NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2015 MAR p. 1197, Eff. 8/14/15.

Mont. Admin. R. 23.16.1716 Sports Tab Game Seller License

(1) Before conducting business in this state, a sports tab game seller shall obtain a sports tab game seller license from the department. An applicant for a license shall submit to the department:

(a) a sports tab game seller license application, Form 17, which is available upon request from any Gambling Control Division office location, or on the department's web site, www.dojmt.gov/gaming;

(b) Form 10 as described in ARM 23.16.102, available upon request from any Gambling Control Division office location, or on the department's web site, www.dojmt.gov/gaming;

(d) financial statements for the applicant's business as described in ARM 23.16.502;

(e) a check or money order for $500 made payable to the state treasurer, which includes payment for the:

(i) $100 annual license fee; and

(ii) $400 processing fee to cover the actual cost of processing the license.

(2) Based on the actual cost incurred by the department in determining whether the applicant qualifies for licensure, the department shall refund any overpayment of the processing fee provided for in (1)(e)(ii) or collect an amount sufficient to reimburse the department for any underpayment of actual costs. If an applicant withdraws the application after the department has begun processing the application, the department shall refund any amount not expended as of the date of withdrawal.

(3) The department may waive the application license and processing fee provided in (1)(e)(i) and (ii) if the applicant is licensed as a manufacturer, distributor, or route operator and if the applicant is substantially the same and has no strangers to the license.

(4) A person licensed under this rule must comply with all laws and rules of the State of Montana and the Department of Justice.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-502, 23-5-503, 23-5-513, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2002 MAR p. 2441, Eff. 9/13/02; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 2333, Eff. 11/24/05; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2022 MAR p. 1836, Eff. 9/24/22; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.1717 Sale of Sports Tab Games by Sports Tab Game Sellers - Collection of Tax

(1) A sports tab game shall be sold only by a licensed sports tab game seller. Sports tab game sellers shall only sell sports tab games that meet the requirements of statute and rule.

(2) A sports tab game seller, either in the conduct of acquiring or selling sports tab games, or in the carrying on of the business and financial arrangements incidental to acquiring or selling sports tab games, shall not pose a threat to the public interest of the state; pose a threat to the effective regulation and control of gambling; or create a danger of illegal practices, methods, or activities.

(3) Before a sports tab game may be sold to a sponsor, the sports tab game seller shall affix a sports tab decal provided by the department in a conspicuous location on the front of the sports tab card. Once affixed, the decal may not be tampered with by any person.

(4) The licensed sports tab game seller shall obtain sports tab decals by submitting a request to the department on a form provided by the department. Upon receipt of the form, the department shall issue sports tab game decals to the sports tab game seller at no cost.

(5) The sports tab game seller shall collect a tax of $1 from the sponsor for each 100 sports tabs sold.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-502, MCA
History: TEMP, NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1998 MAR p. 1176, Eff. 5/1/98.

Mont. Admin. R. 23.16.1718 Quarterly Reporting Requirements

(1) Within 15 days following the end of each fiscal year quarter, the sports tab game seller shall submit to the department on a form provided by the department a report of the tax proceeds collected under ARM 23.16.1717 by the sports game seller.

(2) If the sports tab game seller fails to file the form or remit the required tax when due, the following penalties will be assessed:

(a) 0-30 days late = 10% of tax due;

(b) 31-60 days late = 25% of tax due;

(d) 91 days or more late = 100% of tax due.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-502, MCA
History: TEMP, NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1998 MAR p. 1176, Eff. 5/1/98.

Mont. Admin. R. 23.16.1719 Sports Tab Game Seller Record Keeping Requirements - Decal Inventories

(1) A sports tab game seller shall maintain records by serial number and by manufacturer of all sports tab cards purchased.

(2) A sports tab game seller shall maintain records documenting the total number of sports tab cards sold, the sponsor, and the sports tab tax decal serial number as affixed to each sports tab game card by serial number. The sports tab game seller must maintain these records, and make the records available to the department upon request, for a minimum of 12 full quarters from the previous quarterly tax return due date. Such records shall document:

(a) the total number of sports tab games sold by referencing the sports tab game by game serial number and corresponding sports tab tax decal serial number, including the sponsor's name, license number, address, and phone number; and

(b) the amount and serial numbers of sports tab tax decals remaining in the sports tab game seller's possession.

(3) A sports tab game seller may not transfer sports tab tax decals to any person, except when affixed to a sports tab card. If sports tab game sellers wish to reduce their sports tab tax decal inventory, they may only return the decals to the department. If sports tab game sellers cease to sell sports tab games, they shall file, within 15 days following the date upon which they terminated sales, a report on a form provided by the department, remit any tax due, and return all unused sports tab tax decals.

(4) A sports tab game seller shall return any sports tab tax decals to the department upon request of the department.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-502, 23-5-503, MCA
History: TEMP, NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2013 MAR p. 1606, Eff. 9/6/13.

Mont. Admin. R. 23.16.1720 Use of Sports Tabs and Sports Tab Card Restricted

(1) A sports tab or sports tab card may be possessed and used only as authorized by statute and rule. A sports tab or sports tab card used for any other purpose is an illegal gambling device.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-501, 23-5-503, MCA
History: TEMP, NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1998 MAR p. 1176, Eff. 5/1/98.

Subchapter 23.16.18 Video Gambling Machines - General

Mont. Admin. R. 23.16.1801 Statement of Department Policy

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-605, MCA
Implementing statute(s): 23-5-605, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; REP, 1990 MAR p. 828, Eff. 4/27/90.

Mont. Admin. R. 23.16.1802 Definitions

(1) "Act" means Title 23, chapter 5, part 6, MCA.

(2) "Applicant" means any person who has applied for a permit for a VGM.

(3) "ASD" (audit storage device) means a removable, portable, nonvolatile, electronic, memory storage device that is compatible with a standard port on a personal computer and is used to store electronic records of audit tapes.

(4) "Conventional ROM device" means a device that cannot be altered while installed in a gaming device and may contain executable programs or data that are directly addressed by a processor.

(5) "CTVS" (cash ticket validation system) means a stand-alone system that electronically acquires information from VGMs for the purpose of validating cash ticket vouchers.

(6) "Designated representative" means a person designated on forms provided by the department to be a representative of the licensed VGM owner or operator. This designation is made for the purposes of filing quarterly reporting documents, applying for permits, receiving of forms, etc. However, the permit holder or VGM owner remains responsible for maintaining accurate records, filing reports in a timely manner, or paying VGM taxes due.

(7) "Destruction of a VGM" may be the result of deliberate or accidental causes. However, in all cases a VGM shall be considered destroyed only if it results in the VGM never being able to function again.

(8) "Entertainment display" means a separate visual display to represent the outcome of a video line game and must be displayed as a video line game. This display should be considered for entertainment purposes only as the game outcome must be solely derived from the corresponding video line game.

(9) "EPROM" means an erasable and programmable read-only memory.

(10) "EPRS" (electronic player rewards system) means a stand-alone system that electronically acquires information from VGMs for the purpose of player rewards, as authorized by Title 23, chapter 5, MCA.

(11) "Game marked spots" means spots selected by a keno game title that do not require player interaction.

(12) "Game title" means an identifier representing a unique playable game, as defined in 23-5-602, MCA, at its most basic level. For example, program name ABC123 has a poker game "Jacks or Better" with unique pay tables for the five cent and 25 cent denominations. The game titles might be "Jacks or Better .05" and "Jacks or Better .25."

(13) "Identification decal" means a decal permanently affixed to a VGM and bears its unique identification number issued by the department.

(14) "Lifetime memory clear" means a procedure initiated by use of the audit key to clear electronic meters as defined by the department.

(15) "Logic" means a digital integrated circuit.

(16) "Machine" means an electronic VGM.

(17) "Machine permit" means a permit issued by the State of Montana that authorizes a specific VGM to be offered for play.

(18) "Modification" means a change or alteration to a VGM that affects the manner or mode of play of the VGM. The term includes any change to the control program, graphics program, or theoretical return percentage. The term does not include:

(a) a change in a VGM from one approved configuration to another approved configuration or from one approved mode of play to another approved mode of play;

(b) replacement of one component with another approved component; or

(19) "Multigame machine" means a VGM that at all times offers for play to the public, within the same VGM cabinet, a combination of at least two of the following types of games that have been approved by the department:

(a) video poker;

(b) video keno;

(d) video line games.

(20) "PAL" means a programmable array logic or digital integrated circuit.

(21) "Predominant game" means a game, authorized under Title 23, chapter 5, part 6, MCA, the play of which can result in progression to a bonus game, and contributes more than 50% of the overall theoretical return.

(22) "PROM" means programmable read-only memory.

(23) "Royalty" means a defined hand combination, card value, and/or card position in the game of video poker which determines the award of multipliers, credit that can be redeemed for cash, free games, or altered play in subsequent games.

(24) "Simulates the game of draw poker" means plays by or mimics the generally accepted rules or methods of any of the various card games known as "draw poker," whether played against another player or the house. Draw poker simulations include, but are not limited to, symbols used for or in place of images of playing cards, and draw poker wagering techniques. For purposes of this definition, a determination that a VGM plays the game of draw poker is not solely based on the game title.

(25) "Theoretical return" means the calculation of expected payback per 23-5-607, MCA, computed by summing the award and probability products for all paytable combinations.

(26) "Trigger game" means a game authorized under Title 23, chapter 5, part 6, MCA, the playing of which determines progression to bonus games, free games, or altered play in subsequent games.

(27) "Valid ticket voucher" is a ticket produced by a VGM that is the result of bona fide play of a gambling machine and not the result of forgery, player tampering, manipulation, or a VGM malfunction that can be documented.

(28) "Video bingo" means the game of bingo as defined in Montana law when offered and simulated by a VGM that uses video images and a random number generator rather than authorized equipment as defined in 23-5-112, MCA. The image or images projected on the video display of VGMs are a material component of the game and shall not simulate an illegal gambling device or enterprise.

(29) "Video keno" means the game of keno as defined in Montana law when offered and simulated by a VGM that uses video images and a random number generator rather than authorized equipment as defined in 23-5-112, MCA. The image or images projected on the video display of VGMs are a material component of the game and shall not simulate an illegal gambling device or enterprise.

(30) "Video line game" means a game in which numbers and/or symbols are drawn using a random number generator and displayed on a video screen in a variety of alignments or orders with a chance of achieving a defined outcome.

(31) "Video poker" means the games of draw poker, stud, or hold 'em as defined in this rule when offered and simulated by a VGM that uses video images and a random number generator.

(a) The images projected on the video display of VGMs are a material component of the game and shall not simulate an illegal gambling device or enterprise.

(b) Varieties of draw poker, stud, and hold 'em must be found in the department's authority reference used for the live game of poker.

(32) "Win" means playing a video game authorized in Title 23, chapter 5, part 6, MCA, as defined by rule, achieving a defined paytable combination and receiving an award that can be redeemed for cash.

History

Authorizing statute(s): 23-5-115, 23-5-602, 23-5-621, MCA
Implementing statute(s): 23-5-111, 23-5-112, 23-5-115, 23-5-151, 23-5-602, 23-5-603, 23-5-607, 23-5-608, 23-5-610, 23-5-611, 23-5-612, 23-5-621, 23-5-637, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1999 MAR p. 2048, Eff. 9/24/99; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2006 MAR p. 2131, Eff. 9/22/06; AMD, 2006 MAR p. 2916, Eff. 11/23/06; AMD, 2009 MAR p. 84, Eff. 1/30/09; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2018 MAR p. 1958, Eff. 10/6/18; AMD, 2022 MAR p. 48, Eff. 1/15/22; AMD, 2024 MAR p. 472, Eff. 3/9/24.

Mont. Admin. R. 23.16.1803 Application for Permit, Fee, and Permit Requirements

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-602, 23-5-611, 23-5-612, 23-5-621, 23-5-637, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2003 MAR p. 1282, Eff. 6/27/03; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2006 MAR p. 2131, Eff. 9/22/06; REP, 2017 MAR p. 1893, Eff. 10/14/17.

Mont. Admin. R. 23.16.1804 Proration of License Fee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-605, MCA
Implementing statute(s): 23-5-605, 23-5-612(1), MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; REP, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89.

Mont. Admin. R. 23.16.1805 Refund of Permit Fee

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-612, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 2003 MAR p. 1282, Eff. 6/27/03; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2008 MAR p. 1150, Eff. 6/13/08; REP, 2017 MAR p. 1893, Eff. 10/14/17.

Mont. Admin. R. 23.16.1806 Distribution of Net Machine Income Tax to Local Governing Body

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, 23-5-605, MCA
Implementing statute(s): 23-5-605, 23-5-610, 23-5-612(1), MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87, TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; REP, 2003 MAR p. 1282, Eff. 6/27/03.

Mont. Admin. R. 23.16.1807 Issuance of Video Gambling Machine Permit

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, 23-5-605, 23-5-621, MCA
Implementing statute(s): 23-5-603, 23-5-605, 23-5-611, 23-5-612, 23-5-621, 23-5-637, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 2003 MAR p. 1989, Eff. 9/30/03; AMD, 2006 MAR p. 2131, Eff. 9/22/06; REP, 2017 MAR p. 1893, Eff. 10/14/17.

Mont. Admin. R. 23.16.1808 Licenses Issued Under Temporary Authority

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, 23-5-605, MCA
Implementing statute(s): 23-5-177, 23-5-605(2) (a), 23-5-611, 23-5-612, 23-5-617, 23-5-635, MCA
History: NEW, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; REP, 1993 MAR p. 2786, Eff. 11/25/93; REP, 1994 MAR p. 2834, Eff. 10/28/94.

Mont. Admin. R. 23.16.1809 Determination of Annual Permit Surcharge

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-612, MCA
History: NEW, 2003 MAR p. 1282, Eff. 6/27/03; REP, 2005 MAR p. 1281, Eff. 7/15/05.

Mont. Admin. R. 23.16.1810 Change in Designation of Number of Machines for Annual Permit Surcharge

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-612, MCA
History: NEW, 2003 MAR p. 1282, Eff. 6/27/03; REP, 2005 MAR p. 1281, Eff. 7/15/05.

Mont. Admin. R. 23.16.1811 Identification Decal Required on All Video Gambling Machines

(1) Upon request from a licensed video gambling machine manufacturer, distributor, route operator, or operator of a gambling establishment, the department will issue identification decals to be placed upon approved video gambling machines prior to their distribution or sale.

(2) The identification decal must be affixed to a machine before a machine is placed in service.

(3) The identification decal must be placed on the machine in such a manner that the identification decal is not obstructed from view and can be permanently maintained.

(4) Upon the request of a licensed manufacturer, distributor, operator, or route operator, the department will provide replacement identification decals for decals that have been destroyed or removed.

(5) For all video gambling machines validly permitted at the time this rule becomes effective, identification decals may be placed on the machines:

(a) by an employee of the department; or

(b) by a route operator who shall submit audit tapes and documents verifying the placement on the proper machine.

History

Authorizing statute(s): 23-5-621, MCA
Implementing statute(s): 23-5-621, 23-5-637, MCA
History: NEW, 2006 MAR p. 2131, Eff. 9/22/06; AMD, 2024 MAR p. 472, Eff. 3/9/24.

Mont. Admin. R. 23.16.1821 Authority to Operate

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-605, MCA
Implementing statute(s): 23-5-605, 23-5-611, 23-5-612(1), MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; REP, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89.

Mont. Admin. R. 23.16.1822 Permit Not Transferable

(1) Except as provided below, any permit to operate an electronic video gambling machine is only valid for the permit holder and the premises identified on the permit application.

(2) When, during the first quarter of the permit year, a gambling operation changes ownership and the application for a new gambling operator license has been approved, the permit fee for the machines on the premises is $25 per machine if the $240 licensing fee has already been paid for that machine for the permit year.

(3) A permit is also restricted to the particular machine approved by the department and identified on the permit application. No additional permit fee will be charged when a licensed premises changes its location and its permitted video gambling machines also move to the new location. No additional permit fee will be charged when permitted video gambling machines are converted to multigame and the owner of the machines has connected or signed an agreement with the department to be connected to the automated accounting and reporting system.

(4) A machine may not be moved from a licensee's premises and placed in service at another premises unless application is made for a new electronic video gambling machine permit, the permit fee is paid, and a new permit is issued. A new permit is required even if a machine has a current, unexpired permit for the former location.

(5) If a machine is destroyed as a result of an accident, criminal act, or natural disaster, and then replaced by a newly permitted machine, the unused portion of the fee paid on the destroyed machine will be applied as a credit to the fee due on the replacement machine. The department may require proof of destruction before credit is applied.

(6) A completed Letter of Withdrawal (LOW) must be submitted to the department when a permitted machine is removed from play and the premises prior to the renewal deadline of each year, June 30. The LOW must be submitted no later than ten days from the date the machine is removed from play. A LOW form is available upon request from the department. The LOW is not complete unless it is dated and signed by the licensee or a designated representative, and contains all of the information and attachments required by the department. Except as provided in (8), the provisions of this rule do not apply to a machine temporarily removed from play for repair service.

(7) Completed LOWs must also be submitted to the department for machines removed from play for the following reasons:

(a) a licensed location is closed for remodeling and machines are out of play for 30 days or more;

(b) a licensed location is opened only seasonally and machines are out of play for 30 days or more; or

(c) the alcoholic beverage license associated with a licensed location/operator is placed on non-use status and machines are taken out of play for 30 days or more; or

(d) the gambling operator's license has been suspended, revoked, or otherwise terminated.

(8) A LOW must be submitted for machines removed from play for service when the operator determines that it will not be placed back into play during the permit year and will not be renewed at its current location.

(9) In each of the circumstances outlined under (7) and (8), the LOW is due within ten days of the date the requirement for submission has been met. In addition, a new permit will be issued if the machine is placed back in play at the location prior to the end of the fiscal year. The licensee must submit a completed replacement form for issuance of a new permit, and there will be no additional permit fee.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-603, 23-5-611, 23-5-612, 23-5-621, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2002 MAR p. 2441, Eff. 9/13/02; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 2248, Eff. 11/11/05; AMD, 2006 MAR p. 2916, Eff. 11/23/06; AMD, 2013 MAR p. 1340, Eff. 7/26/13; AMD, 2019 MAR p. 302, Eff. 3/16/19.

Mont. Admin. R. 23.16.1823 Video Gambling Permits – Eligibility, Application, Renewal, Proration

(1) A gambling operator is eligible to apply for video gambling machine permits only if the operator holds an appropriate alcoholic beverage license and:

(a) the restrictions of 23-5-629 and 16-4-213, MCA, do not apply;

(b) the restrictions of 23-5-629, MCA, apply, and

(i) the department receives a written application from both common owners that provides revocable consent for a single common owner to apply for video gambling machine permits exclusive of the other; or

(ii) the operators are common owners, as defined in 23-5-629, MCA, but do not, in fact, operate in an interrelated manner as defined in (2); or

(c) the resort area gambling machine permit restrictions of 16-4-213, MCA, apply, but fewer than 20 gambling machines are currently permitted in the resort area.

(2) Operators subject to the restrictions of 23-5-629, MCA, operate in an interrelated manner when they are common owners, as defined in 23-5-629, MCA, and the common owners operate the licensed businesses for their mutual or individual advantage, gain, or convenience. Operators meeting one or more of the definitions of "common owner" in 23-5-629, MCA, are presumed to operate in an interrelated manner and are presumed ineligible for video gambling permits. The presumption that operators subject to the restrictions of 23-5-629, MCA, are operating in an interrelated manner may be rebutted by the operators' submission to the department of evidence that they do not, in fact, operate in an interrelated manner. An operator applying for permits under this rule must:

(a) submit such evidence prior to applying for a video gambling machine permit;

(b) prove by a preponderance of the evidence that they do not operate in an interrelated manner; and

(3) An eligible gambling operator or machine owner must submit a completed video gambling machine permit application (Form 8) for each machine to be permitted. The application to permit a video gambling machine may also be submitted electronically and paid with an electronic check or credit card on a state-sponsored internet site. An application is not complete unless:

(a) it contains all information and statements required by Form 8; and

(b) it includes the permit fee required by 23-5-612, MCA.

(4) A permit fee is not refundable after the department issues the permit except:

(a) the department must refund a permit fee if the permit application is withdrawn before issuance or if the department denies the permit; or

(b) when the applicant demonstrates the permit application was the result of an inadvertent input error and the erroneously permitted machine was not placed in service.

(5) The department shall prorate the permit fee for a video gambling machine on a quarterly basis according to the following schedule:

Effective Dates For Permit Permit Fee

July 1 through June 30 $240

October 1 through June 30 $180

January 1 through June 30 $120

April 1 through June 30 $60

(6) Video gambling machine permit renewals and fees must be submitted to the department prior to June 30 of the current license year.

(7) The department may consider the same criteria for renewal of permits as for the original issuance of a permit. Failure to satisfy the permit criteria contained in the act and these rules may result in denial of renewal of the permit.

(8) Upon approval of a permit application, the department will issue a new gambling operator license listing all renewed or newly permitted machines. A gambling operator may not place a machine in service before receiving the updated gambling operator license.

(9) The department shall authorize reduced permitting fees if the location is licensed during the first quarter of the fiscal year and the video gambling machines have already been permitted at the current location by the selling entity. The reduced fee is set at $25 per video gambling machine per 23-5-612, MCA.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 16-4-213, 23-5-602, 23-5-611, 23-5-612, 23-5-621, 23-5-629, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2003 MAR p. 1282, Eff. 6/27/03; AMD, 2005 MAR p. 964, Eff. 6/17/05; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2006 MAR p. 2131, Eff. 9/22/06; AMD, 2013 MAR p. 1340, Eff. 7/26/13; AMD, 2017 MAR p. 1893, Eff. 10/14/17; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2024 MAR p. 472, Eff. 3/9/24.

Mont. Admin. R. 23.16.1824 Licensee Business Relationships

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-605, MCA
Implementing statute(s): 23-5-605, 23-5-613, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; REP, 1990 MAR p. 828, Eff. 4/27/90.

Mont. Admin. R. 23.16.1825 Licensee Qualifications - Denial of Application - Nonrenewal of License - Fair Hearing - Judicial Review

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-605, MCA
Implementing statute(s): 23-5-605, 23-5-611, 23-5-612(1), MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; REP, 1990 MAR p. 1172, Eff. 4/27/90.

Mont. Admin. R. 23.16.1826 Quarterly Reporting Requirements

(1) End of quarter and service mechanical and electronic meter readings are used for tax calculation purposes and must be taken at the same time. Mechanical meters must be reported exactly as displayed on the machine and not from an audit ticket. Machine owner quarterly reporting requirements are as follows:

(a) For each machine utilizing an approved automated accounting and reporting system, the machine owner or his designated representative shall transmit files to the department, in a format prescribed by the department, with the following information:

(i) for tier I systems, all electronic meter readings and all events set out in ARM 23.16.2105 for each day the machine is in operation;

(ii) for tier II systems:

(A) all electronic meter readings for each week or two-week period for which the machine is approved to report;

(B) electronic and mechanical meter readings up to 14 days prior to the end of the quarter but not later than seven days after the last day of each quarter may be designated as the quarter end meter readings; and

(C) before- and after-service electronic and mechanical meter readings must be submitted if meters are reset or malfunction.

(b) For machines utilizing an approved automated accounting and reporting system, after the final set of meter readings for the quarter is received, the department will electronically transmit a machine income and tax estimate by machine and location to the machine owner. Upon receipt of the machine income and tax advisory, the owner must contact the department within seven days in order to dispute the machine income and tax estimate.

(c) The machine owner will have until midnight of the 15th day of the month following the quarters ending March 31, June 30, September 30, and December 31 to confirm and pay any tax due by electronic check or credit/debit card using a state-sponsored internet site.

(d) For each machine permitted during a reporting quarter not utilizing an approved automated accounting and reporting system, the machine owner or a designated representative must file with the department a quarterly tax report signed by the machine owner or a designated representative. The forms prescribed and supplied by the department require readings from the mechanical and electronic meters as required by the act. The report will be used by the department to verify payment of all taxes for the machine as required by the act. The following requirements apply:

(i) Forms 6 and 6a make up quarterly video gambling machine tax report. Forms 6 and 6a are incorporated by reference and are available from any Gambling Control Division office location or on the department's web site, www.dojmt.gov/gaming .

(ii) The report must be delivered to Gambling Control Division, 615 South 27th Street, Suite A, Billings, Montana 59101, or bear a United States postal service postmark not later than midnight of the 15th of the month following the quarters ending March 31, June 30, September 30, and December 31.

(iii) The mechanical and electronic meter readings must be recorded for the report within seven days of the close of the operator's last day of business in the reporting quarter. The readings must be supported by the original printed accounting ticket.

(2) If a machine owner shares machine ownership, or a machine's revenues with another person or business entity, the machine owner or his designated representative must provide upon the same quarterly tax form prescribed by the department in (1), information for each machine as follows:

(a) full identification including name, address, and social security number (or federal identification number) of all persons or business entities involved in the above-mentioned business relationship;

(b) percentages of participation in machine income by each person or business entity involved in the above-mentioned business relationship; and

(c) specific machine income (total collections less amounts paid to players without adjustment for expenses) paid to and/or received by each person or business entity involved in the above-mentioned business relationship.

(3) For the purposes of this rule the term theft includes the physical break-in or entry into the video gambling machine, or manipulation of the machine by external means, resulting in the accumulation of credits available for redemption without the insertion of money. If the gross income reported for a machine has been reduced to reflect a loss resulting from a theft from the machine, the machine owner or a designated representative shall submit the following information together with the quarterly report:

(a) documentation from a law enforcement agency verifying that the theft was reported;

(b) a letter or other document signed by the machine owner's business insurance agent indicating the amount paid or to be paid, if any, by the insurer to cover the loss resulting from the theft; and

(c) the last cash-access accounting ticket generated before the theft occurred and the first cash-access accounting ticket generated after the theft occurred. The tickets will be used by the department to calculate the maximum amount that may be deducted for a loss resulting from a theft.

(d) In all cases the theft loss must be supported by records required in ARM 23.16.1827.

(4) If the machine owner or a designated representative fails to file the quarterly tax report or remit the required gross machine income tax when due, the following penalties will be assessed:

(a) 0 - 30 days late = 10% of tax due;

(b) 31 - 60 days late = 25% of tax due;

(d) 91 days or more = 100% of tax due.

(5) The imposition of these penalties does not preclude the department from taking further action against the machine owner responsible for preparing the report, including, but not limited to, temporary cease and desist orders under 23-5-136, MCA.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-136, 23-5-610, 23-5-621, 23-5-637, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 1172, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1999 MAR p. 2048, Eff. 9/24/99; AMD, 2006 MAR p. 2131, Eff. 9/22/06; AMD, 2009 MAR p. 2480, Eff. 12/25/09; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2022 MAR p. 1836, Eff. 9/24/22; AMD, 2024 MAR p. 472, Eff. 3/9/24.

Mont. Admin. R. 23.16.1826A REPORTING FREQUENCY FOR APPROVED AUTOMATED ACCOUNTING SYSTEMS – EXCEPTIONS

23.16.1826A REPORTING FREQUENCY FOR APPROVED AUTOMATED ACCOUNTING SYSTEMS – EXCEPTIONS

(1) Tier I systems shall transmit the information required by ARM 23.16.2105 each day.

(2) Tier II systems shall transmit the information required by ARM 23.16.2105 at either seven day or 14 day reporting intervals. The election of a specific reporting interval shall be made by the machine owner or a designated representative on the application to utilize an approved automated accounting system (form 34). Route operators shall notify the division of their election of reporting intervals, or change of election of reporting intervals, on form 34(a).

(3) A machine owner or a designated representative who fails to timely transmit the required information will receive a notice from the department identifying the reporting failure. Prior to the next reporting interval, the machine owner or a designated representative must respond to the department notice with a statement explaining the reason for the reporting failure.

(4) When the explanation for the reporting failure does not demonstrate the inability of the machine owner or a designated representative to physically access the machine in order to meet the reporting interval, or when multiple reporting failures demonstrate an inability to physically access the machine, the department may require more frequent reporting intervals, require longer periods of record retention, or take any action authorized under 23-5-136, MCA.

History

Authorizing statute(s): 23-5-621, MCA
Implementing statute(s): 23-5-610, 23-5-621, 23-5-637, MCA
History: NEW, 2006 MAR p. 2916, Eff. 11/23/06; AMD, 2009 MAR p. 2480, Eff. 12/25/09; AMD, 2013 MAR p. 1606, Eff. 9/6/13.

Mont. Admin. R. 23.16.1827 Record Keeping Requirements

(1) Machine operation records must be maintained and made available for inspection by the department upon request. The records must be maintained by the machine owner. The records must provide all necessary information the department may require to ensure operation of machines in compliance with the law. Mechanical meters must be recorded exactly as displayed on the machine and not from an audit ticket.

(2) Except as provided in (4), records to be maintained by machine owners continuing to file reports and maintain records manually and those using tier II automated accounting and reporting systems must include:

(a) a correct lifetime audit ticket as provided for by department rules, which must include progressive accounting data if applicable. For those reporting manually and on a tier II automated accounting and reporting system on a 7-day reporting interval, the lifetime audit ticket must be printed for each machine at least once every seven days. For those reporting on a tier II automated accounting and reporting system on a 14-day reporting interval, the lifetime audit ticket must be printed for each machine at least once every 14 days;

(b) the exact copy of all printed ticket vouchers and audit tickets, i.e. the duplicate audit tape(s) created at the time each audit or payout ticket is printed;

(d) documentation of total actual cash counted for the licensed location for the same period as the mechanical meter readings were taken as required in (2)(c); and

(e) a three-way reconciliation of the total actual cash count required in (2)(d), and the total cash activity reflected by both the electronic and mechanical meter readings required in (2)(b) and (c). The three totals, actual cash, electronic readings, and mechanical readings must be calculated and reconciled for the same time period and must be completed at least once every two weeks. Any material difference must be documented and the reason for the difference substantiated. A material difference means a difference in the amount of cash counted and cash reflected by the meters that is the lesser than 5% of the total monies placed in the machines during the reconciliation time period or $100. If the difference is due to gambling device malfunction(s), the device(s) must be taken out of play, repaired and service form(s) submitted to the department, before the machine is returned to play. Following a material difference, the machine owner must maintain documentation of the cash count required by (2)(d), by individual machine, until notification is submitted to the department to substantiate that the malfunction has been corrected.

(3) Machine owners using tier I accounting and reporting systems must maintain the following record:

(a) the exact copy of all printed ticket vouchers and audit tickets, i.e., the duplicate audit tape(s) created at the time each audit or payout ticket is printed.

(4) Machine owner's records required by this rule must be maintained in the State of Montana by the machine owner or his representative for the following periods:

(a) machine owners who continue to file reports and maintain records manually must retain those records a minimum of 12 full quarters from the previous quarterly report due date; and

(b) machine owners using a tier I or tier II system must maintain records for a period of four quarters.

(5) Records to be maintained by machine owners on machines with approved audit storage devices (ASD units) must include:

(a) all video gambling machine records required pursuant to 23.16.1902 either on the original ASD device or other electronic media which allow for retrieval and review or transmittal to the department for review; and

(b) all other machine records as required in (2)(c), (d), and (e).

(6) If the machine owner does not keep records as required in this rule, the department may estimate the tax by utilizing the best available method, e.g., average net daily income for a region, estimate based on historical performance, or a gross-up based on established payouts. The department is not limited to the aforementioned methods of estimating income. However, any method used must be justifiable given the factual circumstances, and is subject to administrative and judicial review.

(7) For any violation of the record keeping requirements found in this rule, the department may:

(a) act by means of temporary cease and desist orders under 23-5-136, MCA; or

(b) impose civil penalties under 23-5-136, MCA.

History

Authorizing statute(s): 23-5-115, 23-5-621, 23-5-637, MCA
Implementing statute(s): 23-5-115, 23-5-136, 23-5-610, 23-5-621, 23-5-628, 23-5-637, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 1999 MAR p. 2048, Eff. 9/24/99; AMD, 2006 MAR p. 2916, Eff. 11/23/06; AMD, 2008 MAR p. 1804, Eff. 8/29/08; AMD, 2009 MAR p. 84, Eff. 1/30/09; AMD, 2024 MAR p. 472, Eff. 3/9/24.

Mont. Admin. R. 23.16.1828 General Requirements of Operators, Manufacturers, Manufacturers of Illegal Devices, Distributors, and Route Operators of Video Gambling Machines or Producers of Associated Equipment

(1) Every operator, manufacturer, manufacturer of illegal devices, distributor, or route operator must retain for a period of three years all records relating to the possession, destruction, purchase, lease, rental, or sale of any gambling device. For purpose of this rule, three years means a minimum of 12 full quarters from the previous quarterly tax return due date. The information detailed in (2)(a), (b), (c), and (d) must be retained on each individual machine.

(2) An operator, manufacturer, manufacturer of illegal devices, distributor, or route operator must provide the division with a current list of all video gambling machines owned at the times of application and licensure and provide status reports as required by the department. These reports must include the following information:

(a) manufacturer;

(b) model;

(d) location machine is stored.

(3) Every operator, manufacturer, distributor, route operator, or producer of associated equipment desiring to sell, distribute, lease, or rent video gambling machines or associated equipment in this state or ship video gambling machines to a final destination within the state must:

(a) be issued and maintain all required federal, state, county, and municipal licenses and registrations;

(b) furnish to the department monthly reports identifying the quantities, serial number, manufacturer and model number of each machine such person destroys, purchases, or sells, and such other information the department may determine is necessary to regulate and control video gambling machines in accordance with the act and these rules. All such monthly reports must be filed with the department within 15 days after the end of each required monthly reporting period. The department shall not approve a permit without prior notification of shipment by the machine's manufacturer.

(4) Every manufacturer or distributor proposing to import video gambling machines not approved under ARM 23.16.1901 for research and development or proposing to export legal gambling machines from the state must:

(a) comply with the applicable requirements of ARM 23.16.2001(5) and report such shipments to the department on form 22; and

(b) receive prior approval. If the department has taken no action within five working days of receipt of form 22, the application for approval is deemed granted.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-611, 23-5-614, 23-5-621, 23-5-625, 23-5-631, MCA
History: NEW, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; TRANS & AMD, from ARM 23.16.1917, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2009 MAR p. 2480, Eff. 12/25/09.)

Mont. Admin. R. 23.16.1829 Advertising Restrictions for Video Gambling Machines

(1) A licensed video gambling machine operator, distributor, route operator, or manufacturer may only advertise the play, lease, or sale of video gambling machines authorized by Title 23, part 5, MCA. No signs or advertisements may make any explicit or implicit reference to illegal gambling devices, such as slot machines, including equipment associated with illegal gambling devices.

History

Authorizing statute(s): 23-5-115, 23-5-603, 23-5-621, MCA
Implementing statute(s): 23-5-603, MCA
History: NEW, 2011 MAR p. 1681, Eff. 1/1/12.

Subchapter 23.16.19 Video Gambling Machine Specifications

Mont. Admin. R. 23.16.1901 General Specifications of Vgms

(1) Each VGM model or modification must:

(a) be tested and approved by the department before it may be sold or permitted. The department's approval of a VGM is limited to the manufacturer to whom the approval was granted and may not be transferred. The department may inspect any VGM sold or permitted in the state. All owners or permit holders must grant the department immediate access to inspect VGMs in their possession. Keys to allow access to a VGM for inspection may be provided to the department or must be immediately available at the premises;

(b) be operated by the players in the manner specified by this part;

(c) not have any means of manipulation that could affect the accounting, and operation or outcome of a game. The VGM may not have any functions or parameters adjustable by any separate video display or input codes except for the adjustment of features that are wholly cosmetic or other operational parameters as approved by the Gambling Control Division;

(d) offer only those games defined as video gambling in Title 23, chapter 5, MCA, and operate in the following manner:

(i) in the case of poker, after the initial cards have been dealt, the player may be allowed to raise his wager but the player may not exceed the overall statutory bet limit;

(ii) each game title must display the combinations for which credits/cash value will be awarded and the credits/cash value awarded for each combination;

(iii) the VGM must have locked doors to two separate areas, one containing the logic board and software for the game and the other housing the cash. Conventional media storage devices must be accessible from the front of the VGM. Access from one area to another must not be allowed;

(iv) the VGM may have a mechanism that accepts cash in the form of bills that do not exceed $100;

(v) in the case of poker, each VGM must use a color display with images of cards that closely resemble standard poker playing cards;

(vi) the VGM must be capable of printing a ticket voucher for all credits/cash value owed the player at the completion of each game. A valid ticket voucher must contain the following information in a format prescribed by the department:

(A) the name of the licensed establishment;

(B) the name of the city, town, or county in which the licensed establishment is located;

(D) the VGM identification number (VGMID) assigned to the VGM;

(E) the time of day in hours, minutes, and seconds in a 24-hour format. The clock must automatically account for daylight savings time and indicate "S" for standard time and "D" for daylight savings time;

(F) the current date;

(G) the program name;

(H) the cash value in numerals;

(I) the cash value in words;

(J) the sequential number of the ticket voucher;

(K) this notice clearly displayed on the ticket voucher: "Ticket Void After 48 hours."

(vii) the printing mechanism must be located in a locked area of the VGM to ensure the safekeeping of the audit copy. The printing mechanism must have a paper sensing device that upon sensing a "low paper" condition will allow the VGM to finish printing the ticket and prevent further play. The VGM must recognize a printer power loss occurrence and cease play until power has been restored to the printer and the VGM is capable of producing a valid ticket voucher;

(viii) the VGM must have non-resettable mechanical meters of at least seven digits, housed in a readily accessible locked VGM area. These meters must be in a configuration prescribed by the department. The mechanical meters must be manufactured in such a way as to prevent access to the internal parts without destroying the meter. The department may require and provide a validating identification sticker to attach to the mechanical meters to verify the meters are assigned to a specific licensed VGM. The meters must keep a permanent record of:

(A) total dollars accepted by the coin acceptor mechanism(s) (if applicable), and bill acceptor (if applicable);

(B) total dollars played;

(D) total dollars paid;

(ix) the VGM must contain electronic metering, using meters that record and display the following on the video screen in a format prescribed by the department:

(A) total cents through mechanism(s) 1 and 2 (if applicable);

(B) total cents through the bill acceptor (if applicable);

(D) total games played and total games won;

(E) total cents played and total cents won for each distinct paytable available for play; and

(F) any other metering required by these rules;

(x) the VGM must issue by use of the audit key, an accounting ticket containing a performance synopsis of the VGM and progressive accounting data if applicable. The printing of all totals from the electronic meters shall occur automatically each time access occurs to either the logic compartment or any compartment where cash is collected. Whenever a lifetime memory clear is performed, each VGM must produce a full accounting ticket both before and after each resetting. The tickets must be in the format prescribed by the department and contain:

(A) the name of the licensed establishment;

(B) the name of city, town, or county in which the licensed establishment is located;

(D) the VGM identification number (VGMID) assigned to the VGM;

(F) the current date;

(G) the program name; and

(H) the electronic meter readings required by the department;

(xi) each VGM must have a manufacturer identification tag permanently affixed to it by the VGM manufacturer. The tag must be affixed in a location approved by the department and must include the following information:

(A) manufacturer;

(B) serial number;

(D) date of manufacture;

(xii) the VGM must clearly display a statement that no person under the age of 18 years is allowed to play;

(xiii) each VGM and peripheral electronic device must pass a static test that is determined by the department;

(xiv) a VGM shall be equipped with a surge protector that will feed all A.C. electrical current to the VGM and maintain for a 30-day period the accuracy of all electronic meters, date, and time during power fluctuations and loss.

(2) Any modifications made to an approved VGM must be submitted to the department for approval prior to installation. If a modification is substantial or if a series of minor modifications results in a substantial modification, the VGM as modified must meet all specifications in effect at the time of submission. A licensee's challenge to the department's determination that a modification is substantial must proceed under ARM 23.16.203.

(3) When the department finds that any EPRS, CTVS, AARS, VGM, VGM component, or game title does not comply with statutes and rules applicable at the time of approval, or its actual operation differs from its intended and approved functioning, the department may require game title(s) to be disabled, suspend or revoke a permit, or revoke approval of the EPRS, CTVS, AARS, VGM, or VGM component. The department may also require game title(s) to be disabled, suspend or revoke the permits, or revoke approval of models of an EPRS, CTVS, AARS, VGM, or VGM component similar to one the department finds noncompliant.

History

Authorizing statute(s): 23-5-115, 23-5-602, 23-5-621, MCA
Implementing statute(s): 23-5-136, 23-5-602, 23-5-603, 23-5-608, 23-5-610, 23-5-621, 23-5-637, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; EMERG, AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2000 MAR p. 1638, Eff. 6/30/00; AMD, 2002 MAR p. 2441, Eff. 9/13/02; AMD, 2003 MAR p. 1282, Eff. 6/27/03; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2007 MAR p. 42, Eff. 1/12/07; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2011 MAR p. 2628, Eff. 12/9/11; AMD, 2018 MAR p. 1958, Eff. 10/6/18; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.1902 Audit Data Storage Devices

(1) The department may approve a VGM using an audit storage device (ASD) in place of duplicate printed audit tapes. Each VGM providing ASD support must be reported on a tier I or tier II system and operate in the following manner:

(a) the ASD must have a minimum capacity of 2GB;

(b) at a minimum, record information on the ASD as required in ARM 23.16.1901 as defined by the department;

(d) utilize directory and file layout specifications for all ASD data as provided by the department;

(e) retain ASD data records for a minimum of four quarters;

(f) record required data and confirm in real time;

(g) the ASD must reside in a locked area within the VGM;

(h) each record stored on the ASD must be digitally signed as defined by the department;

(i) the department will administer the distribution of RSA public encryption keys to manufacturers as defined by the department;

(j) the department must be able to authenticate records through the use of an external software utility and RSA private encryption keys as defined by the department;

(k) game play will be suspended when:

(i) an ASD is not present;

(ii) communication with an ASD is lost;

(iii) data written to an ASD does not conform to file conventions and cannot be corrected by the VGM;

(iv) the ASD has insufficient memory to record the largest record possible;

(v) a newly installed ASD has unexpected files, directories, or contains files from a VGM with a different VGMID;

(l) ASD data should not be cleared during a Lifetime Memory Clear;

(m) ASD data must be displayed on VGM by use of the audit key; and

(n) ASD data must display externally on personal computers using common applications such as Word or Excel.

History

Authorizing statute(s): 23-5-115, 23-5-621, 23-5-637, MCA
Implementing statute(s): 23-5-112, 23-5-115, 23-5-616, 23-5-621, 23-5-628, 23-5-637, MCA
History: NEW, 2009 MAR p. 143, Eff. 1/30/09; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1903 Vgm Ticket Vouchers – Expiration Date – Payment in Full Upon Demand – Exceptions

(1) Gambling operators must immediately pay all valid ticket vouchers in full and in cash upon presentation of the ticket for payment.

(2) A ticket voucher that is printed more than 48 hours before it has been presented for payment may, at the discretion of the gambling operator, be deemed invalid and not payable, only if the operator has given notice to players of the 48-hour voucher expiration by:

(a) posting a notice in plain view of the gambling public at the time of play that is not less than 24 inches by 36 inches that reads "Promptly Redeem Your Win Tickets -- Tickets Void After 48 hours"; and

(b) issuing ticket vouchers displaying their expiration by:

(i) for VGMs and programs approved prior to adoption of this rule, the face of the ticket voucher paper has been preprinted with the expiration notice required by ARM 23.16.1901; or

(ii) for VGMs and programs approved after adoption of this rule, the expiration notice is printed on the face of the ticket voucher as required by ARM 23.16.1901.

(3) A gambling operator who has a good faith reason to believe a ticket voucher resulted from a VGM malfunction may refuse payment of the ticket voucher and must proceed as required by ARM 23.16.1904.

History

Authorizing statute(s): 23-5-115, 23-5-608, MCA
Implementing statute(s): 23-5-608, MCA
History: NEW, 2011 MAR p. 1681, Eff. 10/1/11; AMD, 2017 MAR p. 87, Eff. 1/7/17; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1904 Procedure on Discovery of Suspected or Confirmed Vgm Malfunction

(1) A gambling operator who has a good faith belief a ticket voucher is the result of a VGM malfunction may refuse payment of the ticket voucher but must follow these steps:

(a) the gambling operator must immediately:

(i) print an audit ticket from the VGM;

(ii) suspend play of the VGM; and

(iii) contact and consult with the VGM owner if the gambling operator is not also the VGM owner;

(b) after consulting with the VGM owner, a gambling operator:

(i) who no longer believes the ticket voucher resulted from a VGM malfunction shall immediately pay the ticket voucher as provided in ARM 23.16.1903 and the VGM may be returned to active play; or

(ii) who continues to believe the ticket voucher resulted from a VGM malfunction shall within 24 hours submit a completed Form 50 to the department, together with all required documents.

(2) The department upon receipt of the completed Form 50, together with all required documents, shall inspect and evaluate the suspended VGM or its subparts and determine whether the ticket voucher resulted from a VGM malfunction. The department shall notify the player, the VGM owner, and the gambling operator of its determination:

(a) if the department determines the ticket voucher did not result from a VGM malfunction, the gambling operator shall immediately pay the ticket voucher, and the VGM may be returned to active play; or

(b) if the department determines that a VGM malfunction occurred, the ticket voucher is invalid and the gambling operator need not pay the ticket voucher, but the department's determination may include compensation due the player. The department may continue to suspend play of the VGM or a game title until all necessary software or hardware corrections are completed and approved.

(3) VGM owners and gambling operators must report suspected or confirmed software or hardware malfunctions on a completed Form 50 supported by all required documents. The VGM owner or gambling operator must submit the Form 50 and supporting documents to the department within 24 hours of the suspected or confirmed malfunction.

(4) VGM manufacturers must report software or hardware malfunctions on a completed Form 50A supported by all required documents. The Form 50A and supporting documents must be submitted to the department within 24 hours of the malfunction being confirmed by the VGM manufacturer.

(5) For purposes of this rule, the following definitions apply:

(a) a software malfunction means an obvious deviation from the ordinary and expected play of a game that interrupts play, or an event resulting in a player losing credits or additional play earned before the malfunction. Such deviations include, but are not limited to:

(i) repeated game lock-ups or freezes whether or not the VGM can be manipulated to resume play without loss of credits or games earned;

(ii) inability to print an accurate ticket voucher;

(iii) play or VGM behavior inconsistent with the general rules of the game or inconsistent with the particular game description found on help screens;

(iv) any recurrent play anomalies or irregularities; and

(v) any irregular play that can be replicated;

(b) a hardware malfunction means repeated failures or breakdowns of the same VGM component. Such failures or breakdowns include, but are not limited to:

(i) power supplies;

(ii) memory storage devices; and

(iii) logic board integrated circuits.

(6) The following are not software or hardware malfunctions that must be reported under this rule:

(a) a single unexpected VGM event or behavior that cannot be replicated and is not expected to recur;

(b) routine maintenance or repairs commonly reported under ARM 23.16.1929; and

History

Authorizing statute(s): 23-5-115, 23-5-608, 23-5-621, MCA
Implementing statute(s): 23-5-602, 23-5-607, 23-5-608, 23-5-616, 23-5-621, MCA
History: NEW, 2018 MAR p. 1958, Eff. 10/6/18; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.1905 Safety Specifications

(1) A VGM must include the following hardware specifications:

(a) All electrical and mechanical parts and design principles shall follow acceptable industrial codes and standards in both design and manufacture.

(b) A VGM shall be designed to ensure that the player will not be subjected to any physical, electrical, or mechanical hazards.

History

Authorizing statute(s): 23-5-605, 23-5-621, MCA
Implementing statute(s): 23-5-606, 23-5-607, 23-5-609, 23-5-621, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; EMERG, AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1906 General Software Specifications for Vgms

(1) Each VGM must meet the following specifications:

(a) the random number selection process shall conform to an acceptable random order of occurrence and uniformity of distribution as defined by the department;

(b) any variable data, e.g., location name, shall not reside on conventional ROM storage devices that contain game programs;

(d) all electronic meters must be eight digits in length except those used for tracking currency which must be ten digits in length;

(e) for each game title played, the paytable must be prominently displayed and understandable to the player;

(f) poker, keno, bingo, or video line game programs submitted for approval on or after October 1, 2003 and all multigame programs must comply with ARM 23.16.1920;

(g) prominently displays the message "Promptly Redeem Your Win Tickets – Tickets Void After 48 hours" when the printing of a cash ticket voucher is initiated;

(h) the duration of a game title shall be the period of play for a game authorized under Title 23, chapter 5, part 6, MCA, starting with the utilization of the first random number and ending with the last utilized random number; and

(i) paytables must be static and displayed in a form that is readable and clearly defined prior to the start of the game.

(2) A VGM may have software that includes but is not limited to the following:

(a) paytable;

(b) graphics;

(d) optional features to include but not be limited to:

(i) raise;

(ii) auto-bet;

(iii) hold and discard;

(e) program name.

(3) Unattended or auto-play is prohibited except for free games initiated by or as a result of a trigger game.

(4) Notwithstanding any other rule to the contrary, on or after June 30, 1997, the image or images projected on each VGM shall not simulate, in part or in whole, an illegal gambling device or enterprise.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-602, 23-5-603, 23-5-607, 23-5-608, 23-5-611, 23-5-621, 23-5-631, 23-5-637, MCA
History: NEW, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; EMERG, AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2000 MAR p. 1638, Eff. 6/30/00; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1907 Software Specifications for Video Poker Games

(1) Each video poker game title must meet the following specifications for approval for use within the state of Montana. To be approved the game must:

(a) use a deck of cards consisting of 52 standard playing cards (jokers may also be used);

(b) conform to the standard rules of poker in the following manner:

(i) the theoretical return of a royalty must be less than 50% of the overall theoretical return;

(ii) "hand" means the cards dealt to or drawn by a player and retained at the completion of a game;

(d) using a random number generator, replace any discarded cards, if applicable, with additional cards; and

(e) display the winning hand and credits/cash value won for that hand.

History

Authorizing statute(s): 23-5-621, MCA
Implementing statute(s): 23-5-602, 23-5-607, 23-5-621, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 2000 MAR p. 1638, Eff. 6/30/00; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2016 MAR p. 886, Eff. 5/21/16; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1907A SOFTWARE SPECIFICATIONS FOR VIDEO LINE GAMES

23.16.1907A SOFTWARE SPECIFICATIONS FOR VIDEO LINE GAMES

(1) Each video line game title must meet the following specifications for approval for use within the state of Montana. To be approved, the game must:

(a) using a random number generator, draw and display numbers or symbols on at least three reels. Video line game outcomes cannot be determined by the results of past horse races;

(b) clearly identify each individual line that is brought into play by wagering additional money when more than one line is played during a game;

(c) display and identify each winning combination of numbers or symbols, if any, and the credits/cash value won, if any, at the end of each game;

(d) the movement of numbers or symbols stops automatically, or the player may manually stop the movement prior to the automatic stop;

(e) provide winning combinations that form a vertical, horizontal, or diagonal line or other specified shapes that may include:

(i) matching numbers or symbols; or

(ii) particular numbers or symbols that appear in any sequence or position; and

(f) provide a theoretical return of each bet increment not to exceed 92%.

(2) If an entertainment display is used, the conforming line game must:

(a) always be clearly displayed to the player;

(b) be a minimum of three inches by three inches in size;

(d) appear on the same screen as the entertainment display.

(3) The entertainment display must:

(a) meet the requirements in (1)(b) through (e);

(b) be clearly labeled as the entertainment display; and

(4) Licensed VGM manufacturers submitting video line games for approval must supply written verification from a qualified independent testing service that the theoretical return for each bet increment does not exceed 92%. For purposes of this rule, a qualified independent testing service means a person or entity that:

(a) holds a current Montana Associated Gambling Business License;

(b) shares no common ownership interests with the licensed VGM manufacturer that submits the video line game to the department for approval; and

(c) has at least one contract with, or is licensed by, another governmental entity to test gambling machines and provide mathematical certification for the maximum theoretical return for VGM software.

History

Authorizing statute(s): 23-5-115, 23-5-602, 23-5-603, 23-5-621, MCA
Implementing statute(s): 23-5-602, 23-5-603, 23-5-607, 23-5-608, 23-5-611, 23-5-621, MCA
History: NEW, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2018 MAR p. 1958, Eff. 10/6/18; AMD, 2024 MAR p. 472, Eff. 3/9/24.

Mont. Admin. R. 23.16.1908 Software Specifications for Video Keno Games

(1) Each video keno game title must meet the following specifications for approval for use within the state of Montana. To be approved, the game must:

(a) display a fixed playing field of numbers from 1 - 80;

(b) only accept bets on a minimum of two spots and a maximum of ten spots per game;

(d) conform to standard rules of keno except:

(i) game marked spots can be used to trigger free games, games with altered play, bonus games, award multipliers, or credits/cash value;

(ii) the position, characteristics, or order of a drawn ball can affect the paytable; and

(e) display the total number of player spots picked at the end of each game, display the number of balls drawn that matched the players' picks (this may be shown as three out of eight, eight out of ten, etc.) and display any credits/cash value awarded for these combinations.

History

Authorizing statute(s): 23-5-602, 23-5-621, MCA
Implementing statute(s): 23-5-602, 23-5-621, MCA
History: NEW, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2011 MAR p. 2628, Eff. 12/9/11; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1909 Software Specifications for Video Bingo Games

(1) Each video bingo game title must meet the following specifications for approval within the state of Montana. To be approved, the game must:

(a) utilize a field of numbers from one to 75;

(b) provide a card or cards that contain 24 numbered spaces per card and one free spot. No cards may be identical;

(d) conform to standard rules of bingo except:

(i) the position of a drawn ball can be a material component of the game; and

(ii) each game need not produce a bingo.

(e) using a random number generator, draw and display the number of balls picked and the credits/cash value awarded for the number of balls drawn to obtain a bingo;

(f) allow the player the choice of cards on which to play. All winning cards must be available for display on the screen, including any that may be played by the VGM in any game; and

(g) designate the winning arrangement of numbers prior to commencing play.

History

Authorizing statute(s): 23-5-621, MCA
Implementing statute(s): 23-5-621, MCA
History: NEW, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 2000 MAR p. 1638, Eff. 6/30/00; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1909A SOFTWARE SPECIFICATIONS FOR MULTIGAME VGMS

23.16.1909A SOFTWARE SPECIFICATIONS FOR MULTIGAME VGMS

(1) Each multigame VGM must meet the following specifications for approval for use within the State of Montana, if applicable:

(a) offer at least two approved types of games as follows:

(i) video poker games that comply with ARM 23.16.1907;

(ii) video keno games that comply with ARM 23.16.1908;

(iii) video bingo games that comply with ARM 23.16.1909; and

(iv) video line games that comply with ARM 23.16.1907A.

History

Authorizing statute(s): 23-5-115, 23-5-602, 23-5-621, MCA
Implementing statute(s): 23-5-602, 23-5-603, 23-5-607, 23-5-608, 23-5-611, 23-5-621, 23-5-631, 23-5-637, MCA
History: NEW, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1910 Restrictions on Optional Game Format or Features

(1) The department shall determine what optional features may be allowed and such features must be approved by the department prior to inclusion in a VGM's game format. For video poker games the department will evaluate only those draw poker, stud poker, and hold 'em games described in the authority references identified in the department's card game rules.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-602, 23-5-607, 23-5-608, 23-5-621, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1910A BONUS GAMES

23.16.1910A BONUS GAMES

(1) The department may approve bonus games that can be awarded to the player as a result of playing video poker, keno, bingo, or video line games under the following conditions:

(a) before a bonus game may be awarded to the player, the player must achieve a defined outcome by playing a video game authorized in Title 23, chapter 5, part 6, MCA; and

(b) the theoretical return of all bonus games must be less than 50% of the overall theoretical return for that game.

(2) Bonus games can determine any one or more of the following at no risk to the player:

(a) paytable multipliers to be applied to the award obtained in the trigger game;

(b) paytables and/or paytable multipliers for subsequent games;

(d) the award of credits/cash value.

(3) Video poker, keno, bingo, and video line games, authorized in Title 23, chapter 5, part 6, MCA, with or without altered play whether awarded free or for consideration, are not classified as bonus games. When subsequent games are awarded as a result of playing an authorized video poker, keno, bingo, or video line game, awards in the corresponding trigger game cannot be affected by the play of those subsequent games.

History

Authorizing statute(s): 23-5-115, 23-5-602, 23-5-621, MCA
Implementing statute(s): 23-5-112, 23-5-602, 23-5-603, 23-5-608, 23-5-611, 23-5-621, MCA
History: NEW, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1911 Information to Be Provided to the Department

(1) To ensure an EPRS, VGM, AARS, or CTVS complies with the act and these rules, the department may require a licensed manufacturer, accounting system vendor, or associated gambling business to supply information, including but not limited to:

(a) all technical manuals;

(b) all schematics, printed wire assembly and hardware block diagrams;

(d) all source code, including programmer's comments;

(e) binary images for all programs;

(f) media storage devices containing binary image(s), including those that may reside on the peripheral devices;

(g) software compiler;

(h) a written description of the random number generator algorithm;

(i) schedule of proposed payout(s), percentage(s) and odds determinations;

(j) programmer's memory map;

(k) a description of the methods of all testing criteria if performed and the results of the tests for the following:

(i) random number generator;

(ii) electromechanical interference;

(iii) radio frequency interference;

(iv) FCC standards;

(v) A.C. line noise;

(vi) static electricity;

(vii) extreme temperature conditions;

(l) an operator's manual for each peripheral device utilized; and

(m) additional information to be provided for an EPRS, AARS, or CTVS upon request.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-607, 23-5-621, 23-5-631, 23-5-637, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2000 MAR p. 1638, Eff. 6/30/00; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2006 MAR p. 1735, Eff. 7/7/06; AMD, 2018 MAR p. 1958, Eff. 10/6/18; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.1912 Used Keno Machines

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-605, MCA
Implementing statute(s): 23-5-607, MCA
History: NEW, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; REP, 1990 MAR p. 828, Eff. 4/27/90.

Mont. Admin. R. 23.16.1913 Use of Temporary Replacement or Loaner Machines - Permit Required - Reporting

(1) The use of a temporary replacement or loaner machine is authorized only where it is being used to replace a permitted machine that has been removed from service for repair.

(2) Any operator placing a temporary replacement machine in service must notify the department on a form prescribed by the department. An application to place a temporary replacement machine in service is incorporated by reference as Form 7 and is available at any Gambling Control Division office location, or on the department's web site www.dojmt.gov/gaming .

(3) The temporary replacement machine must have an identification number issued by the department. The identification number must be issued in advance of the machine being placed into service, and must be issued to a holder of an operator license. The identification number must be affixed to the machine.

(4) The operator is responsible for filing all quarterly tax reports for the temporary replacement machine.

(5) In no case may the number of machines authorized by the number of permits issued the operator be exceeded by the use of temporary replacement machines. A temporary replacement machine may not be used for more than 90 days in a single location.

(6) A machine replaced by a temporary replacement machine must be removed from public access.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-115, 23-5-603, 23-5-611, 23-5-612, MCA
History: EMERG, NEW, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2022 MAR p. 1836, Eff. 9/24/22.

Mont. Admin. R. 23.16.1914 Distributor's License

(1) Before conducting business in the state, a distributor shall obtain a license from the department. An applicant for a license shall submit to the department:

(a) a distributor's license application, Forms 17 and FD-258 are available at any Gambling Control Division office location, or on the department's web site www.dojmt.gov/gaming ;

(b) Form 10 for all applicants as described in ARM 23.16.102;

(d) financial statements for the applicant's business as described in ARM 23.16.502; and

(e) a check or money order for $2,000 made payable to the State Treasurer, which includes payment for the:

(i) $1,000 annual license fee; and

(ii) $1,000 processing fee to cover the actual cost of processing the license.

(3) The department may waive the application license and processing fees provided for in (1)(e) if the applicant is licensed as a manufacturer, manufacturer of illegal devices, or route operator and if the applicant is substantially the same and has no strangers to the license.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-128, 23-5-176, MCA
History: NEW, 1993 MAR p. 3025, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 2333, Eff. 11/24/05; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2022 MAR p. 1836, Eff. 9/24/22.

Mont. Admin. R. 23.16.1915 Route Operator's License

(1) Before conducting business in the state, a route operator shall obtain a license from the department. An applicant for a license shall submit to the department:

(a) a route operator license application, Forms 17 and FD-258 are available at any Gambling Control Division office location, or on the department's web site www.dojmt.gov/gaming ;

(b) Form 10 for all applicants as described in ARM 23.16.102;

(d) financial statements for the applicant's business as described in ARM 23.16.502; and

(e) a check or money order for $2,000 made payable to the State Treasurer, which includes payment for the:

(i) $1,000 annual license fee; and

(ii) $1,000 processing fee to cover the actual cost of processing the license.

(3) The department may waive the application license and processing fee provided in (1)(e)(i) and (1)(e)(ii) if the applicant is licensed as a manufacturer, manufacturer of illegal devices, or distributor and if the applicant is substantially the same and has no strangers to the license.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-129, 23-5-176, MCA
History: NEW, 1993 MAR p. 3025, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 2333, Eff. 11/24/05; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2022 MAR p. 1836, Eff. 9/24/22.

Mont. Admin. R. 23.16.1916 Manufacturer's License

(1) Before conducting business in the state, a manufacturer shall obtain a license from the department. An applicant for a license shall submit to the department:

(a) a manufacturer's license application, Forms 17 and FD-258 are available at any Gambling Control Division office location, or on the department's web site www.dojmt.gov/gaming ;

(b) Form 10 for all applicants as described in ARM 23.16.102;

(d) financial statements for the applicant's business as described in ARM 23.16.502; and

(e) a check or money order for $2,000 made payable to the State Treasurer, which includes payment for the:

(i) $1,000 annual license fee; and

(ii) $1,000 processing fee to cover the actual cost of processing the license.

(2) Based on the actual cost incurred by the department in determining whether the applicant qualifies for licensure, the department shall refund any overpayment of the processing fee or collect an amount sufficient to reimburse the department for any underpayment of actual costs. If an applicant withdraws the application after the department has begun processing the application, the department shall refund any amount not expended as of the date of withdrawal.

(3) The department may waive the application license and processing fee if the applicant is licensed as a distributor, manufacturer of illegal devices, or route operator and if the applicant is substantially the same and has not added strangers to the license.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-176, 23-5-625, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 3025, Eff. 11/25/93; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 2333, Eff. 11/24/05; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2022 MAR p. 1836, Eff. 9/24/22.

Mont. Admin. R. 23.16.1916A ACCOUNTING SYSTEM VENDOR LICENSE

23.16.1916A ACCOUNTING SYSTEM VENDOR LICENSE

(1) A vendor of a tier I or tier II AARS must obtain a license from the department before conducting business in this state. An applicant for a license must submit to the department:

(a) Form 17, with special accounting system vendor instructions, and Form FD-258, available at any Gambling Control Division office location, or on the department's web site www.dojmt.gov/gaming ;

(b) Form 10 for all applicants as described in ARM 23.16.102;

(d) financial statements for the applicant's business as described in ARM 23.16.502; and

(e) a check or money order for $1,100 made payable to the State Treasurer, which includes payment for the:

(i) $100 annual license fee; and

(ii) $1,000 processing fee to cover the actual cost of processing the license.

(2) Based on the actual cost incurred by the department in determining whether the applicant qualifies for licensure, the department will refund any overpayment of the processing fee or collect an amount sufficient to reimburse the department for any underpayment of actual costs. If an applicant withdraws the application after the department has begun processing the application, the department will refund any amount not expended as of the date of withdrawal.

(3) The department may waive the application and processing fee if the applicant is licensed as an operator, distributor, manufacturer of legal or illegal devices, or a route operator, and if the applicant is substantially the same and has not added strangers to the license.

History

Authorizing statute(s): 23-5-112, 23-5-115, 23-5-178, 23-5-621, MCA
Implementing statute(s): 23-5-115, 23-5-178, 23-5-637, MCA
History: NEW, 2006 MAR p. 1735, Eff. 7/7/06; AMD, 2006 MAR p. 2131, Eff. 9/22/06; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2018 MAR p. 1958, Eff. 10/6/18; AMD, 2022 MAR p. 1836, Eff. 9/24/22.

Mont. Admin. R. 23.16.1918 Testing Fees

(1) Each person submitting an EPRS capable of interfacing with a VGM, VGM, AARS, CTVS, or a modification to an approved EPRS capable of interfacing with a VGM, VGM, AARS, or CTVS for testing and department approval must:

(a) be licensed as a manufacturer, accounting system vendor, or associated gambling business within the state of Montana;

(b) at the time of submission deposit with the department a sum of money to begin testing. This sum is to be as follows:

(i) VGMs, $10,000;

(ii) CTVS, $5,000;

(iii) AARS, $15,000;

(iv) EPRS, $5,000;

(v) modification to an approved EPRS, VGM, CTVS, or AARS, $1,000.

(2) This account will be charged at the rate of $130 per hour.

(3) The division will provide an accounting to the submitting person for charges assessed and will refund any overpayment. The department will notify the submitting person of any underpayment and collect that money prior to giving notice of its intended action.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-631, 23-5-637, MCA
History: EMERG, NEW, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2005 MAR p. 2248, Eff. 11/11/05; AMD, 2006 MAR p. 1735, Eff. 7/7/06; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2018 MAR p. 1958, Eff. 10/6/18; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.1920 Eprs, Aars, Ctvs, and Vgm Hardware and Software Specifications

(1) The communications protocol used shall be the full implementation of International Game Technology's (IGT) Slot Accounting System (SAS) protocol version 6.00 or later.

(a) The IGT SAS protocol specification documents may be obtained from IGT via e-mail: sasman@igt.com.

(b) The required minimum implementation of the IGT SAS protocol is defined in the Montana SAS Serial Protocol Implementation Guide. The guide is available on the Montana Department of Justice, Gambling Control Division web site, www.dojmt.gov/gaming.

(2) The physical interface specification is the Electronic Industries Association (EIA) standard EIA-232-F serial communication interface. Note: This standard is also known as RS-232 and TIA (Telecommunication Industry Association).

(a) The physical interface at the VGM shall be a female D-type 9-pin connector. The cable must be of sufficient length to easily reach the system interface board mounting regardless of the orientation of the interface board.

(b) The VGM shall be configured as data terminal equipment with EIA-232 connector pin out in accordance with the standard as follows:

PIN SIGNAL Description

1 DCD Data Carrier Detect (not used)

2 RX Received Data

3 TX Transmit Data

4 DTR Data Terminal Ready (optional)

5 GND Signal Ready

6 DSR Data Set Ready (not used)

7 RTS Request To Send (not used)

8 CTS Clear To Send (not used)

9 RI Ring Indicator (not used)

(3) Any device communicating with a VGM shall be tested and approved by the department before being offered for sale, sold, or installed/connected to any permitted VGM. This does not include proprietary business software that only receives data published from a Tier 1 site controller.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-603, 23-5-621, 23-5-631, 23-5-637, MCA
History: NEW, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2018 MAR p. 1958, Eff. 10/6/18; AMD, 2019 MAR p. 1860, Eff. 10/19/19; AMD, 2022 MAR p. 48, Eff. 1/15/22; AMD, 2022 MAR p. 1836, Eff. 9/24/22; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.1922 Ctvs Testing and Restrictions

(1) A CTVS is associated equipment that electronically acquires information and data from a VGM for the purpose of validating the authenticity of a ticket voucher presented for payment.

(2) A person licensed as a manufacturer may manufacture and sell a CTVS subject to the following restrictions:

(a) all CTVS and site controllers must be tested and approved by the department prior to being offered for sale, sold, or installed/connected to any permitted VGM;

(b) a CTVS may only be used with VGMs employing an approved AARS;

(c) a CTVS may not electronically capture VGM accounting information and records to be communicated to the department or elsewhere; and

(d) all electronically acquired information must be limited to the sole purpose of validating ticket vouchers.

(3) A gambling operator may use a CTVS subject to the following restrictions:

(a) a gambling operator may purchase an approved CTVS only from a licensed manufacturer, distributor, or route operator; and

(b) before acquiring a CTVS system, every gambling operator must complete a CTVS use disclosure form (Form 33) supplying information to the department, which must include the gambling operator's confirmation:

(i) only AARS enabled VGMs will use a CTVS; and

(ii) the operator's use of electronically acquired information:

(A) will be limited to ticket voucher validation for VGMs permitted to the gambling operator's individual licensed premises; and

(B) will be restricted to VGM ticket voucher validation.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-602, 23-5-621, 23-5-625, 23-5-631, MCA
History: NEW, 2018 MAR p. 1958, Eff. 10/6/18; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.1924 Prohibited Machines

(1) Any machine which, in substance, simulates the game of video poker, keno, bingo, or video line games, without conforming to the requirements of the act or these rules and is placed in service for play by the public is prohibited. Entertainment displays are allowed as provided in ARM 23.16.1907A.

(2) Except as provided in ARM 23.16.2001, a person who owns or operates a machine described in (1) is in violation of the act, these rules and Title 23, chapter 5, MCA. The civil and criminal penalties provided in those titles shall apply.

History

Authorizing statute(s): 23-5-115, 23-5-602, 23-5-605, MCA
Implementing statute(s): 23-5-152, 23-5-602, 23-5-603, 23-5-605, 23-5-606, 23-5-607, 23-5-608, 23-5-609, 23-5-611, 23-5-613, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2024 MAR p. 472, Eff. 3/9/24.

Mont. Admin. R. 23.16.1925 Possession of Unpermitted Machines by Manufacturer, Distributor, Route Operator, Operator, or Repair Service

(1) A manufacturer, distributor, route operator, operator, or repair service may possess or own unpermitted machines or associated equipment which conform to the statutory requirements and rules relating to electronic video gambling machines. Such machines may not be made available for play by the public without a current permit issued by the department.

History

Authorizing statute(s): 23-5-115, 23-5-605, MCA
Implementing statute(s): 23-5-603, 23-5-605, 23-5-616, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 1172, Eff. 4/27/90; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1998 MAR p. 1176, Eff. 5/1/98.

Mont. Admin. R. 23.16.1926 Location of Machines on Premises

(1) An electronic video gambling machine must be placed in such a manner that:

(a) each machine must be placed in such a manner that a minor who tries to play a machine is immediately observed by the licensee or the licensee's employees; and

(b) public access is, to the greatest extent possible, limited to persons over the age of 18.

History

Authorizing statute(s): 23-5-115, 23-5-605, MCA
Implementing statute(s): 23-5-158, 23-5-603, 23-5-605, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 1172, Eff. 4/27/90.

Mont. Admin. R. 23.16.1927 Approval of Vgms and/or Modifications to Approved Vgms by Department

(1) The department may conditionally approve specific models of VGMs or modifications based on its finding that the VGMs conform to the act and these rules.

(a) Final approval of each VGM or modification is required even if a VGM has been conditionally approved.

(b) Conditional or final approval may be withdrawn if the department later learns a VGM does not conform to specifications or requirements that were in effect at the time conditional or final approval was granted.

(2) Approval includes inspection of the hardware and software and all information provided to the department to determine whether a VGM or modification meets all requirements of the act and these rules.

(3) The department may accept shipment of hardware or software as part of an application for conditional or final approval provided that:

(a) the department will not be responsible for any purchase, shipping, or handling charges;

(b) all the applicable information required in ARM 23.16.1911 must accompany the VGM or modification; and

(c) prior to shipment, the department approved such shipment of a VGM or modification for scheduled testing and approval.

(4) A licensee holding approval of a VGM shall have 180 days from the effective date of a new or amended rule establishing VGM specifications in which to conform the VGM to the new specifications.

History

Authorizing statute(s): 23-5-115, 23-5-602, 23-5-605, 23-5-621, MCA
Implementing statute(s): 23-5-605, 23-5-606, 23-5-611, 23-5-621, 23-5-631, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1928 Dissemination of Information

(1) Certain information collected by the department is known to contain confidential information. Information designated as confidential includes but is not limited to the following:

(a) technical manuals, instructions, wiring, or logic diagrams for the machine;

(b) source codes;

(d) media or logic boards containing compiled programs.

(2) Information relating to the results of actual operations as shown on a VGM's meters is not confidential and may be used to compile studies or reports.

(3) Persons with access to confidential information as described in (1) may not use or reveal anything of a confidential nature outside the scope of its intended purpose.

(4) The department shall secure confidential information and restrict all persons from access, except designated employees whose duties include testing and interpretation of the information. Such information is not public record and may not be released to any member of the public.

History

Authorizing statute(s): 23-5-115, 23-5-605, MCA
Implementing statute(s): 23-5-115, 23-5-605, 23-5-606, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.1929 Repairing Machines - Approval

(1) When the department approves the software and logic board of a machine, it may use a prescribed security seal process to guard against any unauthorized tampering or changes to the method by which the game is played on the machine.

(2) Any repair or replacement of a machine's logic board which may cause a loss of memory, change in program name or revision, or change in the meter reading must be reported to the Gambling Control Division of the Department of Justice on forms prescribed by the department at the time of the repair. The report requires the disclosure of the following information:

(a) final electronic and mechanical meter readings before repair;

(b) initial electronic and mechanical meter readings after repair; and

(3) Any repair made to a machine's logic board which requires the breaking of a department seal must be reported to the department before the seal is removed or broken. After repair, the logic board must be reapproved by the Gambling Control Division before being reused in a machine.

(4) Any repair or replacement made to a machine's meters must be reported to the Gambling Control Division before a seal is removed or broken and the readings of the machine's electronic and mechanical meters must be provided to the Gambling Control Division. After repair, the initial readings of the electronic and mechanical meters must be provided before the machine is again placed in operation. The department must subsequently be given access to the machine to reseal the meters and verify their proper operation.

(5) To ensure the integrity, security, and monitoring of machines in service, a permitted machine may not be substituted or replaced until the replacement machine has been issued a permit by the department.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-603, 23-5-616, 23-5-621, 23-5-631, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2014 MAR p. 1505, Eff. 7/11/14.

Mont. Admin. R. 23.16.1930 Department Investigators - Peace Officer Status

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-605, MCA
Implementing statute(s): 23-5-605(4), MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; REP, 1990 MAR p. 828, Eff. 4/27/90.

Mont. Admin. R. 23.16.1931 Inspection and Seizure

(1) The department has the right during the licensee's normal business hours to inspect any EPRS, AARS, CTVS, or VGM. Such right of inspection includes immediate access to each EPRS, AARS, CTVS, or VGM and unlimited inspection of all VGM parts. The department may immediately seize and remove any EPRS, AARS, CTVS, or VGM or device that violates state law or these rules.

(2) Given reasonable cause, the department may remove any EPRS, AARS, CTVS, or VGM or parts from a VGM for laboratory testing and analysis.

(3) The department may seal any EPRS, AARS, CTVS, or VGM left on the licensee's premises pending the department's investigation. Breaking or removing the department's seal will subject the licensee to seizure of the entire EPRS, AARS, CTVS, or VGM and suspension or revocation of any permit or license issued by the department.

History

Authorizing statute(s): 23-5-115, 23-5-602, 23-5-621, MCA
Implementing statute(s): 23-5-113, 23-5-602, 23-5-603, 23-5-608, 23-5-611, 23-5-613, 23-5-621, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; AMD, 1990 MAR p. 828, Eff. 4/27/90; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2018 MAR p. 1958, Eff. 10/6/18; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.1932 Investigation of Licensee

(1) The department may, upon its own motion, and shall upon receipt of a written, verified complaint of any person, investigate the actions of any licensee and the operations of any machine. The investigation shall be undertaken for the purpose of gathering evidence and determining whether a violation of the act or these rules has occurred.

History

Authorizing statute(s): 23-5-115, 23-5-605, MCA
Implementing statute(s): 23-5-113, 23-5-613, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89.

Mont. Admin. R. 23.16.1935 Administrative Proceedings and Judicial Review

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-605, MCA
Implementing statute(s): 23-5-611, 23-5-613, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; REP, 1990 MAR p. 828, Eff. 4/27/90.

Mont. Admin. R. 23.16.1936 Transportation of Machines Into State

(1) All shipments of video gaming machines into this state must comply with the act of the Congress of the United States entitled "An act to prohibit transportation of gambling devices in interstate and foreign commerce," approved January 2, 1951, being Ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. 1171-1177.

History

Authorizing statute(s): 23-5-115, 23-5-605, MCA
Implementing statute(s): 23-5-605, 23-5-621, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89.

Mont. Admin. R. 23.16.1937 Registration of Manufacturers, Suppliers, or Distributors of Video Gaming Machines

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-605, MCA
Implementing statute(s): 23-5-605, 23-5-609, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; AMD, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89; REP, 1990 MAR p. 828, Eff. 4/27/90.

Mont. Admin. R. 23.16.1940 Video Gambling Machines - Trade Shows

(1) Video gambling machines, which have not been approved for operation or sale, may be brought into Montana for the purposes of trade shows, exhibitions, and similar activities, under the following requirements:

(a) The machines must simulate only games authorized in Title 23, chapter 5, MCA.

(b) The department must receive written notification of the activity and intent to display these devices at least three working days prior to the event. Such notification shall include the following information:

(i) a list describing the machines or associated equipment including model and serial number;

(ii) the event, its location, and number of days the device(s) will be displayed;

(iii) the method of transportation and location of storage of the machines;

(iv) the name of the company represented, and the name, address, and telephone number of the individual who will be responsible for the machine while in the state;

(v) the dates the machines will enter and leave the state; and

(vi) the sources and destinations of the machines.

(2) The department may inspect these devices to insure conformity with the requirements of this section.

(3) No machines brought into Montana under this rule may remain in the state for more than 20 working days.

History

Authorizing statute(s): 23-5-621, MCA
Implementing statute(s): 23-5-621, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94.

Mont. Admin. R. 23.16.1945 Civil Violations - Criminal Citations

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-605, MCA
Implementing statute(s): 23-5-605, 23-5-613, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; REP, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89.

Mont. Admin. R. 23.16.1946 Penalties for Civil Violation Issued by Department

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-605, MCA
Implementing statute(s): 23-5-605, 23-5-613, MCA
History: EMERG, NEW, 1985 MAR p. 1623, Eff. 11/1/85; TRANS, from Dept. of Revenue, Ch. 154, L. 1987, Eff. 3/22/87; REP, 1987 MAR p. 1972, Eff. 10/30/87; TRANS, from Dept. of Commerce, Ch. 642, L. 1989, Eff. 7/1/89.

Subchapter 23.16.20 Manufacturers of Gambling Devices Not Legal in Montana

Mont. Admin. R. 23.16.2001 Manufacturer of Illegal Gambling Devices - License - Fee - Reporting Requirements - Inspection of Records - Reports

(1) Before conducting business in the state, a manufacturer of illegal gambling devices shall obtain a license from the department. An applicant for a license shall submit to the department:

(a) a manufacturer license application, Form 17 is available at any Gambling Control Division office location, or on the department's web site www.dojmt.gov/gaming ;

(b) Forms 10 and FD-258 for all applicants as described in ARM 23.16.102;

(d) financial statements for the applicant's business as described in ARM 23.16.502; and

(e) a check or money order for $2,000 made payable to the State Treasurer, which includes payment for the:

(i) $1,000 annual license fee; and

(ii) $1,000 processing fee to cover the actual cost of processing the license.

(2) Based on the actual cost incurred by the department in determining whether the applicant qualifies for licensure, the department shall refund any overpayment of the processing fee or collect an amount sufficient to reimburse the department for any underpayment of actual costs. If an applicant withdraws the application after the department has begun processing the application, the department shall refund any amount not expended as of the date of withdrawal.

(3) The department may waive the application license and processing fee if the applicant is licensed as a distributor, route operator, or manufacturer and if the applicant is substantially the same and has not added strangers to the license.

(4) A person licensed under this rule may import or export illegal gambling devices and associated equipment or either of them only if the sale and transportation of the devices or equipment complies with all applicable local, tribal, state, and federal laws and regulations. The department must approve all proposed imports and exports of illegal gambling devices and associated equipment prior to shipment.

(5) A person licensed under this rule may apply for prior approval to import or export illegal gambling devices and associated equipment or either of them, by submitting to the department:

(a) copies of the applicable gambling licenses held by that person from the jurisdiction(s) to which the person intends to export or from which the person intends to import illegal gambling devices and associated equipment or either of them and, when applicable, approved tribal compacts and relevant ordinances or documents; or

(b) a completed Form 22 including:

(i) the identity of the seller, purchaser, shipper, receiver, method of shipment, proposed date of shipment and estimated date of delivery;

(ii) the terms of the sale, including all contracts, invoices or other documents related to the sale;

(iii) written approval from the jurisdiction in which the devices or associated equipment will be exported or imported; and

(iv) the manufacturer, model number, serial number, type and number of:

(A) devices or associated equipment that will be exported;

(B) illegal devices and associated equipment that contain components that will be imported and used by the licensee to manufacture an illegal device for export from the state;

(C) illegal devices and/or associated equipment that will be imported and tested, reconditioned, refurbished, repaired, or otherwise substantially modified in preparation for export from the state;

(D) illegal devices that will be imported and modified into gambling machines specifically authorized by Montana law or rule; or

(E) illegal devices that will be imported and used for research and development purposes.

(6) If the department has taken no action within five working days of receipt of Form 22, the application for approval is deemed granted.

(7) A person importing or exporting illegal gambling devices and associated equipment or either of them under (5) (a) must provide monthly report(s) to the department using Form 22 and must supply information described in (5) (b) (i) , (ii) (in the case of imports only) , and (iv) . All monthly reports under this rule must be filed with the department within 15 days after the end of each required monthly reporting period.

(8) A person who proposes to import an illegal gambling device to be modified into a gambling machine which is specifically authorized by Montana law or rule must be licensed as a manufacturer and hold the department's approval under ARM 23.16.1901(1)(a) for the machine model to which it is to be modified.

(9) Form 22 is available at any Gambling Control Division office location, or on the department’s web site www.dojmt.gov/gaming .

History

Authorizing statute(s): 23-5-112, 23-5-115, 23-5-152, 23-5-621, MCA
Implementing statute(s): 23-5-115, 23-5-152, 23-5-611, 23-5-614, 23-5-621, 23-5-625, 23-5-631, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 1998 MAR p. 1176, Eff. 5/1/98; AMD, 2002 MAR p. 902, Eff. 4/1/02; AMD, 2002 MAR p. 2441, Eff. 9/13/02; AMD, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2005 MAR p. 2333, Eff. 11/24/05; AMD, 2007 MAR p. 2010, Eff. 12/7/07; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2011 MAR p. 1681, Eff. 1/1/12; AMD, 2013 MAR p. 1606, Eff. 9/6/13; AMD, 2022 MAR p. 1836, Eff. 9/24/22.

Mont. Admin. R. 23.16.2004 Importation of Illegal Gambling Devices

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-152, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; REP, 1998 MAR p. 1176, Eff. 5/1/98.

Subchapter 23.16.21 Automated Accounting and Reporting System Implementation

Mont. Admin. R. 23.16.2101 Combination of Video Poker, Keno, Bingo, and Video Line Games

(1) The department shall allow a video gambling machine to offer a multigame subject to the following:

(a) the owner has received approval of an application to connect to the automated accounting and reporting system provided in 23-5-637, MCA; or

(b) the owner has entered into an agreement with the department for connection to the automated accounting and reporting system when the system becomes available. The agreement to connect to the automated accounting and reporting system shall be in the form of the agreement labeled Department of Justice, Gambling Control Division Form 31.

(2) Video gambling machines identified on Department of Justice, Gambling Control Division Form 31(a) shall be committed to connecting to the automated accounting and reporting system unless multigame is removed from the video gambling machine.

(3) The department shall provide notice to the video gambling machine owner and the video gambling machine lessee not less than 90 days before the date that the video gambling machine owner is required to submit an application to be connected to the automated accounting and reporting system. The notice shall include a general description of the installation and an estimated cost for connection to the automated accounting and reporting system. Cost estimates for components of the system to be provided by manufacturers will only be included in the notice if available from manufacturers on a timely basis. A video gambling machine shall be committed unless the owner has submitted a Gambling Control Division Form 31(c), (Notice of Movement or Removal of Multi-Game) with the form required by ARM 23.16.1929 (service report) to the Gambling Control Division at least 60 days prior to the date for which the owner has been provided notice that the video gambling machine is to be connected to the automated accounting and reporting system.

(4) If the licensed operator of the video gambling machine on which multigame is available is not the video gambling machine owner, each agreement (Form 31) shall be accompanied by a form (Form 31(b)) that acknowledges that the licensed operator has reviewed, understands and agrees to the terms of the agreement (Form 31).

(5) The combination of games may not be offered for play prior to October 1, 2003.

History

Authorizing statute(s): 23-5-115, 23-5-602, 23-5-612, 23-5-621, MCA
Implementing statute(s): 23-5-621, 23-5-637, MCA
History: NEW, 2003 MAR p. 1989, Eff. 9/12/03; AMD, 2006 MAR p. 2131, Eff. 9/22/06; AMD, 2011 MAR p. 1681, Eff. 1/1/12.

Mont. Admin. R. 23.16.2102 Approved Accounting and Reporting System Availability in Relation to Multi-Game Agreements

(1) For purposes of determining when an approved automated accounting system is available under the terms of multi-game video gambling machine agreements, the availability date shall be January 1, 2008, which is a date not sooner than 180 days after the department approved at least two commercially available systems under ARM 23.16.2105 for tier II systems, and when tax reporting was available through the department's internet web site.

History

Authorizing statute(s): 23-5-621, MCA
Implementing statute(s): 23-5-637, MCA
History: NEW, 2006 MAR p. 2131, Eff. 9/22/06; AMD, 2007 MAR p. 1544, Eff. 10/5/07.

Mont. Admin. R. 23.16.2103 Procedures for Providing Notice to Multi-Game Machine Owners and Lessees to Connect to an Approved Accounting and Reporting System

(1) The department shall provide notification for connection to an approved system, as required by ARM 23.16.2101(3) and (4), according to the multi-county districts established by Executive Order 2-71 and Executive Order 7-73. The department shall give priority to those multi-county districts, or combination of districts where, as of March 1, 2008, the greatest number of video gambling machines committed by agreement to connect to an approved reporting system, but not yet connected, are located.

(2) The notification and begin-reporting schedule shall be as follows:

(a) District 7 includes: Big Horn, Carbon, Stillwater, Sweet Grass, and Yellowstone counties. District 11 includes: Mineral, Missoula, and Ravalli counties. District 10 includes: Flathead, Lake, Lincoln, and Sanders counties. District 8 includes: Broadwater, Jefferson, and Lewis and Clark counties. District 12 includes: Beaverhead, Deer Lodge, Granite, Madison, Powell, and Silver Bow counties. District 5 includes: Cascade, Chouteau, Glacier, Pondera, Teton, and Toole counties. District 4 includes: Blaine, Hill, and Liberty counties. District 1 includes: Daniels, Phillips, Roosevelt, Sheridan, and Valley counties. District 2 includes: Dawson, Garfield, McCone, Prairie, Richland, and Wibaux counties. District 3 includes: Carter, Custer, Fallon, Powder River, Rosebud, and Treasure counties. District 6 includes: Fergus, Golden Valley, Judith Basin, Musselshell, Petroleum, and Wheatland counties. District 9 includes: Gallatin, Meagher, and Park counties.

(3) A machine owner who has received a notice to connect may request, in writing, one 90-day postponement of the begin-reporting date upon a demonstration, in writing, of hardship.

(4) A machine owner or lessee who chooses to not connect to an approved reporting system, as provided by these rules, must remove the multi-game software from the video gambling machines, and provide written notice to the department as required by ARM 23.16.1822, at least 30 days prior to the applicable begin-reporting date established in (2).

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-637, MCA
History: NEW, 2008 MAR p. 806, Eff. 4/25/08.

Mont. Admin. R. 23.16.2105 General Specifications of Approved Automated Accounting and Reporting Systems

(1) Each automated accounting and reporting system must be inspected for approval by the department. The department may inspect any approved automated accounting and reporting system sold or operated in the state. Any approval granted by the department to a person is not transferable. Upon request, the department must be allowed immediate access to an approved accounting and reporting system.

(2) Tier I and tier II automated accounting and reporting systems are allowed as follows:

(a) tier I automated accounting and reporting systems electronically communicate information from individual video gambling machines, using the logical interface communications protocol provided in ARM 23.16.1920, and forward the information to a state-sponsored internet provider via internet connection. Tier I automated accounting and reporting systems operate in the following manner:

(i) an approved tier I system shall communicate the following information to the department:

(A) video gambling machine ID;

(B) filing quarter for meter reading to apply;

(D) operator number (location);

(E) route operator license number (if applicable);

(F) notification if meter reading is the first reading for a new video gambling machine;

(G) SAS event code for tier I reporting;

(H) date meter recording was taken;

(I) time meter reading was taken;

(J) soft meter total cents in, total cents played, total cents won, total cents paid;

(K) accounting system software version; and

(L) Program ID;

(ii) monitors video gambling machine performance and records events as defined in ARM 23.16.1920(1)(b);

(iii) video gambling machine system interface boards must utilize power sources independent of that supplied by the video gambling machine so as to not interfere with video gambling machine operation;

(iv) system interface boards shall be securely mounted in each video gambling machine that communicates to an accounting and reporting system; and

(v) the following events must be recorded and reported:

(A) slot door opened;

(B) slot door closed;

(D) drop door closed;

(E) card cage opened;

(F) card cage closed;

(G) AC power applied to the VGM;

(H) AC power was lost from the VGM;

(I) cashbox door opened;

(J) cashbox door was closed;

(K) cashbox removed;

(L) cashbox installed;

(M) belly door opened;

(N) belly door closed;

(O) operator changed configuration options; and

(P) soft meter reset to zero.

(b) Tier II automated accounting and reporting systems that electronically communicate video gambling machine information to a state-sponsored internet site. Tier II automated accounting and reporting systems operate in the following manner:

(i) at a minimum an approved tier II system shall communicate the following information to the department:

(A) vgm ID;

(B) filing quarter for meter reading to apply;

(D) operator number (location);

(E) route operator license number (if applicable);

(F) notification if meter reading is the first reading for a new vgm;

(G) notification if service report is included;

(H) date meter recording was taken;

(I) time meter reading was taken;

(J) service report codes for problem, labor, and parts before and after service (when applicable);

(K) before and after meter reading indication for service if applicable;

(L) hard meter bill in (if applicable);

(M) hard meter coin in, total played, total won, total paid;

(N) soft meter total in, total played, total won, total paid;

(O) number of games played if available;

(P) number of games won if available;

(Q) accounting system software version; and

(R) Program ID if changed since last transmission.

(3) The department may provide file layout specifications for all tier I and tier II information reporting.

(4) Data packet transmission reporting periods are programmable by weekday and time in hours and minutes in a 24-hour format.

(5) Data packet transmission supports real time requests and automatic recurrence by week, day, and time.

(6) Automated accounting and reporting systems must be operated in the manner specified by this rule.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-631, 23-5-637, MCA
History: NEW, 2006 MAR p. 1735, Eff. 7/7/06; AMD, 2007 MAR p. 1544, Eff. 10/5/07.

Mont. Admin. R. 23.16.2107 Application for a Video Gambling Machine Owner or Operator to Utilize an Approved Automated Accounting and Reporting System

(1) An owner or operator intending to utilize an approved automated accounting and reporting system shall, not less than 60 days prior to the first day of the quarter in which the system is to be utilized, submit to the department an application for use of the approved automated accounting and reporting system.

(2) An owner or operator intending to utilize an approved system in which the data entry and recordkeeping will be performed by the route operator as part of a written vending agreement shall, not less than 30 days prior to the first day of the quarter in which the system is to be utilized, submit to the department an application for use of the approved automated accounting and reporting system.

(3) The application shall provide the following information:

(a) a description of the approved automated accounting and reporting system, including the name of the accounting system vendor;

(b) a listing of all video gambling machines that will be connected;

(d) e-mail addresses for authorized employees identified on the application.

(4) The department may approve, deny, or request a modification of the application.

(5) The owner or operator must demonstrate the ability to effectively operate the approved accounting and reporting system, and the department must validate the e-mail addresses for employees identified on the application.

(6) In addition to utilizing an approved accounting and reporting system, the owner or operator will be subject to and must continue to keep records and file quarterly reports manually through the end of the quarter in which they apply for system approval.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-637, MCA
History: NEW, 2006 MAR p. 1735, Eff. 7/7/06; AMD, 2007 MAR p. 2126, Eff. 12/21/07.

Mont. Admin. R. 23.16.2109 Testing of Automated Accounting and Reporting Systems

(1) The department may enter into an agreement with accounting system vendors, route operators, or licensed operators to provide for testing of systems under ARM 23.16.2102. Any agreement for testing shall include the following:

(a) the continued reporting and maintenance of records as provided in ARM 23.16.1826, 23.16.1826A, and 23.16.1827, during the test period;

(b) a description of information to be reported to the Gambling Control Division for purposes of validating test results; and

(2) The department will field test all tier I systems as follows:

(a) review data for correct file submission format;

(b) test batch upload process for proper procedures;

(d) test submitted e-mail addresses; and

(e) evaluate transmissions of data for a 30-60 day period.

(3) The department will field test all tier II automated accounting and reporting systems by requiring all proposed accounting systems to satisfactorily record and communicate electronic meter readings and to demonstrate the system can reliably record and communicate complex transactions.

(4) The department will provide a web site to allow on-line entry of tier II meter readings. In addition, the department will provide an electronic spreadsheet which will allow for entry of required tier II data.

(5) The department may approve an automated accounting and reporting system for purposes of field testing prior to final approval of the system.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-631, 23-5-637, MCA
History: NEW, 2006 MAR p. 1735, Eff. 7/7/06; AMD, 2011 MAR p. 1681, Eff. 8/26/11.

Mont. Admin. R. 23.16.2111 Modification of Approved Automated Accounting and Reporting Systems

(1) All modifications to tier I systems must be submitted to the department for purposes of maintaining records of the approved versions of the approved system.

(2) Any proposed substantial modification of a tier I system or a series of minor modifications whose total result is substantial must meet all of the specific law or rule requirements in effect at the time of submission. The department's determination that a modification is substantial may be contested pursuant to the Montana Administrative Procedure Act.

(3) All modifications to tier II systems that modify the information or communication of the information required for tier II systems by ARM 23.16.2105(2) (b) (i) must be approved by the department.

History

Authorizing statute(s): 23-5-621, MCA
Implementing statute(s): 23-5-631, 23-5-637, MCA
History: NEW, 2006 MAR p. 1735, Eff. 7/7/06.

Mont. Admin. R. 23.16.2113 Continuation of Approved Accounting and Reporting System When Accounting System Vendor's License Lapses

(1) In the event an accounting system vendor fails to renew its license, an operator may continue to operate the approved accounting and reporting system purchased from the vendor if the approved accounting and reporting system requires no modification or support from a vendor to comply with ARM 23.16.2111.

(2) In the event an accounting system vendor fails to renew its license and the conditions for continuation cannot be met, operators using the system shall have 120 days to convert to a new system.

History

Authorizing statute(s): 23-5-621, MCA
Implementing statute(s): 23-5-637, MCA
History: NEW, 2006 MAR p. 1735, Eff. 7/7/06.

Mont. Admin. R. 23.16.2115 Automated Accounting and Reporting System Data Not to Be Used for Player Tracking

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-621, MCA
Implementing statute(s): 23-5-621, MCA
History: NEW, 2006 MAR p. 1735, Eff. 7/7/06; REP, 2022 MAR p. 48, Eff. 1/15/22.

Subchapter 23.16.23 Electronic Live Bingo and Keno Equipment

Mont. Admin. R. 23.16.2301 Definitions

For the purposes of ARM 23.16.2302 through 23.16.2306, the following definitions apply:

(1) "Electronic live bingo or keno equipment" means an electronic device or system that uses a microprocessor to generate random numbers during a live bingo or keno game.

(2) "Manufacturer" means a manufacturer of electronic live bingo or keno equipment as defined in ARM 23.16.101.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-424, 23-5-425, 23-5-426, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.2302 Manufacturer License

(1) Before conducting business in this state, a manufacturer shall obtain an electronic live bingo or keno manufacturer license from the department. An applicant for a license shall submit to the department:

(a) an electronic live bingo or keno manufacturer license application (Form 17);

(b) Form 10 for all applicants as described in ARM 23.16.102;

(d) a check or money order for $2,000 made payable to the State Treasurer, which includes payment for the:

(i) $1,000 annual license fee; and

(ii) $1,000 processing fee to cover the actual cost of processing the license.

(2) Based on the actual cost incurred by the department in determining whether the applicant qualifies for licensure, the department shall refund any overpayment of the processing fee provided for in (1)(d)(ii) or collect an amount sufficient to reimburse the department for any underpayment of actual costs. If an applicant withdraws the application after the department has begun processing the application, the department shall refund any amount not expended as of the date of withdrawal.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-424, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2007 MAR p. 2010, Eff. 12/7/07.

Mont. Admin. R. 23.16.2303 Equipment Examination Fee

(1) A manufacturer shall submit to the department a prototype of his electronic live bingo or keno equipment as provided in 23-5-425 , MCA. At the time the equipment is submitted for examination, the manufacturer shall pay a fee of $2,000.

(2) Based on the actual cost incurred by the department in examining the equipment, the department shall refund any overpayment of the fee or collect an amount sufficient to reimburse the department for any underpayment of actual costs.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-425, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.2304 Modifications to Approved Equipment

(1) A modification to approved electronic live bingo or keno equipment that alters the operation of the equipment must be submitted to the department for examination and approval before installation.

(2) At the time the modification is submitted to the department, the manufacturer shall pay a fee of $200 to cover the actual cost of examining the modification. An overpayment or underpayment of the fee will be processed as provided for in ARM 23.16.2303(2).

(3) Any previously approved equipment subject to a modification must meet the specifications in effect at the time the modification is submitted to the department.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-425, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.2305 Equipment Specifications

(1) Electronic live bingo or keno equipment may offer only those games authorized as live bingo or keno under Title 23, chapter 5, part 4, MCA.

(2) The equipment must:

(a) allow easy access to the equipment for field verification;

(b) have a manufacturer identification tag permanently affixed to approved hardware in a location approved by the department that lists the manufacturer, serial number, model, and date of manufacture;

(d) generate game numbers using a random number generator; and

(e) meet the same specifications imposed on VGMs under ARM 23.16.1901, 23.16.1905, and 23.16.1906.

(3) In addition to the requirements provided for in (1) and (2), electronic live bingo equipment must:

(a) use a field of numbers from 1 through 75;

(b) display the numbers picked;

(d) designate the winning arrangement of numbers before each game begins.

(4) In addition to the requirements provided for in (1) and (2), electronic live keno equipment must:

(a) use a field of numbers from 1 through 80;

(b) display the numbers picked; and

(5) The department shall determine what optional features may be allowed. These features must be approved by the department before installation.

(6) At the department's request, the licensed manufacturer shall submit any information required under ARM 23.16.1911 that the department determines is necessary to ensure that the equipment is in compliance with this rule.

History

Authorizing statute(s): 23-5-115, 23-5-426, MCA
Implementing statute(s): 23-5-115, 23-5-426, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2018 MAR p. 1958, Eff. 10/6/18.

Mont. Admin. R. 23.16.2306 Reporting and Record Keeping Requirements

(1) Within 15 days following the end of each calendar quarter, a licensed manufacturer shall submit to the department a quarterly activity report (form 18), which is available upon request from the department.

(2) The report must list the following information for all electronic live bingo and keno equipment shipped into or within the state by the manufacturer:

(a) model number;

(b) serial number;

(d) any other information required by the department.

(3) A licensed manufacturer shall retain for a minimum of 12 full quarters from the previous quarterly tax return due date all records verifying the information reported under this rule.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1997 MAR p. 404, Eff. 2/25/97.

Subchapter 23.16.24 Live Keno and Bingo Record Keeping

Mont. Admin. R. 23.16.2401 Definitions

Throughout this subchapter, the following definitions apply:

(1) "Bank" means the common fund into which player consideration to play keno or bingo is placed and out of which prizes are awarded.

(2) "Bingo" means a game of chance played for prizes with cards bearing numbers as described in law, in which the holder covers such numbers when objects similarly numbered are drawn or electronically determined, and in which the game is won by persons covering one or more previously designated arrangements of numbers on such cards. A game of bingo begins with the first number called and ends when an individual or individuals covers the previously designated arrangements, declares bingo, and the game is verified.

(3) "Filing date" means July 31st of each year.

(4) "Game" means a single period of play during a bingo session in which a winner or winners are chosen or the game as defined in law or administrative rule ends.

(5) "Gross keno or bingo game income" means the total consideration paid by all the players to play.

(6) "Gross proceeds" means gross income received to play live keno or bingo minus the prize payouts.

(7) "Inside keno cards" mean the cards on which players record their selections which are submitted to and retained by the keno caller as a receipt and to verify player selections.

(8) "Keno or bingo caller" means any individual responsible for the collection of player consideration, verification of bets and winners and distribution of awards.

(9) "Outside keno cards" mean the cards on which players' selections are recorded by a keno caller and issued to the player as a receipt. These cards must contain the card manufacturer name and a purchase series number.

(10) "Payout(s)" means a prize or prizes awarded to winners. The term does not include prizes awarded to winners of free, promotional games.

(11) "Payout slips" means a report detailing the payouts made in each live keno or bingo game, including promotional prizes. The slips must also contain the name of the individual making the payouts, game date and the payouts or prizes, for each game.

(12) "Player" means a natural person paying valuable consideration to play live keno or bingo.

(13) "Promotional game" means a game during which a prize is awarded but for which no consideration is required by the players.

(14) "Tax year end" means June 30th of each year.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-112, 23-5-409, 23-5-412, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2005 MAR p. 1281, Eff. 7/15/05; AMD, 2011 MAR p. 1681, Eff. 10/1/11.

Mont. Admin. R. 23.16.2402 Live Keno and Bingo Record Keeping

(1) A record of live keno and bingo gross proceeds must be maintained separate and distinct from other sources of operator revenue. Unless designated otherwise the operator of a live keno or bingo game must retain daily accounting records for a period of three years from the due date of the live game income tax return. The records must remain legible and be kept in the State of Montana and accessible by the department from the licensee.

(a) The following records must be maintained by operators of live keno and bingo games:

(i) the gross income collected, supported by proper records as required in these rules.

(ii) the amounts paid out for prizes supported by proper records as required in these rules.

(iii) records documenting the starting and ending cash bank which must be verified by a signature. The amount of the starting bank must be verified by the signature of at least one person responsible for counting or managing the starting game bank. The ending bank must be verified by the signature of at least one person responsible for counting or managing the ending game bank. In no case may the same person verify both starting and ending cash bank amounts.

(iv) records providing a reconciliation of gross income, actual profit, cash long or short, and bank deposit.

(v) a copy of the schedule of games and their prizes.

(b) the form(s) on which daily live keno and bingo records are kept must, at a minimum, provide for the requirements of (1)(a). If necessary, the form(s) must also provide for the following:

(i) if live game cash is used to pay expenses other than prize payouts, the daily reconciliation form(s) must include an entry for these expenses. In addition to the reconciliation entry, copies of the expense receipts must be attached to and kept with the associated daily records.

(ii) if adjustments are made to increase or decrease the starting bank balance for the next day or session of play, the adjustments must be accounted for on the operator's daily reconciliation form(s).

(2) In addition to the records required to be kept under (1), the live keno operator must maintain the following records:

(a) a record of outside keno card purchases, detailing the number of cards purchased by series number must be kept for a period not less than three years from the due date of the associated live keno income tax return. The outside keno card purchase invoices must segregate the order by single cards and card sheets;

(b) if the premises uses a cash register or other method of calculating cash on hand with which a tape record is maintained, the tape record must be kept with other daily records;

(c) if, in the game bank reconciliation process, the operator experiences a net cash overage or shortage in excess of 1% of gross game income for a one-month period, the overage or shortage must be investigated. A record detailing the findings of the investigation must be maintained with other required records;

(d) a record of the total number of keno cards sold, segregated by card price, must also be maintained on a daily basis;

(e) payout slips must be maintained by each keno caller for each work shift. It must also be initialed by the keno caller at the end of the shift. Prizes awarded for promotional games must be recorded on the payout slips. The slips must also be maintained as part of the operator's records for a period of three months;

(f) for the purposes of calculating gross proceeds promotional game prizes must be subtracted from total payouts;

(g) the ending bank balance less the days gross proceeds and any other adjustments must be used as the beginning balance for the next day; and

(h) if a licensed premises has not kept records in the manner prescribed in these rules and no other records exist with which the department may calculate the gross keno proceeds, the department may estimate a tax using the best available method.

(3) In addition to the records required to be kept under (1), the live bingo operator must maintain the following records:

(a) a record of all bingo card purchases, detailing the number of cards purchased by type;

(b) if the premises uses a cash register or other method of calculating cash on hand with which a tape record is maintained the tape record must be kept with the daily records;

(c) payout slips must be maintained by bingo callers for each work shift. Prizes awarded for promotional games must be recorded on the payout slips but so designated for the purpose of calculating gross proceeds. The payout slips must be initialed by the caller at the end of his/her shift. The slips must also be maintained as part of the operator's records for a period of three months;

(d) the day's gross proceeds must be reconciled with the ending bank balance. If, in the bank reconciliation process, the operator experiences a net cash overage or shortage in excess of 1% of the gross game income for a one-month period, the overage or shortage must be investigated. A record detailing the findings of the investigation must be maintained with other required records. For the purposes of calculating gross proceeds, promotional game prizes must be subtracted from the total payouts;

(e) the ending bank balance less the days gross proceeds and any other adjustments must be used as the beginning balance for the next day; and

(f) if records are not kept in the manner prescribed in these rules the department may estimate gross proceeds using the best available method.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-409, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2009 MAR p. 2480, Eff. 12/25/09; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.2403 Expenses Allowed in Calculating Net Live Keno or Bingo Taxable Income

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-409, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90; REP, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.2404 Procedure for Approving Variations of Standard Bingo Cards

(1) A game of bingo using a variation of a standard card with 5 columns and 25 squares may not be conducted unless and until it has been approved by the department.

(2) A person requesting approval from the department for conducting a variation of an authorized bingo card shall submit the following information to the department:

(a) an illustration or facsimile of the proposed bingo card variation submitted for approval; and

(b) a detailed description of the operation of the game of bingo utilizing the proposed bingo card variation, which must verify that the game complies with all requirements for games of bingo as set out in 23-5-412, MCA.

(3) The department may request additional information, including a demonstration of the game of bingo utilizing the bingo card variation submitted for approval.

(4) After reviewing the proposed bingo card variation, the department shall notify in writing the person submitting the variation of its intended action. If the person desires a hearing he shall submit a written request to the department within 20 days. Upon receipt of the request, all proceedings must be conducted according to the Montana Administrative Procedure Act and the Attorney General's Model Rules of Procedure.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-412, MCA
History: NEW, 2009 MAR p. 1260, Eff. 7/31/09.

Mont. Admin. R. 23.16.2406 Prize Awards for Live Keno and Bingo Games

(1) All live keno operators must provide a pay table listing prizes awarded on winning cards. All valid winning keno cards presented to the keno caller before the next game must be paid in full as per the pay table.

(2) All live bingo operators must provide a list of general game rules and normal prize payouts. This provision does not preclude bingo operators from conducting games not listed in their rules or adjusting payouts, as long as the games are legal under the provisions of the statutes and administrative rules and the changes are announced to the players before the game begins.

(a) All valid winning patterns on bingo cards must be paid in full as per the listed or announced prizes.

(b) In no case may:

(i) the prizes paid out exceed $800 per winning pattern;

(ii) the total prizes paid during a regular bingo session exceed $3,000;

(iii) the total prizes paid during a special bingo session exceed $5,000;

(iv) bingo games be extended in any manner so as to exceed the prize limitations; or

(v) identical cards be played so as to exceed prize limitations.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-412, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1993 MAR p. 2786, Eff. 11/25/93; AMD, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2005 MAR p. 1509, Eff. 7/15/05; AMD, 2011 MAR p. 1681, Eff. 10/1/11.

Mont. Admin. R. 23.16.2407 Actual Cash Profit Bank Deposit Required by Licensed Operator

(1) The actual cash profit of live keno and bingo games, less the increase or plus the decrease in the normal cash bank for the next keno or bingo day's play, must be deposited intact in the operator's bank account at least twice a month. If the operator prepares a deposit slip for the deposit of actual cash profit from only one day's activity, the validated deposit slip or receipt must contain a reference to the date, and deposit amount, and be included as part of the daily accounting records. If the operator prepares one deposit slip for the deposit of more than one day's activity or other gambling activity, or both, the deposit slip must contain a reference to, the dates played, deposit subtotals by activity, and be included as part of the daily accounting records.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-409, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90.

Mont. Admin. R. 23.16.2410 Penalties

(1) Failure to file live keno or bingo income tax returns or pay the tax in a timely manner will result in the assessment of penalties, stated in terms of a percentage of the tax due. The penalties to be assessed are as follows:

(a) 0-30 days late = 10% of tax due;

(b) 31-60 days late = 25% of tax due;

(d) 91 days or more = 100% of tax due.

(2) The imposition of these penalties does not preclude the department from taking any other action against the operator as allowed by law.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-115, 23-5-409, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90.

Mont. Admin. R. 23.16.2411 Special Bingo Sessions

(1) A licensed operator granted an annual permit by the department to conduct live bingo games on a specified premises may apply for a permit to conduct a special bingo session.

(2) To apply for a special bingo session permit, the operator shall submit an application to the department on Form 38, which is available from the department. The application for a special bingo session must include:

(a) licensed operator's name;

(b) operator license number;

(d) date and start time of the special bingo session;

(e) date of applicant's most recent special bingo session; and

(f) $10 processing fee.

(3) The special bingo session application must be received by the department at least ten working days before the start of the proposed special bingo session. The department may process an application received by fax but shall not issue a permit on such an application until the fee is received by the department. An application may not receive approval if received by the department less than ten working days before the date of the proposed start of the special bingo session.

(4) A special bingo session permit issued to an operator shall be counted against the allotment of annual special bingo sessions whether or not the special bingo session was held by the operator.

(5) A special bingo session must be publicly identified as being a special bingo session.

(6) An operator's special bingo session permit must be posted and clearly visible to the public. The permit is specific to an operator and location. An operator may conduct up to five special bingo sessions per year. At least 30 days must elapse between each special bingo session.

(7) Special bingo sessions must comply with the requirements of Title 23, chapter 5, MCA, and the rules of the department.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-112, 23-5-412, MCA
History: NEW, 2011 MAR p. 1681, Eff. 10/1/11.

Subchapter 23.16.26 Raffles

Mont. Admin. R. 23.16.2601 Definition

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-405, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90; REP, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.2602 Raffle General Requirements, Authorized Random Selection Processes, and Record Keeping Requirements

(1) A raffle sponsor must make all raffle terms available to the public prior to the sale of any raffle tickets. In all cases a raffle sponsor must establish and make available the date of the raffle drawing. Other raffle terms may include:

(a) the name and contact information of the raffle sponsor;

(b) persons eligible or ineligible to purchase tickets;

(d) cost of raffle tickets;

(e) a complete description of the prize(s) and its value;

(f) an estimated number of tickets to be sold which may be unlimited;

(g) the date ticket sales close; and

(h) the method of drawing winning ticket(s).

(2) The following random selection processes are authorized for use in determining a winner of a raffle as defined in 23-5-112, MCA:

(a) a drawing from a drum or other receptacle containing raffle ticket stubs or other suitable indicators of the ticket purchaser's identity that have been thoroughly mixed before the drawing;

(b) an approved 50/50 raffle electronic processing system containing a random number generator; and

(i) the process is reasonably assured of being random and is not connected to an event that has its own intrinsic significance (e.g., a sports event, game of chance, contest); and

(ii) the indicator of the raffle ticket purchaser's identity reasonably assures the random selection of a winner.

(3) Any raffle conducted by a nonprofit organization, college, university, public school district as provided in 20-6-101 and 20-6-701, MCA, or nonpublic school as described in 20-5-102(2)(e), MCA, must be publicly identified as a charitable raffle.

(4) Prior to conducting a raffle on the internet, a nonprofit organization must first complete a one-time registration form (Form 46) supplied by the department.

(5) A raffle sponsor's challenge to the department's intended action to refuse registration as a nonprofit must proceed under ARM 23.16.203.

(6) For each raffle conducted, the entity conducting the raffle shall maintain for a period of 12 months from the date of the raffle drawing, and provide to the department upon request:

(a) a record of the total proceeds collected;

(b) a detailed description of the prize(s) awarded;

(d) a record reflecting the source of the prize(s), including any money paid to purchase prizes;

(e) a record of any administrative costs paid with raffle proceeds;

(f) a description of how the raffle was publically identified as a charitable raffle, where applicable;

(g) the name and address of the person(s) awarded raffle prize(s); and

(h) a detailed record of the distribution of the charitable raffle proceeds, where applicable.

(7) For any violation of this rule, the department may pursue remedies available under 23-5-136, MCA.

History

Authorizing statute(s): 23-5-115, 23-5-413, MCA
Implementing statute(s): 23-5-112, 23-5-413, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2009 MAR p. 1260, Eff. 7/31/09; AMD, 2017 MAR p. 1893, Eff. 10/14/17; AMD, 2019 MAR p. 302, Eff. 3/16/19.

Mont. Admin. R. 23.16.2603 Authorized Selection Process for Daily Pot Raffles

(1) Daily pot raffles:

(a) may be conducted for an entry fee not to exceed 50 cents each day;

(b) may not accumulate entry fees and offer prize amounts exceeding $500; and

(2) Daily pot raffles for which the prize is an accumulation of entry fees may only be sponsored by religious or nonprofit organizations.

(3) In the case of for profit sponsors, the sponsor must own the prize prior to collecting entry fees and the prize may not be an accumulation of entry fees.

(4) Daily pot raffles may draw tickets or indicators each day for a period not to exceed 30 days or until the accumulated entry fees equal $500.

(5) If no winner has been selected after 30 days from the date of the payment of the first entry fee; or the accumulated entry fees equal $500, no further entries may be made and at that time the drawing of tickets or indicators must be continued until a winner is selected.

(6) All requirements for raffles as set out in 23-5-413 , MCA, apply to the conduct of daily pot raffles.

History

Authorizing statute(s): 23-5-112, 23-5-115, MCA
Implementing statute(s): 23-5-112, 23-5-413, MCA
History: NEW, 2003 MAR p. 1989, Eff. 9/12/03.

Mont. Admin. R. 23.16.2610 Definitions

As used throughout this subchapter, the following definitions apply:

(1) "50/50 raffle" means a raffle sponsored by a nonprofit organization in which the winner is awarded a monetary prize calculated by a predetermined percentage of the gross raffle ticket sales proceeds (example: 50% to the player and 50% to the raffle sponsor).

(2) "50/50 raffle electronic processing system" means products and support services supplied to a 50/50 raffle sponsor.

(3) "Nonprofit organization" means a nonprofit organization as defined in 23-5-112, MCA.

History

Authorizing statute(s): 23-5-112, 23-5-115, 23-5-413, MCA
Implementing statute(s): 23-5-413, MCA
History: NEW, 2019 MAR p. 302, Eff. 3/16/19.

Mont. Admin. R. 23.16.2611 Authority to Offer 50/50 Raffles - 50/50 Raffle Processing System Restrictions

(1) Only a nonprofit organization, a college, a university, a public school district, or a nonpublic school may sponsor and offer a 50/50 raffle.

(2) All 50/50 raffles are subject to the following restrictions:

(a) the sponsor is responsible for compliance with Montana statutes and regulations, including ARM 23.16.2602, as well as all other applicable state and federal statutes and regulations;

(b) the drawing must occur and the winner must be identified on the date advertised to the public and established in the sponsor's rules; and

(c) proceeds from the raffle must be divided between the winner and the sponsor and may not include a percentage of ticket sales for administrative expenses or other fees payable to any third party.

(3) A nonprofit organization may purchase or contract for a 50/50 raffle electronic processing system subject to these restrictions:

(a) the nonprofit organization must register with the department for exemption from the general internet gambling prohibition as provided in ARM 23.16.2602;

(b) the sponsor may only use an approved 50/50 raffle electronic processing system;

(d) the department may conduct on-site inspections and tests of the 50/50 raffle electronic processing system to assure proper functioning and compliance.

History

Authorizing statute(s): 23-5-112, 23-5-115, 23-5-413, MCA
Implementing statute(s): 23-5-413, MCA
History: NEW, 2019 MAR p. 302, Eff. 3/16/19; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.2612 Requirements of Associated Gambling Businesses Supplying 50/50 Raffle Electronic Processing Systems

(1) Before contracting with a nonprofit organization to supply a 50/50 raffle electronic processing system, an associated gambling business must:

(a) be licensed under 23-5-178, MCA, and ARM 23.16.110; and

(b) submit to the department for testing and approval all hardware and software offered to a 50/50 raffle sponsor.

(2) A 50/50 raffle electronic processing system may include:

(a) promotional advertising;

(b) secure raffle sales data compilation, tabulation, transmission, and storage;

(d) duplicate raffle ticket or receipt printing;

(e) on-site or off-site computer processing and data storage;

(f) selection of the raffle winner using a secure random number generator; and

(g) related services approved by the department.

History

Authorizing statute(s): 23-5-112, 23-5-115, 23-5-413, MCA
Implementing statute(s): 23-5-413, MCA
History: NEW, 2019 MAR p. 302, Eff. 3/16/19; AMD, 2026 MAR, Notice No. 2026-258, Eff. 9/26/26.

Mont. Admin. R. 23.16.2613 Testing and Testing Fees

(1) Each associated gambling business submitting a 50/50 raffle electronic processing system to the department for testing must deposit the sum of $1,000 to begin testing. This fund is applied toward the department's actual testing cost and is managed as follows:

(a) the department's technical services section will bill at the rate of $130 per hour; and

(b) the department will provide an accounting to the licensee for charges assessed and will refund any overpayment. The department will notify the submitting person of any underpayment and collect that money prior to notice of its intended action.

History

Authorizing statute(s): 23-5-112, 23-5-115, 23-5-413, MCA
Implementing statute(s): 23-5-413, MCA
History: NEW, 2019 MAR p. 302, Eff. 3/16/19.

Subchapter 23.16.28 Calcutta Pools

Mont. Admin. R. 23.16.2801 Definitions

(1) "Calcutta pool" means a form of auction pool wherein participants in the pool bid on the competitors in an underlying event with each successful bidder wagering the amount he has bid on the competitor he has "purchased;" at the conclusion of the underlying event the pool of wagers placed on all competitors is divided amongst the pool participants who have "purchased" the winners of the underlying event according to the rules of the particular Calcutta pool.

(2) "Competitor" means an entrant in the underlying event upon which a Calcutta pool is based and who is "purchased" or wagered upon by a participant in the Calcutta pool.

(3) "Participant" means a person who bids/wagers in a Calcutta pool, who "purchases" a competitor in the event underlying the pool, and who stands to win according to the rules of the pool.

(4) "Prize" means anything of value awarded a winner of a Calcutta pool or anything of value awarded a winner of an underlying event from the Calcutta pool based on that event.

(5) "Proceeds" means the amount left in a Calcutta pool after administrative costs and prizes have been paid.

(6) "Purchase" means to earn the right to wager in a Calcutta pool by submitting the highest bid on a particular competitor in the underlying event.

(7) "Underlying event" means an actual game, tournament, or contest with more than two entrants which is wagered upon by the participants in a Calcutta pool. Fictitious or contrived events shall not be considered underlying events for purposes of Calcutta pool wagering.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-221, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90.

Mont. Admin. R. 23.16.2802 Restrictions on Calcutta Pools

(1) Calcutta pools must meet all the requirements of 23-5-221 , MCA.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-221, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90.

Mont. Admin. R. 23.16.2803 Application for Authorization to Conduct a Calcutta Pool

(1) Any organization seeking authorization from the department to conduct a Calcutta pool must supply the department the following information:

(a) the event underlying the Calcutta pool;

(b) the number of competitors in the underlying event (actual number or best estimate);

(d) any projected costs of administering the pool;

(e) the intended use of the proceeds of the pool;

(f) a copy of the rules of the Calcutta pool which will be publicly posted.

(2) All applications for authorization to conduct Calcutta pools should be received by the department at least ten working days before the start of the auction. The department may process an application received by FAX. An application may not receive approval if received by the department with less than ten working days before the start of the tournament.

History

Authorizing statute(s): 23-5-115, 23-5-621, MCA
Implementing statute(s): 23-5-115, 23-5-221, 23-5-222, 23-5-621, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90; AMD, 1997 MAR p. 404, Eff. 2/25/97.

Mont. Admin. R. 23.16.2806 Misrepresentation - Penalties

(1) If, upon investigation, the department determines that an organization authorized to conduct a Calcutta pool has failed to comply with the laws of the state of Montana or the rules of the department or has misrepresented any material fact in its application for an authorization to conduct a Calcutta pool, the department may take any other action authorized by law.

(2) Upon completion by the department of its investigation, the department shall notify the organization authorized to conduct the Calcutta pool of any penalties it intends to impose. If the organization then desires a hearing, it must submit a written request to the department within 20 days of the receipt of notice of intended department action.

(3) Upon receipt by the department of a written request for hearing, all subsequent proceedings shall be conducted in accordance with the Montana Administrative Procedure Act and the Attorney General's Model Rules of Procedure.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-136, 23-5-223, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90.

Subchapter 23.16.30 Illegal Gambling - Presumption and Procedure

Mont. Admin. R. 23.16.3001 Illegal Gambling - Presumption

(1) In any case where the department is able to establish probable cause that a gambling activity not authorized by statute is taking place or that a gambling device or gambling enterprise not authorized by statute is being made available to the public, the department shall presume that such activity, device, or enterprise is illegal. The presumption shall be a disputable presumption as that term is defined in Rule 301, Mont. R. Evid.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-111, 23-5-151, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90.

Mont. Admin. R. 23.16.3002 Procedure Upon Presumption

(1) In cases where the department has presumed the existence of an illegal gambling activity, device, or enterprise, the department may issue a notice and opportunity for hearing on a permanent cease and desist order regarding that activity. The department may, in its discretion, seize the gambling device presumed to be illegal or issue a temporary order to cease and desist from the gambling activity or enterprise presumed to be illegal.

(2) If the person presumed to be conducting illegal gambling then desires a hearing, he must submit a written request to the department within 20 days of the department's action.

(3) All proceedings in cases of presumed illegal gambling must be conducted pursuant to 23-5-136 and 23-5-137 , MCA, the Montana Administrative Procedure Act, and the Attorney General's Model Rules of Procedure.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-111, 23-5-113, 23-5-136, 23-5-151, MCA
History: NEW, 1990 MAR p. 828, Eff. 4/27/90.

Subchapter 23.16.31 Casino Nights

Mont. Admin. R. 23.16.3101 Definitions

For the purposes of ARM 23.16.3102 through 23.16.3104, the following definitions apply:

(1) "Casino night" means a fundraising event as defined in 23-5-701 , MCA.

(2) "Imitation money" means script, chips, tokens, or similar items that have an assigned value at a casino night that is greater than the value of the currency for which it is exchanged and that has no other value except for that value assigned at the casino night.

History

Authorizing statute(s): 23-5-715, MCA
Implementing statute(s): 23-5-701, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.3102 Application for Permit

(1) A nonprofit organization as defined in 23-5-112 , MCA, may apply to the department for a casino night permit by submitting a casino night permit application (form 11), which is available upon request from the department.

(2) In addition to the information required in 23-5-705 , MCA, the application must include:

(a) a list of the games to be conducted during the casino night;

(b) the name and address of the member of the nonprofit organization responsible for managing the casino night;

(d) a $25 permit fee;

(e) a copy of the rules to be used to conduct the casino night as provided for in ARM 23.16.3103; and

(f) a copy of the organization's charter, certificate of incorporation as a nonprofit organization issued by the Montana Secretary of State, or other similar evidence of nonprofit status.

(3) A casino night permit may not be issued unless the application is dated and signed by the applicant and contains the information and attachments required in (2).

(4) An application for a casino night permit must be received by the department at least ten working days before the proposed start of the casino night. The department may process an application received by FAX but shall not issue a permit on such an application until the fee is received by the department.

History

Authorizing statute(s): 23-5-115, 23-5-715, MCA
Implementing statute(s): 23-5-115, 23-5-702, 23-5-705, 23-5-706, 23-5-715, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 1997 MAR p. 404, Eff. 2/25/97.

Mont. Admin. R. 23.16.3103 General Requirements

(1) A casino night must be conducted in accordance with Title 23, chapter 5, part 7, MCA, department rules, and the following requirements:

(a) The casino night permit issued by the department must be posted and clearly visible to persons participating in the casino night.

(b) Only those types of gambling activities for which the permit was issued may be conducted during the casino night.

(c) The casino night may be conducted only at the location for which the permit was issued and by the nonprofit organization issued the permit.

(d) Before conducting a casino night, the nonprofit organization shall develop rules governing the type of gambling activities to be conducted during the casino night and the manner in which they are to be conducted. The rules must identify the amount of the entry fee, value assigned to the imitation money and amount distributed to each participant, and the method for awarding prizes.

(e) Imitation money may be issued only during the casino night, and the money may not be redeemed by the permittee after the casino night has ended.

(f) No cash, currency, or other form of consideration may be used during the casino night except for imitation money as provided for in the casino night house rules.

(g) Cash or merchandise may be awarded as prizes. The value of the merchandise is not restricted to the prize limitations provided for in 23-5-312, 23-5-412, or 23-5-413, MCA.

(h) A prize may not be awarded in connection with the casino night to a person who was not present at the event and personally made the wager or personally obtained the ticket or chance resulting in the award payment.

(i) A person under age 18 may not assist in operating or managing a casino night or participate as a player in any casino night activity, except for a raffle.

(j) No card game tournament may be part of a casino night.

(k) The organization issued the permit and the person identified as the manager of the casino night is responsible for ensuring compliance with Title 23, chapter 5, part 7, MCA, and department rules.

History

Authorizing statute(s): 23-5-115, 23-5-715, MCA
Implementing statute(s): 23-5-701, 23-5-702, 23-5-705, 23-5-706, 23-5-710, 23-5-711, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91; AMD, 2007 MAR p. 848, Eff. 6/22/07; AMD, 2013 MAR p. 1606, Eff. 9/6/13.

Mont. Admin. R. 23.16.3104 Reporting Requirements

(1) Within 30 days after a casino night is held, the nonprofit organization shall submit to the department a casino night report (form 12), which is available upon request from the department. A nonprofit organization that knowingly fails to file the report within the time required may not receive additional casino night permits.

(2) The report must contain the following information:

(a) total receipts collected from the casino night;

(b) total administrative expenses;

(d) total amount used for a civic, charitable, or educational purpose; and

(e) a description of the civic, charitable, or educational purpose for which the proceeds were used, including the name of any entity receiving proceeds.

History

Authorizing statute(s): 23-5-715, MCA
Implementing statute(s): 23-5-710, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Subchapter 23.16.32 Fantasy Sports Leagues

Mont. Admin. R. 23.16.3201 Definitions

For the purposes of ARM 23.16.3201 through 23.16.3205, the following definitions apply:

(1) "Administrative fee" means an amount that may be charged a member for payment of expenses directly related to the operation of a fantasy sports league. An administrative fee may not exceed 15% of a member's entrance fee.

(2) "Entrance fee" means the amount charged a member, excluding any administrative fee, for membership in a fantasy sports league.

(3) "Fantasy sports league" means a gambling activity as defined in 23-5-801 , MCA.

(4) "Member" means a person or group of persons who own a fictitious team that is a competitor in a fantasy sports league.

(5) "Prize" means anything of value awarded to a winner of a fantasy sports league.

(6) "Transaction fee" means an amount charged a member for trading or purchasing a player after the initial teams in the fantasy sports league are selected. The fee for each transaction may not exceed the entrance fee.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-801, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.3202 League Rules

(1) A copy of the fantasy sports league rules and information must be provided in writing to each member in the league.

(2) The rules must include:

(a) name, address, and telephone number of the person or organization conducting the league;

(b) amount charged for entrance, administrative, and transaction fees;

(d) length of the season that the league is to operate;

(e) size of a member's team roster;

(f) method used to select players;

(g) method for awarding points to a team based on the performance of individual players, teams, or both during a designated period; and

(h) anticipated prizes to be awarded.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-801, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.3203 Prizes

(1) Prizes awarded to a winner of a fantasy sports league may be cash or merchandise or a combination of both.

(2) If a prize is merchandise, the purchase price paid for the merchandise is considered the value of the prize.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-801, 23-5-805, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.3204 Record Keeping Requirements

(1) An organization or individual conducting a fantasy sports league shall retain the following records for one year after the league winners are determined:

(a) name and address of each individual who participated as a member in the league;

(b) total amount collected for each of the following fees:

(i) entrance;

(ii) administrative; and

(iii) transaction.

(d) proof of the purchase price of any merchandise prize awarded; and

(e) a list of the prizes awarded at the conclusion of the league season, including:

(i) the amount of each prize;

(ii) name of the member awarded each prize; and

(iii) total value of the payout of the fantasy league.

(2) Records required under this rule must be presented to the department upon request.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-801, 23-5-805, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Mont. Admin. R. 23.16.3205 Restrictions

(1) A representative of each member of the fantasy sports league must be present to initially select team players and to trade or purchase interim players.

(2) Players for initial teams must be selected through a random drawing or competitive bidding process.

(3) An entrance fee and any administrative fee must be paid in cash at the time a member joins the league. A transaction fee must be paid in cash at the time the trade or purchase of an interim player is made.

(4) The total value of prizes awarded to all members must equal the total amount collected for entrance, administrative, and transaction fees, minus any payment for administrative expenses.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-801, 23-5-805, MCA
History: NEW, 1991 MAR p. 1942, Eff. 10/18/91.

Subchapter 23.16.35 Promotional Games of Chance

Mont. Admin. R. 23.16.3501 Department Approval of Promotional Games of Chance, Devices, or Enterprises

(1) The department may approve devices, machines, instruments, apparatuses, contrivances, schemes, activities, or enterprises used in, or associated with, promotional games of chance authorized by Title 23, chapter 5, MCA. Any promotional game of chance offered or displayed in public without conforming to the requirements of this rule is prohibited.

(2) A bona fide promotional game of chance utilizes or involves any scheme, device, or enterprise, by whatever name known, for the disposal or distribution of property among persons who have not paid or are not expected to pay any valuable consideration or who have not purchased or are not expected to purchase any goods or services for a chance to obtain the property, a portion of it, or a share in it, and which is not manufactured or intended for purposes of gambling.

(a) As used in this rule, valuable consideration means a payment or promise of payment of anything of value, a token, object or article exchangeable for money or property, credit or promise directly or indirectly or contemplating transfer of money or property or interest therein, deposits or any other thing of pecuniary value as a condition of entering a promotional game of chance, or winning a prize from the game. Valuable consideration does not mean, for example, registering to participate or to qualify to participate in the promotional game of chance without purchasing goods or services; personally attending places or events without payment of an admission price or fee; or purchasing postage for purposes of mailing.

(b) Payouts for bona fide promotional games of chance, offered by a gambling licensee and/or an on-premises consumption alcoholic beverage licensee, are subject to the maximum payout limitation for any single element of the authorized gambling enterprise simulated. Payouts for bona fide promotional games of chance offered by any person or entity that are not a gambling or alcoholic beverage licensee, are not limited by the payout limits for the authorized gambling enterprise simulated.

(3) Any devices, machines, instruments, apparatuses, contrivances, schemes, activities or enterprises that simulate the following games, variations of the following games, or in any manner incorporate aspects of the following games are prohibited and shall not be approved by the department:

(a) banking card games, such as blackjack, twenty-one, jacks or better, baccarat, or chemin de fer;

(b) dice games, known as craps, hazard, or chuck-a-luck;

(d) table games, such as roulette or faro.

(4) Except as provided in (9) and (11) of this rule, all schemes, activities or enterprises that are not prohibited by (3) of this rule and that are used in bona fide promotional games of chance do not require approval by the department before such activities or enterprises are played, displayed, operated, or conducted in public so long as the game is conducted in compliance with these rules.

(5) All schemes, activities or enterprises shall be conducted in a manner that does not allow the winner to be unfairly predetermined or the game to be manipulated or rigged. The person or business conducting the promotion shall not arbitrarily remove, disqualify, disallow or reject any entry or fail to award prizes offered or print, publish or circulate literature or advertising material used in connection with such promotional game of chance that is false, deceptive or misleading.

(6) Gambling operators conducting promotional schemes, commonly called by such names as "coupon(s)" or "5 for 5", "5 for 10", or "10 for 5", in which an establishment pays for video gambling machine play to customers who purchase additional play on the machine shall post a clearly readable sign on a wall in the operator's establishment in full view of patrons playing video gambling machines. The sign shall include the following language:

This establishment requests that if you accept one of our promotions or promotional coupons for video gambling machine play that you play the machine for [time limit established by location] minutes.

Any customer or patron of this establishment may print a valid ticket voucher and cash-out any valid ticket voucher at any time during machine play. Mont. Code Ann. ; 23-5-608 .

If a customer or patron of this establishment chooses to cash-out their free or credit play in less than [time limit established by location] minutes, the establishment will cash-out their valid ticket voucher in full but reserves the right to refuse this promotional offer for future play.

(a) An operator who does not suggest, impose, recommend, or state a time limit is exempt from the foregoing sign requirement.

(7) All devices, machines, instruments, apparatuses, or contrivances not prohibited by (3) of this rule and which are used in bona fide promotional games of chance as provided in statute shall be approved by the department before such device is played or displayed in public. Persons submitting such proposed devices, machines, instruments, apparatuses, or contrivances for approval shall comply with the following:

(a) The applicant must submit a promotional device application to the department that shall include:

(i) a complete physical description, the printed circuit board schematics, and the wiring diagrams of the proposed device;

(ii) a complete description of the method of operation of the device and promotional scheme, activity, or enterprise in which the device is intended to be used;

(iii) marketing, promotion, or sale literature denoting that the new proposed device is for promotional purposes only; and

(iv) proof by a preponderance of the evidence that the proposed device was manufactured for purposes other than gambling. In determining whether a device meets the requirements of this rule, the department may review such factors as initial and resulting design of the device, its prior and intended use, the device's inability to accumulate credits, and the source of the device and component parts. The proposed device shall not be manufactured from already existing or modified gambling devices.

(b) Concurrent with the submission of the application pursuant to (7)(a), the applicant shall submit a prototype of the proposed device to the department for final physical inspection;

(c) The individual or entity submitting the game for review shall be responsible for transportation of the proposed device to and from the department's offices;

(d) The proposed device shall not be manufactured with an input mechanism or related components. For purposes of this rule only, an input mechanism is defined as an electrical, mechanical or electro-mechanical device, instrument, apparatus, contrivance, or part used or intended for use with money, token, credit, deposit, check, or any other thing of monetary value that by activation puts the device into the play mode. Examples of devices used as input mechanisms are: coin or token acceptors, bill acceptors, magnetic card readers, buttons or switches (local, wire remote, radio remote, etc.). Examples of related components include coin or token head, coin or token chute, and coin or token return;

(e) The proposed device must free play. For purposes of this rule only, free play means one game after another can be played without any intervention by player or operator;

(f) The proposed device shall be labeled "No Purchase Required" which is printed in a clearly legible typeface and which is displayed in a prominent manner that is immediately obvious to the casual observer.

(g) The manufacturer shall attach to the proposed device a manufacturer identification tag that includes the manufacturer name, the date the proposed device was manufactured, and a unique serial and model number;

(h) Thirty days from or after the date the department renders final approval of the proposed device, the applicant shall submit to the department 25 color photographic prints (5" x 7") of the front view of the authorized proposed device.

(8) No department approval is required for ticket or card devices described under 23-5-112, MCA, and promotional wheel devices as defined herein, so long as such devices are bona fide promotional games of chance; and the ticket or card devices described under 23-5-112, MCA, comply with (7)(f) of this rule; and promotional wheel devices comply with (7)(e), (f), and (g) of this rule. For the purposes of this rule, a promotional wheel device is defined as one or more vertically constructed circular frames or disks, displaying various symbols, such as numbers or pre-identified sectors, that is freely spun for the random selection of a symbol as determined by a permanently stationary mark for selecting the particular symbol when the wheel stops spinning.

(9) The department may, on a case-by-case basis, approve schemes, activities or enterprises that simulate the sport guessing game defined under this subsection as "pick-the-winners." "Pick-the-winners" is a bona fide promotional game of chance where participants choose one team to win a sports event from a predesignated number of sports events during a particular week, and where the participant who chooses the most winning teams wins a predesignated prize. In the event of a tie, there must be one additional tie-breaker contest for the participants to pick the winning team and guess the score of the contest. The tied participant who picks the winning team and whose guess is closest to the final score of the tie breaker contest shall be declared the winner. "Pick-the-winners" games using any form of written advertisements, promotional or informational material, or entry or application forms shall comply with (7)(f) of this rule. For purposes of this subsection, a "predesignated prize" shall not exceed the value of $100 and shall be either cash or tangible merchandise. "Pick-the-winners" games shall be conducted in compliance with these rules.

(10) Upon completion by the department of its investigation of a proposed device, activity, or enterprise for use in a promotional game of chance, the department shall notify the person submitting the device or enterprise in writing of the department's decision. If the person then desires a hearing, he or she must submit a written request to the department within 20 days. From that point forward, all proceedings shall be conducted in accordance with the Montana Administrative Procedure Act and the Attorney General's Model Rules of Procedure.

(11) Nothing in this rule is intended to approve or authorize promotional games of chance conducted via wire, satellite or telephone communication or similar remote electronic forum. Approval from the department is required for all such proposed activities.

(12) For any violation of this rule, the department may:

(a) act by means of temporary cease and desist orders under 23-5-136(1)(a), MCA; or

(b) impose civil penalties under 23-5-136(1)(b), MCA.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-112, 23-5-115, 23-5-152, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 1997 MAR p. 404, Eff. 2/25/97; AMD, 2002 MAR p. 2441, Eff. 9/13/02; AMD, 2003 MAR p. 1282, Eff. 6/27/03; AMD, 2014 MAR p. 1505, Eff. 7/11/14; AMD, 2019 MAR p. 302, Eff. 3/16/19; AMD, 2022 MAR p. 48, Eff. 1/15/22.

Mont. Admin. R. 23.16.3502 Cashing Payroll Checks -- Definition of Financial Incentives

(1) A licensee may not offer financial incentives or conduct promotional games of chance in connection with an offer to cash payroll checks on the premises.

(2) A "financial incentive," means any inducement involving the payment of money, any reduction in price paid for goods or services, or any award of credit.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-5-164, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94.

Subchapter 23.16.38 Carnival Games

Mont. Admin. R. 23.16.3801 Review of Carnival Games

(1) Carnival games that are intended to be operated at a fair or carnival may be submitted to the department for analysis with the purpose of determining if the games meet the requirements of 23-6-102, MCA. No games shall be authorized unless specifically approved by the department following a review of the game and how it is played. The department may authorize a game not listed in 23-6-104, MCA, if, after careful review, it can be demonstrated that winning is not contingent upon lot or chance and is based upon the skill of the player as defined under 23-6-104(2)(h)(xiv), MCA. No device, machine, instrument, apparatus, contrivance, scheme, or system which meets the definition of gambling as in 23-5-112, MCA, shall be approved.

(2) The actual game must be submitted, not a facsimile or description of the game. The following information must be included with each game submitted:

(a) the name of the person or entity submitting the game, with address and telephone number;

(b) instructions for operation of the game and rules by which the game is played;

(c) all technical manuals, schematics, printed wire assembly and hardware block diagrams, microprocessor manuals, source listings, flow charts, programmer's comments (if applicable); and

(d) any pertinent information the department may deem necessary to complete the review.

(3) A fee shall be collected to offset the department's costs associated with the review, and shall be based on staff time expended to complete the review and shall be charged on an hourly basis. The fee shall be the responsibility of the individual or entity submitting the game. No approval shall be considered final until the fees have been paid.

(4) The individual or entity submitting the game for review shall be responsible for transportation of the game to and from the department's offices.

(5) The department shall have 30 days after submission of the game to complete the review. Final approval shall be given only after payment of fees.

History

Authorizing statute(s): 23-5-115, MCA
Implementing statute(s): 23-6-104, MCA
History: NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94; AMD, 2014 MAR p. 1505, Eff. 7/11/14.

Chapter 23.17 Law Enforcement Academy

Subchapter 23.17.4 Attendance at the Montana Law Enforcement Academy

Mont. Admin. R. 23.17.401 Requirements for Peace Officers and Public Safety Officers to Attend Basic Programs

(1) An applicant to attend MLEA basic programs must be employed by a law enforcement or public safety agency within the state of Montana as a public safety officer as defined in 44-4-401(2), MCA.

(2) Each law enforcement officer basic course applicant shall first be required to pass a physical abilities test developed by the department. An applicant who has passed the test shall be accepted on a first come, first served basis. If the specific course roster that an applicant applies to attend has been filled, the applicant will be placed on a waiting list for that course and also placed on the roster for the next available course. To meet statewide needs, the academy administrator may adjust the placement of applicants to certain course rosters.

(3) Reserve officers who apply to attend basic courses must meet the qualifications and requirements for preservice applicants.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-301, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.101, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2009 MAR p. 867, Eff. 5/29/09; TRANS, from ARM 23.12.1201, 2023 MAR p. 1090, Eff. 9/23/23.

Mont. Admin. R. 23.17.403 Basic Course Attendance Requirements for Preservice Applicants

(1) Preservice applicants are persons not employed as full-time or part-time peace officers. Preservice applicants shall be selected to attend the Montana Law Enforcement Academy Law Enforcement Officer Basic Course based on their ability to meet minimum qualifications. This includes successfully completing the pretest screening of their application, written and physical ability test, oral interview, background investigation, and criminal history investigation. Successful applicants will be ranked in accordance with ARM 23.12.1207. Scheduled attendance by the successful applicants to the Law Enforcement Officer Basic Course will be by order of rank from the applicant list and by course availability. Preservice applicants scheduled to attend the Law Enforcement Officer Basic Course shall receive reporting instructions and other information from the academy administrator or the academy administrator's designee.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-301, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.103, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2009 MAR p. 867, Eff. 5/29/09; AMD, 2014 MAR p. 323, Eff. 2/14/14; TRANS, from ARM 23.12.1203, 2023 MAR p. 1090, Eff. 9/23/23.

Mont. Admin. R. 23.17.404 Minimum Qualifications for Preservice Testing and Pretest Screening

(1) Preservice applicants must meet the minimum qualifications for peace officers as stated in 7-32-303, MCA, with the following exceptions:

(a) applicants must be at least twenty years of age at the date of the test; and

(b) applicants must possess a valid driver's license issued by any state.

(2) Applicants must furnish all personal history information and documentation that may be required by the Montana Law Enforcement Academy on forms furnished by the academy. These include signed release and waiver clauses.

(3) Upon receiving an application and prior to acceptance, the academy will conduct a criminal history and preemployment records check.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-301, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.104, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2009 MAR p. 867, Eff. 5/29/09; AMD, 2014 MAR p. 323, Eff. 2/14/14; TRANS, from ARM 23.12.1204, 2023 MAR p. 1090, Eff. 9/23/23.

Mont. Admin. R. 23.17.405 Preservice Testing Procedures

(1) The preservice applicant tests shall be administered by the academy and/or an approved designee, and shall be conducted whenever it is deemed necessary by the academy administrator or the academy administrator's designee. Applicants shall be notified of the test date, time, and location at least thirty days in advance of the test.

(2) The preservice applicant tests shall consist of a written examination that measures general aptitudes, reading, and writing skills.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-301, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.105, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2009 MAR p. 867, Eff. 5/29/09; AMD, 2014 MAR p. 323, Eff. 2/14/14; TRANS, from ARM 23.12.1205, 2023 MAR p. 1090, Eff. 9/23/23.

Mont. Admin. R. 23.17.406 Preservice Test Screening Procedures

(1) Preservice test screening shall be conducted for those applicants who have successfully completed the testing procedures, who have been ranked according to the ranking procedures, and in accordance with the space available in the Law Enforcement Officer Basic Courses to be presented by the academy in the year following the test date. The availability of space shall be determined by the academy administrator or the academy administrator's designee.

(2) All preservice applicants shall be required to provide two sets of classifiable fingerprints.

(3) The academy administrator or the academy administrator's designee shall conduct criminal history, prior employment, and character and background checks on each applicant selected for further consideration after testing has occurred.

(a) A criminal history investigation may occur before granting an interview to a preservice applicant.

(4) An oral interview board shall be created consisting of the academy administrator or the academy administrator's designee, a representative of a county sheriff's office, a representative of a municipal police department, and a member of the general public.

(a) An alternate representative of a county sheriff's office, representative of a municipal police department, and a member of the general public will also be appointed to serve whenever a representative person is unable to attend an interview. All appointments to the board shall be made by the academy administrator or the academy administrator's designee.

(5) The oral interview board shall interview all preservice applicants who successfully pass the background checks. Applicants who fail the interview will not be considered for admission to any Law Enforcement Officer Basic Course scheduled for the year following this process.

(6) Total possible points for applicants who pass the oral interview will be 55 points. Applicants who pass will be granted from 1-55 points based upon their interview performance.

(7) Any information discovered during any portion of the screening process that is contrary to the qualifications and requirements of 7-32-303, MCA, or of these rules will result in no further consideration of the applicant for attendance in a basic course.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-202, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.106, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2009 MAR p. 867, Eff. 5/29/09; AMD, 2014 MAR p. 323, Eff. 2/14/14; TRANS, from ARM 23.12.1206, 2023 MAR p. 1090, Eff. 9/23/23.

Mont. Admin. R. 23.17.407 Ranking of Preservice Applicants for Eligibility to Attend the Basic Course

(1) Preservice applicants who pass the written tests shall be ranked according to the sum total of the scores achieved in the tests and this score shall be converted to a percentage of the total possible 100.

(2) A maximum of 40 points will be added to this written test score in the following manner, according to credits earned from a postsecondary institution that is accredited by a national or regional accrediting agency:

(a) five points for 30 college semester credits or 45 college quarter credits;

(b) ten points for 60 college semester credits or 90 college quarter credits;

(d) twenty points for 120 college semester credits or 180 college quarter credits;

(e) twenty points is the maximum number of points that can be added without having earned a degree;

(f) an additional five points will be added for an associate degree;

(g) an additional ten points will be added for a baccalaureate degree;

(h) an additional 15 points will be added for a master's degree;

(i) an additional 20 points will be added for a doctoral degree;

(j) twenty points is the maximum number of points that can be added for a college degree; and

(k) ten additional points will be added to the written test score of a person who is a veteran.

(3) Five additional points will be added to the written test score of a person who is a reserve officer of a law enforcement agency and is sponsored by the agency's administrator.

(4) A maximum of 55 points will be added to the applicant's written test score based on performance during the oral interview.

(5) Based on this maximum total of 200 points, applicants will be ranked in order by score.

(6) This ranking is meant only to qualify the applicants for attending the Montana Law Enforcement Academy Law Enforcement Officer Basic Course and is not meant to qualify these individuals for employment as peace officers.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-301, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.107, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2009 MAR p. 867, Eff. 5/29/09; AMD, 2014 MAR p. 323, Eff. 2/14/14; TRANS, from ARM 23.12.1207, 2023 MAR p. 1090, Eff. 9/23/23.

Mont. Admin. R. 23.17.408 Procedures for Registration, Attendance, and Fees for Preservice Applicants

(1) In order of rank, preservice applicants will be given an opportunity to register for those Law Enforcement Officer Basic Course sessions that are scheduled by the academy. Applicants shall be considered eligible to attend any Law Enforcement Officer Basic Course session scheduled to commence within one year from the date of their ranking.

(2) Once the scheduled preservice roster is full for a particular Law Enforcement Officer Basic Course session, applicants will be placed on a waiting list by order of rank.

(3) Registered applicants who decline to participate in a Law Enforcement Officer Basic Course session may be required to retest, but may be allowed to reregister for another session at the discretion of the academy administrator or the academy administrator's designee.

(4) At least 30 days before a Law Enforcement Officer Basic Course session is scheduled to begin, registered applicants will be required to complete and pass a medical examination which will be conducted by a health care professional selected and paid for by the applicant.

(5) At least 30 days before a Law Enforcement Officer Basic Course session is scheduled to begin, registered applicants will be required to provide proof of medical insurance coverage for the period of the basic course. Other final documentation required by the academy must also be provided at least 30 days in advance.

(6) Cost for participation in the Law Enforcement Officer Basic Course Preservice Program is $5,100 for in-state residents and $7,100 for out-of-state residents. These fees include room and board, instructional costs, training and education materials, and equipment and supplies. A $300 nonrefundable deposit, which is deducted from the total cost of participation, must be paid within ten days of acceptance into the Preservice Program.

(a) For purposes of the Montana Law Enforcement Academy Preservice Program, a person is considered a Montana resident if they have resided in the state for 180 consecutive days. Applicants may be required to provide sufficient documentation to prove residency.

(7) Preservice students who leave a Law Enforcement Officer Basic Course voluntarily or who are dismissed will be granted a tuition refund on the following basis:

(a) 75% of the tuition fee will be refunded to applicants who leave during the first week of the basic course;

(b) 50% of the tuition fee will be refunded to applicants who leave during the second week of the basic course; and

(8) At least 30 days before the starting date of a Law Enforcement Officer Basic Course session, registered applicants will receive a packet of information that includes reporting information and the name and address of the course manager for the particular basic course session.

(9) Registered applicants will also receive a copy of the student handbook and student agreement (conduct rules) at this time.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-202, 44-10-301, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 1998 MAR p. 1279, Eff. 5/15/98; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.108, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2014 MAR p. 323, Eff. 2/14/14; TRANS, from ARM 23.12.1208, 2023 MAR p. 1090, Eff. 9/23/23.

Subchapter 23.17.5 Conduct While in Attendance at the Montana Law Enforcement Academy

Mont. Admin. R. 23.17.501 Rules of Conduct for Students Attending Programs Upon the Montana Law Enforcement Academy Campus

(1) Students must agree in writing to accept and act in accordance with the rules as stated in the Montana Law Enforcement Academy student agreement governing their conduct and behavior while attending programs upon the Montana Law Enforcement Academy campus.

(2) The student agreement for basic students shall specifically address the following rules:

(a) students are prohibited from consuming or possessing any alcoholic beverages on the academy campus; and

(b) students are prohibited from gambling of any kind while on the academy campus.

(3) The student agreement may also specify other rules and regulations that the academy administrator or the academy administrator's designee may deem as proper and necessary in order to manage the campus and courses in a safe and orderly manner.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-202, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; TRANS, from ARM 23.17.201, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2014 MAR p. 323, Eff. 2/14/14; TRANS, from ARM 23.12.1301, 2023 MAR p. 1090, Eff. 9/23/23.

Subchapter 23.17.6 Performance Criteria at the Montana Law Enforcement Academy

Mont. Admin. R. 23.17.611 Student Academic Performance Requirements for Montana Law Enforcement Academy Courses

(1) A student must achieve a final grade score of 75 percent of the total possible points that can be accumulated for all graded examinations, exercises, and assignments.

(2) A student must meet a 90 percent attendance rating of not only the overall course but of each unit of instruction. In the Law Enforcement Officer Basic Course this includes law and criminal procedure, human behavior and social interaction, patrol operations, investigations, health and wellness, traffic enforcement, and survival skills.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-202, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 2002 MAR p. 1754, Eff. 6/28/02; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.311, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2009 MAR p. 2018, Eff. 10/30/09; AMD, 2014 MAR p. 323, Eff. 2/14/14; TRANS, from ARM 23.12.1411, 2023 MAR p. 1090, Eff. 9/23/23.

Mont. Admin. R. 23.17.612 Other Student Performance Measures

(1) Written and practical assignments will be scored. Student scores will be used in the following manner:

(a) the scores may be part of the final grade, and can be used to establish class ranking of the student;

(b) the scores achieved by a student will be documented in the student's file; and

(2) Performance evaluations will be conducted on a regular basis by the academy administrator or the academy administrator's designee. Performance evaluations will be summarized orally and in writing and based upon categories that objectively reflect students' participation in Montana Law Enforcement Academy courses. This may include but is not limited to the following areas:

(a) appearance;

(b) interpersonal skills; and

(3) The evaluation will consist of various levels of performance including but not limited to:

(a) exceeds demands;

(b) meets demands;

(d) not acceptable.

(4) Pass/fail requirements for student performance evaluations are:

(a) a total of three "needs to improve" evaluations in any one specific category or a total of any two "not acceptable" evaluations will result in a corrective action plan, or could result in immediate dismissal from the Law Enforcement Officer Basic Course by the academy administrator or the academy administrator's designee.

(5) A copy of the performance evaluation criteria and a written summary of a student's performance evaluation will be provided to the student and to the student's agency administrator.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-202, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.312, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2009 MAR p. 867, Eff. 5/29/09; AMD, 2014 MAR p. 323, Eff. 2/14/14; TRANS, from ARM 23.12.1412, 2023 MAR p. 1090, Eff. 9/23/23.

Mont. Admin. R. 23.17.613 Montana Law Enforcement Academy Firearms Performance Requirements for the Law Enforcement Officer Basic Course

(1) A student must achieve a passing score in the Montana Law Enforcement Academy firearms training course.

(2) The total accumulative points possible for the firearms training course shall be determined by the academy administrator or the academy administrator's designee.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-202, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.313, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2014 MAR p. 323, Eff. 2/14/14; TRANS, from ARM 23.12.1413, 2023 MAR p. 1090, Eff. 9/23/23.

Mont. Admin. R. 23.17.614 Physical Abilities Performance Requirements for the Law Enforcement Officer Basic Course

(1) All students will be required to perform and pass a physical abilities test prior to acceptance into the law enforcement officer basic course.

(2) A document detailing fitness requirements, academy expectations, and student preparation procedures will be furnished to all students who register for the basic course.

(3) Student performance will be measured at times during and/or before the basic course. These testing times may consist of the following:

(a) an entry physical abilities test within 90 days of the start of the basic course;

(b) midterm physical abilities test; and

(4) Students who arrive at the academy with an injury or condition that prevents them from attempting any of the prescribed physical abilities tests will not be accepted into the basic course.

(5) At the prescribed physical abilities tests, the student must pass required levels of performance as prescribed by administrative policy. Students who fail to meet the required performance levels will be given opportunity for retest within ten business days of the posted date of failure. Failure to pass the prescribed physical abilities test may result in expulsion or termination from the basic course.

History

Authorizing statute(s): 44-10-102, 44-10-202, MCA
Implementing statute(s): 44-10-102, 44-10-202, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 1992 MAR p. 2075, Eff. 9/11/92; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.314, 2008 MAR p. 1470, Eff. 7/18/08; AMD, 2009 MAR p. 867, Eff. 5/29/09; TRANS, from ARM 23.12.1414, 2023 MAR p. 1090, Eff. 9/23/23.

Mont. Admin. R. 23.17.615 Basic Course Achievement Awards

(1) Achievement awards will be presented by the academy administrator to students in each basic course class in the following categories:

(a) Academic--awarded to the student that successfully passes all phases of training and attains the highest final grade in the class.

(b) Firearms--awarded to the student that has the highest score on the firearms qualification course.

(c) Physical fitness--awarded to the student that achieves the highest aggregate total of the four fitness tests in all three times it is taken.

(d) Academy staff--awarded to the student that demonstrates all the requisite skills to become an exceptional law enforcement officer. The recipient is selected by a vote of the class students.

(e) Representative--is selected by the class students to represent them as a body and deliver a graduation address at the graduation ceremonies.

(2) Additional awards may be presented, when authorized by the academy administrator, for recognition of excellence or outstanding performance.

History

Authorizing statute(s): 44-10-202, MCA
Implementing statute(s): 44-10-202, MCA
History: NEW, 1990 MAR p. 1261, Eff. 7/1/90; AMD, 2006 MAR p. 2917, Eff. 11/23/06; TRANS, from ARM 23.17.316, 2008 MAR p. 1470, Eff. 7/18/08; TRANS, from ARM 23.12.1416, 2023 MAR p. 1090, Eff. 9/23/23.

Chapter 23.18 Miscellaneous Duties of the Department

Subchapter 23.18.1 Certificates of Public Advantage for Health Care

Mont. Admin. R. 23.18.101 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-4-612, MCA
Implementing statute(s): 50-4-601 through 50-4-612, MCA
History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

Mont. Admin. R. 23.18.102 Application Procedure

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-4-612, MCA
Implementing statute(s): 50-4-603, 50-4-612, MCA
History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

Mont. Admin. R. 23.18.103 Procedure for Review of Applications

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-4-612, MCA
Implementing statute(s): 50-4-603, MCA
History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

Mont. Admin. R. 23.18.104 Standards for Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-4-612, MCA
Implementing statute(s): 50-4-603, MCA
History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

Mont. Admin. R. 23.18.105 Reconsideration

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-4-612, MCA
Implementing statute(s): 50-4-604, 50-4-612, MCA
History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

Mont. Admin. R. 23.18.106 Active Supervision of Approved Transactions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-4-612, MCA
Implementing statute(s): 50-4-612, 50-4-622, MCA
History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

Mont. Admin. R. 23.18.107 Revocation of Certificates

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-4-612, MCA
Implementing statute(s): 50-4-609, 50-4-612, MCA
History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

Mont. Admin. R. 23.18.108 Fees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 50-4-623, MCA
Implementing statute(s): 50-4-612, 50-4-623, MCA
History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

Subchapter 23.18.2 Tobacco Product Reserve Fund Act

Mont. Admin. R. 23.18.201 Quarterly Certifications and Escrow Deposits

(1) To promote compliance with 16-11-403 , MCA, the attorney general may require nonparticipating manufacturers to certify quarterly their compliance with the Montana Tobacco Product Reserve Fund Act and An Act Enhancing Enforcement of the Tobacco Product Reserve Fund Act. The attorney general may also require nonparticipating manufacturers to make the escrow payments required by 16-11-403 , MCA, in quarterly installments during the year in which the sales covered by such payments are made.

(2) This rule applies to nonparticipating manufacturers who meet any of the following criteria:

(a) the nonparticipating manufacturer has not previously established and funded a qualified escrow fund in Montana;

(b) the nonparticipating manufacturer has not made an escrow deposit for more than one year;

(d) the nonparticipating manufacturer has failed to pay any judgment, including any civil penalty, entered for any violation of 16-11-401 through 16-11-512 , MCA;

(e) the nonparticipating manufacturer has stamped or sold more than 1,000,000 of their cigarettes in Montana during a quarter; or

(f) if the attorney general has reasonable cause to believe the nonparticipating manufacturer may not make its full required escrow deposit by April 15 of the year following the year in which the cigarettes sales were made.

History

Authorizing statute(s): 16-11-508, 16-11-511, MCA
Implementing statute(s): 16-11-403, 16-11-508, MCA
History: NEW, 2004 MAR p. 1323, Eff. 6/4/04.

Mont. Admin. R. 23.18.202 Deadline for Quarterly Escrow Deposits

(1) Nonparticipating manufacturers who are required to make quarterly escrow deposits must do so no later than 30 days after the end of the quarter in which the sales are made. For example, the deadline for making a quarterly escrow deposit for cigarette sales occurring in January through March is April 30 of the same year.

History

Authorizing statute(s): 16-11-508, 16-11-511, MCA
Implementing statute(s): 16-11-508, MCA
History: NEW, 2004 MAR p. 1323, Eff. 6/4/04.

Mont. Admin. R. 23.18.203 Deadline for Submitting Quarterly Certification and Notifying Attorney General of Quarterly Escrow Deposit

(1) Nonparticipating manufacturers who are required to make quarterly escrow deposits must provide the attorney general with official notification of the quarterly escrow deposit no later than 15 days after the deadline on which an escrow deposit is required.

(2) Nonparticipating manufacturers must also provide their quarterly certifications and produce documentation sufficient to allow the attorney general to determine the adequacy of the deposit with the same deadline. For example, the deadline for certifying, officially notifying the attorney general of a quarterly escrow deposit, and providing the documentation of the adequacy of the deposit for sales of cigarettes that occurred in January through March is May 15 of the same year.

History

Authorizing statute(s): 16-11-508, 16-11-511, MCA
Implementing statute(s): 16-11-403, 16-11-503, 16-11-508, MCA
History: NEW, 2004 MAR p. 1323, Eff. 6/4/04.

Mont. Admin. R. 23.18.204 Quarterly Periods Defined

(1) For purposes of this subchapter, the calendar year shall be divided into the following quarters: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31.

History

Authorizing statute(s): 16-11-508, 16-11-511, MCA
Implementing statute(s): 16-11-508, MCA
History: NEW, 2004 MAR p. 1323, Eff. 6/4/04.

Mont. Admin. R. 23.18.205 Untimely or Incomplete Quarterly Certification or Quarterly Escrow Deposit

(1) The attorney general may remove the delinquent nonparticipating manufacturer and its brand families from the directory required by 16-11-504 , MCA, if:

(a) the required quarterly escrow deposit is not timely made in full;

(b) the required quarterly certification is not provided to the attorney general;

(d) the manufacturer fails to provide timely documentation sufficient to establish the adequacy of the deposit.

History

Authorizing statute(s): 16-11-508, 16-11-511, MCA
Implementing statute(s): 16-11-504, MCA
History: NEW, 2004 MAR p. 1323, Eff. 6/4/04.

Mont. Admin. R. 23.18.206 Burden of Establishing Entitlement to Be Listed in the Directory

(1) The burden of proof is on the tobacco product manufacturer to establish that it or a particular brand family is entitled to be listed on the directory.

History

Authorizing statute(s): 16-11-511, MCA
Implementing statute(s): 16-11-504, MCA
History: NEW, 2004 MAR p. 1323, Eff. 6/4/04.

Mont. Admin. R. 23.18.207 Wholesaler Reporting

(1) Wholesaler reports required by 16-11-507 , MCA, shall be filed monthly no later than 15 days after last day of the reporting month.

History

Authorizing statute(s): 16-11-511, MCA
Implementing statute(s): 16-11-507, MCA
History: NEW, 2004 MAR p. 1323, Eff. 6/4/04.

Mont. Admin. R. 23.18.208 Late Filing Assessment

(1) A penalty will be assessed a wholesaler or tobacco product manufacturer for failing to file a report by 20 days after the last day of the reporting month.

(2) The failure to file a required report shall result in a late filing penalty of $50 for each business day the filing is late, for a maximum penalty of $1,000 per late filing.

History

Authorizing statute(s): 16-11-508, 16-11-511, MCA
Implementing statute(s): 16-11-503, 16-11-507, 16-11-508, MCA
History: NEW, 2004 MAR p. 1323, Eff. 6/4/04.

Mont. Admin. R. 23.18.209 Truthfulness, Completeness, and Accuracy of Submissions

(1) A wholesaler or tobacco product manufacturer who submits to the Department of Justice a report, invoice, receipt, memoranda, or other record is considered to represent to the Department of Justice, to the best of the wholesaler's or manufacturer's knowledge and belief, that the item is genuine and that its contents, including all statements, claims, and representations contained in the document, are true, complete, accurate and not misleading.

(2) There is an inference that a person who signs or submits a document to the Department of Justice on behalf or in the name of a wholesaler or manufacturer is authorized by the wholesaler or manufacturer to do so and is acting under the wholesaler's or manufacturer's direction.

History

Authorizing statute(s): 16-11-508, 16-11-511, MCA
Implementing statute(s): 16-11-118, 16-11-503, 16-11-507, MCA
History: NEW, 2004 MAR p. 1323, Eff. 6/4/04.

Mont. Admin. R. 23.18.210 Complaints

(1) Complaints regarding violations of 16-11-501 through 16-11-512 , MCA, must be submitted in writing in affidavit form and signed by the person with personal knowledge of the allegations in the complaint.

History

Authorizing statute(s): 16-11-511, MCA
Implementing statute(s): 16-11-504, 16-11-505, 16-11-509, MCA
History: NEW, 2004 MAR p. 1323, Eff. 6/4/04.

Subchapter 23.18.3 Montana 24/7 Sobriety Program Act

Mont. Admin. R. 23.18.301 Definitions

Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule.

(1) "24/7 sobriety program" or "program" means the program established in 4-4-1203, MCA. The program is a sobriety program in which a participant submits to testing of breath or other bodily substances to determine whether alcohol or drugs are present in the participant's body.

(2) "Continuous remote transdermal alcohol monitoring device" means an instrument that is securely located in close proximity to the wearer's skin and is capable of remotely sampling the wearer's sweat for the presence of transdermal alcohol concentration or TAC. The term includes any associated equipment necessary for the device to perform properly.

(3) "Data management system" means a data management technology plan approved by the Attorney General that is designed to manage testing, data access, fees and fee payments, and any required reports.

(4) "Department" means the Montana Department of Justice.

(5) "Drug patch" means an adhesive patch affixed to the skin for a set number of days that uses sweat to detect the parent drug and drug metabolite.

(6) "Participant" means a person who has been ordered by a court or directed by the Board of Pardons and Parole, Department of Corrections, or a parole officer to participate in the 24/7 sobriety program.

(7) "Participating agency" means a sheriff's office or an entity designated by a sheriff that has agreed to participate in the 24/7 sobriety program.

(8) "Participating vendor" means a vendor that meets the 24/7 sobriety program criteria established by the Attorney General to provide equipment or services to implement and operate the 24/7 sobriety program.

(9) "Preliminary alcohol screening test device" or "PAST" means a device listed on the Forensic Science Division's list for approved PAST devices.

(10) "Program requirements" means a document that sets forth the type and frequency of testing, the testing location, the testing fees and payment procedures, and the participant's responsibilities under the 24/7 sobriety program.

(11) "Remote breath test device" means a mobile breath alcohol testing device capable of scheduling tests at least three to six times a day and detecting and verifying the presence and level of alcohol in a testing participant's body. The term also includes ignition interlock devices.

(12) "Saliva testing" means testing that analyzes a saliva sample for parent drugs and metabolites.

(13) "Urinalysis" means the testing of urine by physical, chemical, and microscopical means to test for the presence of alcohol, drugs, or other substances.

(14) "Vendor agreement" means an agreement approved by the Attorney General between a participating vendor and a participating agency that establishes the services the participating vendor and a participating agency will provide, the related costs and fees, and the portion of costs and fees that will be paid to a participating vendor and to a participating agency.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1204, MCA
History: NEW, 2011 MAR p. 2033, Eff. 10/1/11; AMD, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.302 Placement in the 24/7 Sobriety Program

(1) A participant may be placed in the 24/7 sobriety program as a condition of bond or pretrial release, a condition of sentence or probation, or as a condition of parole.

(2) An order or directive placing a participant in the program should include the type of testing and the length of time that the participant is to remain in the program.

(3) A participant shall report for twice-daily breath tests or, in cases of hardship, submit to a hardship testing methodology for the length of time ordered by the court, the Board of Pardons and Parole, the Department of Corrections, or a parole officer.

(4) A participating agency must receive a copy of the order or directive before enrolling a participant in the program.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, 44-4-1205, MCA
History: NEW, 2011 MAR p. 2033, Eff. 10/1/11; AMD, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.303 Enrollment

(1) A representative of a participating agency shall enroll a participant in the 24/7 sobriety program prior to testing.

(2) During enrollment, the representative of a participating agency shall enter the participant's information in the data management system. The representative of a participating agency shall provide the participant with the appropriate program requirements, inform the participant that information may be shared for law enforcement and reporting purposes, and provide the participant with information related to testing, procedures, and fees.

(3) The participant shall sign the program requirements and release of information form.

(4) A representative of a participating agency must enter the following information into the data management system for each participant at the time of enrollment:

(a) the participant's first and last names;

(b) the participant's national identification or social security number;

(d) the case docket number, jurisdiction, and judge;

(e) the participant's gender, date of birth, race, ethnicity, email address, phone number, address, and current occupation;

(f) the program start date;

(g) the projected program end date;

(h) the monitoring type;

(i) offense;

(j) the supervising agency;

(k) the supervising agent; and

(l) the primary test site.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, MCA
History: NEW, 2011 MAR p. 2033, Eff. 10/1/11; AMD, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.304 Testing Authorized

(1) Except as provided in (3), a participant in the 24/7 sobriety program shall submit to alcohol testing at a central location through a primary testing methodology.

(2) A participant who has been ordered to provide twice-daily breath tests shall report to the participating agency's testing location at two daily testing times approximately 12 hours apart. A trained person shall administer the required testing. The participant shall wait at least 20 minutes between an initial test with a non-negative test result and the confirmatory test.

(3) In cases of hardship, a participant may be ordered to submit to a hardship testing methodology that appears on the department's list of approved methodologies, instruments, and vendors.

(4) A participating agency shall record all installations, removals, test results, confirmed tampers, and reasons for a participant's termination from the program in the data management system on a timely basis.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, MCA
History: NEW, 2011 MAR p. 2033, Eff. 10/1/11; AMD, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.305 Participant Fees

(1) A 24/7 program participant may be charged a fee of up to $30 each time a participant enrolls in a 24/7 sobriety program, in addition to any fees charged under (2) through (4).

(2) A participating agency shall charge a participant who has been ordered to provide twice-daily breath tests a fee, which may not exceed the amount provided for in the vendor agreement.

(3) A participating agency shall charge a participant who has been ordered to submit to remote transdermal alcohol monitoring or remote breath testing the following fees and costs, which may not exceed the amounts provided for in the vendor agreement:

(a) a daily monitoring fee as provided for in the vendor agreement, which must be paid in advance on a one-week, two-week, or four-week basis;

(b) an installation or activation fee as provided for in the vendor agreement; and

(4) A participating agency shall charge a participant who has been ordered to submit to the use of a drug patch or to saliva or urinalysis testing a fee which may not exceed the amount provided for in the vendor agreement.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, 44-4-1206, MCA
History: NEW, 2011 MAR p. 2033, Eff. 10/1/11; AMD, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.306 Collection, Distribution, and Use of Enrollment and Testing Fees

(1) A participant shall pay all fees directly to the participating agency.

(2) A participating agency shall distribute a portion of the testing fees to the participating vendors in accordance with the vendor agreements.

(3) The participation fees and the remainder of the testing fee proceeds are for the use of the participating agency and must be placed in the sobriety program account authorized in ARM 23.18.307. The fee proceeds may be used only for the purposes of administering the 24/7 sobriety program.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, 44-4-1206, MCA
History: NEW, 2011 MAR p. 2033, Eff. 10/1/11; AMD, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.307 Account for Testing Fees

(1) A participating agency shall establish and maintain a sobriety program account.

(2) A participating agency shall collect and deposit testing fees and any other funds received for the 24/7 sobriety program into the sobriety program account for administration of the program.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1204, 44-4-1206, MCA
History: NEW, 2011 MAR p. 2033, Eff. 10/1/11.

Mont. Admin. R. 23.18.308 Data Management System

(1) A participating agency shall use the data management system, including hardware and software, approved and provided by the Attorney General.

(2) The data management system must feature a secure, remotely hosted, demonstrated, web-based management application that allows multiple concurrent users to access and input information.

(3) The data management system must support breath testing (in-person and remote), continuous remote transdermal alcohol monitoring, drug patch testing, urinalysis testing, and saliva testing. The data management system must also support an interactive voice response system for generating random drug test schedules.

(4) The data management system must be capable of tracking and storing an unlimited number of events, including, but not limited to, participant enrollment, testing activity, accounting activity, and participating agency activity.

(5) The data management system must be capable of generating reports with any combination of system fields and data. The data management system must allow reports to be generated as needed and on a scheduled basis and allow reports to be exported over a network connection or by remote printing.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, 44-4-1206, MCA
History: NEW, 2011 MAR p. 2033, Eff. 10/1/11; AMD, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.309 24/7 Sobriety Program Advisory Council

(1) The Attorney General shall establish a 24/7 sobriety program advisory council. The council must include:

(a) a representative from the department;

(b) two members of the judiciary, one from an urban area and one from a rural area;

(d) two legislators appointed by the Attorney General, one from the majority party and one from the minority party; and

(e) up to two other at large members appointed by the Attorney General. At large members must be stakeholders involved in the program.

(2) The Attorney General may convene meetings of the 24/7 sobriety program advisory council to review the program and administrative rules.

(3) Except as provided in (4), each appointed representative shall serve a term of two years. There shall be no limit on the number of terms a representative may serve.

(4) One representative appointed pursuant to each subsection from (1)(b) through (1)(e) shall serve an initial term of one year.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1204, MCA
History: NEW, 2011 MAR p. 2033, Eff. 10/1/11; AMD, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.310 Approved Testing Methodologies, Instruments, and Vendors

(1) The department shall maintain a list of approved testing methodologies, instruments, and vendors for the 24/7 sobriety program. Only approved methodologies, instruments, and vendors may be used.

(2) To be approved:

(a) the testing methodology and instrument must conform to the requirements of ARM 23.18.311 through 23.18.313; and

(b) the participating vendor must have a current vendor agreement.

(3) The department shall publish the list on the department's website. The department shall distribute copies of the list to the participating agencies, judges, and any other entity using the 24/7 program.

(4) The department shall remove a methodology, instrument, or vendor from the list if:

(a) the instrument or vendor fails to comply with any requirement in (2) after notification and an opportunity to remedy the failure; or

(b) the methodology or instrument is no longer supported by evidence of effectiveness.

(5) The department shall notify all participating law enforcement agencies, judges, and participating entities when removing a methodology, instrument, or vendor from the list.

(6) The sheriff shall ensure that the individuals administering all 24/7 program testing methodologies and instruments are properly trained.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, MCA
History: NEW, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.311 Preliminary Alcohol Screening Test (past) Devices

(1) The department shall approve a PAST device for use in the 24/7 sobriety program if the device:

(a) appears on the list of approved PAST devices maintained by the Forensic Science Division; and

(b) is field certified pursuant to ARM 23.4.213.

(2) The department shall include a device approved pursuant to (1) on its list of approved testing methodologies, instruments, and vendors.

(3) The following definitions apply to a twice-daily PAST testing regimen:

(a) "Confirmation test" or "confirmatory test" is the final breath alcohol test used to determine if a participant violated the requirements of the program.

(b) "Confirmed no show" means a pending no show that is unexcused and confirmed. A confirmed no show is a non-compliant event.

(c) "Deprivation period" means the time required between a non-negative initial test and a confirmatory test. During a deprivation period, the participant is instructed to remove any non-fixed foreign material from their mouth and to not place any new foreign matter into their mouth.

(d) "Excused no show" means a pending no show that is excused by the participant's supervisor. An excused no show is not a non-compliant event.

(e) "Initial test" is a first test that screens out compliant participants. Participants with a non-negative initial test are subject to a confirmatory test.

(f) "Negative for the presence of alcohol" means the PAST initial or confirmatory test results are less than 0.006 G/210L, where G means the weight of alcohol in grams and L means the volume of breath in liters.

(g) "Non-negative test result" means the PAST initial test results are greater than or equal to 0.006 G/210L, where G means the weight of alcohol in grams and L means the volume of breath in liters. Non-negative test results are compliant test results.

(h) "Pending no show" means a scheduled test for which a participant did not appear or did not provide a sample for analysis, but the no show is not yet confirmed or excused by the participant's supervisor.

(i) "Positive for the presence of alcohol" means the initial and confirmatory test results are 0.006 G/210L or greater, where G means the weight of alcohol in grams and L means the volume of breath in liters.

(j) "Refusal to test" means a participant is unwilling to provide a confirmatory test after an initial test. This is a non-compliant event.

(4) All testing data from a PAST device must be entered into the data management system.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, MCA
History: NEW, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.312 Transdermal Testing

(1) Only transdermal alcohol monitoring devices and vendors on the department's list of approved testing methodologies, instruments, and vendors may be used in the 24/7 program.

(2) The following definitions apply to a transdermal testing regimen:

(a) "Confirmed positive transdermal result" means the transdermal instrument reports a "confirmed positive" based on the participant's alcohol use.

(b) "Confirmed tamper" means an instance where a participant attempts to foil the testing process or alter the test result, with or without success.

(c) "Positive for the use of alcohol" or "confirmed positive" means the transdermal system reports and confirms a participant's alcohol use.

(3) Transdermal alcohol monitoring devices must transmit stored test data to the transdermal alcohol monitoring system for interpretation and storage at least once a week.

(4) At least once a day, the transdermal alcohol monitoring system must transmit collected enrollment and test data into the data management system through a department-approved interface. The uploaded data shall include recently collected data with a date stamp for the day it was collected and a date stamp for the day that the results were generated. If all of the tests for a day are collected, but not confirmed, a message indicating that the data for that day is "in process" should be transmitted to the data management system. No data or message should be transmitted for a day where data has yet to be collected from the testing device. Once confirmed data has been successfully uploaded to the data management system, it should not be uploaded again unless the data management system requests it.

(5) Required data includes the following:

(a) enrollment data as outlined in ARM 23.18.303(4);

(b) the instrument's identification;

(d) the program start and end dates;

(e) the device attachment date;

(f) the data transfer type;

(g) the days monitored;

(h) the number of analyses performed daily;

(i) any confirmed test results with the time, date, and if the test result is positive, the transdermal alcohol concentration;

(j) the device removal date;

(k) the removed instrument's identification;

(l) the reason for the device's removal;

(m) the reason for the participant's program termination; and

(n) the date and time of the participant's program termination.

(6) Transdermal alcohol monitoring devices must sample a person's perspiration at least once every 30 minutes.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, MCA
History: NEW, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.313 Remote Breath Testing

(1) Only remote breath testing devices and vendors on the department's list of approved testing methodologies, instruments, and vendors may be used in the program.

(2) The following definitions apply to a remote breath testing regimen:

(a) "Confirmation test" or "confirmatory test" is the final breath alcohol test used to determine if a participant violated the requirements of the program.

(b) "Confirmed no show" means a pending no show that is unexcused and confirmed. A confirmed no show is a non-compliant event.

(c) "Confirmed tamper" means an instance where a participant attempts to foil the testing process or alter the test result, with or without success.

(d) "Deprivation period" means the time required between a non-negative initial test and a confirmatory test. During a deprivation period, the participant is instructed to remove any non-fixed foreign material from their mouth and to not place any new foreign matter into their mouth.

(e) "Excused no show" means a pending no show that is excused by the participant's supervisor. An excused no show is not a non-compliant event.

(f) "Initial test" is a first test that screens out compliant participants. Participants with a non-negative initial test are subject to a confirmatory breath alcohol test.

(g) "Negative for the presence of alcohol" means the initial or confirmatory test results are less than 0.020 G/210L, where G means the weight of alcohol in grams and L means the volume of breath in liters.

(h) "Non-negative test result" means the initial test results are greater than or equal to 0.020 G/210L, where G means the weight of alcohol in grams and L means the volume of breath in liters. Non-negative tests are compliant tests.

(i) "Pending no show" means a scheduled test for which a participant did not appear or did not provide an initial sample for analysis, but the no show is not yet resolved by the participant's supervisor.

(j) "Positive for the presence of alcohol" means the initial and confirmatory test results where both results are 0.020 G/210L or greater, where G means the weight of alcohol in grams and L means the volume of breath in liters.

(k) "Refusal to test" means a participant's unwillingness to provide a confirmatory test after an initial test. This is a non-compliant event.

(3) At least once a day, remote breath alcohol monitoring devices must transmit stored test data to the remote breath alcohol monitoring system for interpretation and storage.

(4) At least once a day, a remote breath alcohol monitoring system must transmit collected enrollment and test data into the data management system through a department-approved interface. The uploaded data shall include recently collected data with a date stamp for the day the data was collected and the day the results were generated. If all of the tests for a day have been collected, but not confirmed, a message indicating that the data for that day are "in process" should be transmitted. No data or message should be transmitted for a day where data has yet to be collected from the testing device. Once confirmed data has been successfully uploaded to the data management system, it should not be uploaded again unless the data system requests it.

(5) Required data includes the following:

(a) enrollment data as outlined in ARM 23.18.303(4);

(b) the instrument's identification;

(d) the program start and end dates;

(e) the instrument acceptance date;

(f) the data transfer type;

(g) the days monitored;

(h) the number of analyses performed daily;

(i) any confirmed test results, including a refusal to provide a confirmation test, a confirmed no show, or an excused no show, with the time, date, and if the test result is positive, the alcohol concentration;

(j) the instrument return date;

(k) the returned instrument's identification;

(l) the reason for the instrument's return;

(m) the reason for the participant's program termination; and

(n) the date and time of the participant's program termination.

(6) Remote breath alcohol testing devices must conduct between three and six tests per day, with two of the tests twelve hours apart.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, MCA
History: NEW, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.314 Drug Patch Usage

(1) Only drug patches and vendors on the department's list of approved testing methodologies, instruments, and vendors may be used in the program.

(2) A drug patch shall be used and transmitted to the laboratory for analysis in accordance with manufacturer specifications.

(3) The individual removing the drug patch shall collect specimens using a container from an approved vendor and send the container to the laboratory for testing.

(4) For each specimen, the individual administering the drug patch shall complete a test-requisition and chain of custody form in accordance with industry standards.

(5) Required data from drug patch testing must be promptly entered into the data management system. The required data includes:

(a) enrollment data as outlined in ARM 23.18.303(4);

(b) the program start date;

(d) the drug patch attachment date;

(e) the drug patch identification;

(f) the test status and result;

(g) the reason for the participant's program termination; and

(h) the date and time of the participant's program termination.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, MCA
History: NEW, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.315 Saliva and Urinalysis Testing

(1) Only saliva and urinalysis testing instruments and vendors on the department's list of approved testing methodologies, instruments, and vendors may be used in the program.

(2) For purposes of this rule, the following definitions apply:

(a) "Confirmatory test" means the final drug test used to determine if a participant has violated the requirements of the program. If the participant does not admit use and chooses to perform a laboratory confirmation test, the laboratory confirmation test is considered a confirmatory test and the on-site analysis is considered an initial test. If the participant chooses not to run a laboratory confirmation test, the on-site test is considered the confirmatory test.

(b) "Initial test" means a first test that screens out compliant participants. If the initial test is non-negative, the participant is subject to a confirmatory test in urinalysis and oral swab testing unless the participant admits use.

(i) a facility that receives and tests saliva and urine specimens to determine the presence of drugs; and

(ii) a facility with at least one of the following certifications or accreditations: Clinical Laboratory Improvement Amendment (CLIA); American Association for Laboratory Accreditation; American Osteopathic Association/Healthcare Facilities Accreditation Program (AOA/HFAP); College of American Pathologists (COLA); ANSI National Accreditation Board (ANAB); or The Joint Commission.

(d) "Non-negative test result" means a test result on an initial test that is greater than the cutoff level for a psychoactive substance or metabolite but is not confirmed as a positive test.

(e) "Positive test result" means a test result confirming the presence of a psychoactive substance or metabolite in a sample provided by a participant.

(3) The individual administering the saliva or urinalysis test shall collect specimens using a container from an approved vendor and send the container to a laboratory for testing if the testing protocol requires laboratory review. For each specimen requiring laboratory review, the individual administering the test shall complete a test-requisition and/or chain of custody form in accordance with industry standards.

(4) Required data from saliva and urinalysis testing must be promptly entered into the data management system. Required data includes:

(a) enrollment data as outlined in ARM 23.18.303(4);

(b) the program start date;

(d) the reason for a participant's program enrollment;

(e) the name of the individual administering the test;

(f) the primary test site;

(g) the type of test; the oral fluid or urinalysis kit identification number;

(h) for a laboratory sample, the chain of custody number;

(i) the test status and result;

(j) the reason for the participant's program termination; and

(k) the date and time of the participant's program termination.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, MCA
History: NEW, 2020 MAR p. 2407, Eff. 12/25/20.

Mont. Admin. R. 23.18.316 Violations—noncompliant Events

(1) A participant fails to comply with the requirements of the 24/7 sobriety program if the participant:

(a) fails to enroll in the 24/7 sobriety program;

(b) is unwilling to pay the associated testing or participation fees;

(d) fails to provide a proper test sample;

(e) violates a condition of program participation; or

(f) is otherwise determined to be noncompliant by a program administrator or judge.

(2) In addition to the noncompliant events in (1), a participant who is ordered to submit to twice-daily breath tests on a PAST fails to comply with the requirements of the 24/7 sobriety program if the participant:

(a) fails to report to the testing location during the scheduled testing times;

(b) reports to the testing site but refuses or is unable to provide an initial sample or a confirmatory sample for analysis; or

(c) provides a confirmatory test that is positive for the presence of alcohol greater than or equal to 0.006 G/210L of breath for PAST devices.

(3) In addition to the noncompliant events in (1), a participant who is ordered to submit to transdermal alcohol monitoring fails to comply with the requirements of the 24/7 sobriety program if:

(a) the transdermal alcohol monitoring system reports a confirmed positive transdermal result; or

(b) the transdermal alcohol monitoring system reports a confirmed tamper.

(4) In addition to the noncompliant events in (1), a participant who is ordered to submit to remote breath alcohol monitoring fails to comply with the requirements of the 24/7 sobriety program if:

(a) the remote breath alcohol monitoring system reports a confirmed positive result;

(b) the remote breath alcohol monitoring system reports a confirmed tamper; or

(5) In addition to the noncompliant events in (1), a participant who is ordered to submit to drug patch testing fails to comply with the requirements of the 24/7 sobriety program if the participant:

(a) fails to appear for a scheduled patch installation or removal;

(b) receives a positive test result after laboratory analysis of the patch; or

(6) In addition to the noncompliant events in (1), a participant who is ordered to submit to urinalysis testing or saliva testing fails to comply with the requirements of the 24/7 sobriety program if the participant:

(a) fails to report to the testing location at a scheduled testing time;

(b) reports to the testing site but refuses or is unable to provide an initial sample or a confirmatory sample for analysis;

(d) fails a confirmatory test;

(e) admits use of a prohibited substance; or

(f) adulterates or otherwise tampers with a sample.

History

Authorizing statute(s): 44-4-1204, MCA
Implementing statute(s): 44-4-1203, 44-4-1204, MCA
History: NEW, 2020 MAR p. 2407, Eff. 12/25/20.

Subchapter 23.18.4 Expert Witness Fees

Mont. Admin. R. 23.18.401 County Reimbursement for Expert Witness Fees

(1) The Department of Justice has been appropriated funds to reimburse counties for expert witness expenses in certain criminal proceedings.

(2) The funds shall be used to compensate expert witnesses in felony charges filed under Title 45, chapter 5, parts 1 or 5, MCA, except in cases for which the death penalty is being sought by the prosecution and when the witness fees and expenses must be paid by the office of court administrator as provided in 3-5-901, MCA.

(3) County attorneys shall submit a request for reimbursement to the attorney general by April 1 of each year for reimbursement of these expert witness expenses on a form prescribed by the Department of Justice.

(4) The attorney general shall make reimbursement determinations based on the following conditions:

(a) $5,000 shall be reserved for each county with a population of 30,000 or more based on the most recent census data;

(b) the remaining balance shall be appropriated to counties with a population less than 30,000 based on the most recent census data; and

(5) The attorney general shall make reimbursement determinations by May 1 of each year.

(6) Should there be unused funds, the Department of Justice at its discretion may reimburse counties for other civil and criminal cases.

History

Authorizing statute(s): 26-2-506, MCA
Implementing statute(s): 26-2-506, MCA
History: NEW, 2024 MAR p. 609, Eff. 3/23/24.

Chapter 23.19 Consumer Protection Office

Subchapter 23.19.1 Unlawful Acts or Practices

Mont. Admin. R. 23.19.101 Unlawful Acts or Practices

(1) A person engages in unfair or deceptive and therefore unlawful acts or practices when, in the conduct of any trade or commerce, he:

(a) represents that merchandise is of a particular make or brand, when it is on another;

(b) makes a false representation as to the source, sponsorship, approval, or certification of merchandise;

(d) makes a false representation or designation of the geographic origin of merchandise;

(e) makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of merchandise, or a false representation as to the sponsorship, approval, status, affiliation, or connection of a person therewith;

(f) represents that merchandise is original or new if he knows or should have known that it is reconditioned, reclaimed, used or secondhand;

(g) represents that merchandise is of a particular standard, style, or model, if it is of another;

(h) advertises merchandise with intent not to sell it as advertised;

(i) advertises merchandise with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(j) advertises under the guise of offering employment opportunities when in fact the purpose is to sell merchandise to the applicants;

(k) makes false and misleading statements of fact concerning the price of merchandise or the reason for existence of, or amounts of a price reduction;

(l) states that a transaction involves rights, remedies or obligations that it does not involve; or

(m) employs "bait and switch" advertising which is an alluring but insincere offer to sell a product of service which the advertiser in truth does not intend or want to sell. Its purpose is to switch consumers from buying the advertised merchandise, in order to sell something else, usually at a higher price or on a basis more advantageous to the advertiser. Said advertising is generally accompanied by one or more of the following practices:

(i) the refusal to show, demonstrate, or sell the product offered in accordance with the terms of the offer;

(ii) misleading disparagement in any respect of the advertised merchandise or the terms of sale;

(iii) requiring undisclosed tie-in sales or other undisclosed conditions to be met prior to selling the advertised merchandise;

(iv) refusal to take orders for the merchandise advertised or falsely claiming that said merchandise cannot be delivered at the same price within reasonable time;

(v) showing or demonstrating defective merchandise which the seller knows or should have known is unusable or impracticable for the purpose set forth in the advertisement;

(vi) accepting a deposit for the merchandise and subsequently charging the buyer for a higher priced item unless requested to do so by the buyer; or

(vii) failure without good cause to either make deliveries of the merchandise within a reasonable time or to make a refund therefore upon the request of the purchaser.

NOTE: Sales of the advertised merchandise do not preclude the existence of a bait and switch scheme. Even though the true facts are subsequently made known to the buyer, the law is violated if the first contact or interview is secured by deception.

(n) fails to disclose in all advertising or other promotional material, the legal name of the company and the complete street address from which the business is actually conducted;

(o) fails to disclose all of the conditions relating to "free" or similar offers. When making "free" or similar offers, all the terms, conditions and obligations upon which receipt and retention of the "free" items are contingent must be set forth clearly and conspicuously at the outset of the offer so as to leave no reasonable probability that the terms of the offer might be misunderstood.

NOTE: A more complete statement of this rule is found at 16 CFR 251.

(p) employs deceptive pricing practices. Said practices generally involve advertising for sale or selling merchandise at a "bargain" price and may be characterized by the following:

(i) offering merchandise at a reduction from the advertiser's own former price when in fact the former price is not the actual, bona fide price at which the article was offered to the public on regular basis for a reasonably substantial period of time;

(ii) offering goods at prices lower than those being charged by others for the same merchandise in the advertiser's trade area when, in fact, the higher price he advertises exceeds the price at which substantial sales of the article are being made in the area;

(iii) offering additional merchandise to be given to a customer on the condition that he purchase a particular article at the price usually offered by the advertiser where the seller, in making such an offer, increases his regular price of the article required to be bought, or decreases the quantity and quality of that article, or otherwise attached conditions (other than the basic condition that the article be purchased in order for the purchaser to be entitled to the "free" or "1 cent" additional merchandise) .

NOTE: The practices covered in this section on deceptive pricing set forth the most common forms of bargain advertising and sale. A more complete list is provided by 16 CFR 233.

(2) This rule lists only some of the acts or practices considered unlawful under 30-14-103 , MCA, and is not intended to be exhaustive of all possible violations thereunder. A more complete list of unfair or deceptive acts or practices in the conduct of any trade or business is provided by the interpretations of the Federal Trade Commission and the federal courts relating to section 5(a) (1) of the Federal Trade Commission Act (15 USC, 45(a) (1) ) as amended.

History

Authorizing statute(s): 30-14-104, MCA
Implementing statute(s): 30-14-104, MCA
History: NEW, Eff. 1/5/74; AMD, Eff. 3/8/74; AMD, Eff. 8/5/76; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Subchapter 23.19.2 Motor Vehicles, Sales, Repairs, Maintenance, and Service

Mont. Admin. R. 23.19.201 Definitions

The following terms shall, unless the context otherwise indicates, have the following meanings for the purposes of this subchapter:

(1) "Motor vehicle" or "vehicle" as used in this subchapter, refers to all types included in the statutory definition appearing at 61-1-102 (7) , MCA, and/or subject to registration under Title 61, MCA;

(2) "Motor vehicle repair business" means any person who, for compensation, engages in the trade or commerce of repairing, servicing or maintaining motor vehicles owned by other persons. The term includes, but is not limited to, new and used motor vehicle dealers, garages, service stations, self-employed individuals, truck stops, paint and body shops, brake, muffler or transmission shops, shops doing upholstery or glass work and other specialty shops;

(3) "Customer" means a person who purchases a vehicle or service for a vehicle, and includes a customer's designated agent, which shall be presumed to be the driver of a vehicle to be repaired;

(4) "Motor vehicle dealer" means every individual, corporation, partnership or other business enterprise engaged in the trade or commerce of buying, selling or exchanging new or used motor vehicles, and who may hold a sales and service selling agreement from a manufacturer or distributor of motor vehicles, and who has an established place of business in the state of Montana.

History

Authorizing statute(s): 30-14-104, MCA
Implementing statute(s): 30-14-104, MCA
History: NEW, Eff. 2/5/76; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.202 Repairs, Estimates, and Invoices

(1) It shall be an unfair or deceptive act or practice for a motor vehicle repair business to:

(a) accept a motor vehicle for repair without furnishing the customer, upon request, a written estimate for repairs, maintenance or service on a motor vehicle in excess of $50. A reasonable charge, which shall be disclosed on the written estimate, may be made for labor and diagnostic work actually performed in arriving at the estimate.

(i) If a written estimate is requested, the motor vehicle repair business shall give to the customer a written, estimated price for labor, parts necessary for the specific job, storage costs (if any) and the approximate date of work completion. A motor vehicle repair business shall not charge for labor done and/or parts supplied in excess of 10% or $25, whichever is greater, above the estimated price without the oral or written consent of the customer. That consent shall be obtained after it is determined that the estimated price is insufficient, and before work not estimated is done or parts not estimated are supplied.

(ii) The motor vehicle repair business shall have a reasonable time to prepare the written estimate which, after submission to the customer, shall be valid for no more than five days. A lesser period of validity may be designated, if that limitation appears on the written estimate.

(iii) Nothing in this subsection shall be construed as requiring a motor vehicle repair business to give a written, estimated price if that business does not agree to perform the requested repair or if no charge is to be made for repair work.

(b) fail to provide the customer an invoice showing all labor and materials. All work done by a motor vehicle repair business, except work done under a dealer or manufacturer warranty when the customer has no monetary obligations, shall be recorded on an invoice, which shall describe all service work done and parts supplied. If any used, rebuilt or reconditioned parts are supplied, then the invoice shall clearly state that fact, except such parts that have been remanufactured and carry a new part warranty. One copy shall be given to the customer and one copy shall be retained by the motor vehicle repair business for a period of at least 90 days.

(c) upon request of the customer at the time the work order is taken, the motor vehicle repair business fails to return replaced parts to the customer at the time of the completion of the work, excepting such parts as may be impracticable because of size, weight or other similar factors. If replaced parts must be returned to the manufacturer, distributor or other supplier under a warranty arrangement or exchange parts program, then the motor vehicle repair business shall show such parts to the customer if the customer was advised of the option to observe the parts and requested such showing at the time the work order was taken. However, the motor vehicle repair business shall not be required to show a replaced part when no charge is being made for the replacement part.

History

Authorizing statute(s): 30-14-104, MCA
Implementing statute(s): 30-14-104, MCA
History: NEW, Eff. 2/5/76; AMD, 1996 MAR p. 2284, Eff. 8/23/96; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.203 Repairs and Services

It shall be an unfair or deceptive act or practice for a motor vehicle repair business to:

(1) fail to honor his agreement with a customer to repair the customer's motor vehicle as represented in the written estimate;

(2) make or charge for repairs which have not been expressly authorized by the customer;

(3) represent that repairs have been made when such is not a fact;

(4) represent that certain parts and repairs are necessary to repair the vehicle when such is not a fact;

(5) represent that the vehicle being inspected or diagnosed is in a dangerous condition or that the customer's continued use of the vehicle may be harmful to him or cause great damage to the vehicle when such is not a fact;

(6) fraudulently alter or misuse any customer's credit card, contract, estimate, invoice or other document;

(7) make or authorize any statement written or oral which is known, or with reasonable care should be known, to be deceptive or misleading;

(8) make false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service or maintenance of a motor vehicle;

(9) engage in any other unfair or deceptive acts or practices.

History

Authorizing statute(s): 30-14-104, MCA
Implementing statute(s): 30-14-104, MCA
History: Eff. 2/5/76; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.204 Motor Vehicle Sales

It shall be an unfair or deceptive act or practice for a motor vehicle dealer to:

(1) represent, either directly or indirectly, that any motor vehicle advertised or sold is an "executive vehicle" unless the vehicle has been used exclusively by its manufacturer, its distributor or a dealer for the commercial or personal use of the manufacturer's, subsidiary's, or dealer's employees;

(2) represent either directly or indirectly that certain motor vehicles advertised or sold by the dealer are "demonstrators" or "demos" unless such vehicles have been driven by prospective customers of that or another dealership selling the vehicles;

(3) represent the previous usage or status of a motor vehicle to be something that, in fact, it was not; or make such representations unless the dealer has sufficient information to support the representations;

(4) represent the quality of care, regularity of servicing or general condition of any motor vehicle unless supportable by material fact;

(5) represent that a motor vehicle has not sustained substantial structural or skin damage unless such statement is made in good faith and unless such vehicle has been inspected by the dealer, his agent or representative to determine whether or not such vehicle has incurred such damage in the past;

(6) fail to fully and conspicuously disclose in writing at or before the consummation of sale any warranty or guarantee terms, obligations and conditions that the dealer or manufacturer has given to the buyer of the motor vehicle. If the warranty obligations are to be shared by both the dealer and the buyer, then the method of determining the percentage of monetary repair costs to be assumed by both parties shall also be disclosed. If the dealer intends to disclaim any expressed or implied warranties, then he shall make such disclaimer in writing in a conspicuous manner;

(7) fail to honor his expressed warranty agreement or any warranties implied by law;

(8) misrepresent warranty coverage, application period, any warranty transfer costs to the customer or conditions which are given by the dealer, factory or other party;

(9) obtain signatures from customers on contracts which are not fully completed at the time signed, or which do not reflect accurately the negotiations and agreement between the customer and the dealer;

(10) require or accept a deposit from a prospective customer prior to entering into a mutually binding valid contract for the purchase and sale of a motor vehicle unless the customer is given a written receipt which states how long the dealer will hold the motor vehicle from other sale, the amount of the deposit, and clearly and conspicuously states whether the deposit is refundable or nonrefundable and upon what conditions;

(11) add to the cash price of the motor vehicle a fee for routine handling of documents and forms essential to the transfer or ownership to customers, or a fee for any other ordinary and customary business overhead expense (otherwise known as a "documentary fee") unless that fee is fully disclosed to customers in all mutually binding valid contracts concerning the motor vehicle's selling price;

(12) alter or change the odometer mileage of the motor vehicle;

(13) fail to disclose to any customers the actual year model of the motor vehicle;

(14) fail to transfer title to a vehicle as soon as is reasonably possible after sale of the vehicle to a customer;

(15) fail to disclose to a customer, in writing, at or prior to the time of sale, that taxes, if any, are due and owing on the vehicle to be sold; or

(16) engage in any unfair or deceptive acts or practices.

History

Authorizing statute(s): 30-14-104, MCA
Implementing statute(s): 30-14-104, MCA
History: Eff. 2/5/76; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Subchapter 23.19.3 Consumer Reporting Agencies

Mont. Admin. R. 23.19.301 Disclosure Fees

(1) A consumer reporting agency shall make all disclosures pursuant to 31-3-122 , MCA, without charge to the consumer, if the consumer makes a request under 31-3-122 , MCA, within 30 days of receiving either:

(a) notification under 31-3-133 , MCA, that credit is being denied or provided at an increased cost; or

(b) notification that the consumer's credit rating may be or has been adversely affected. Otherwise, the consumer reporting agency shall charge the consumer no more that $8.50 for making disclosure to such consumer pursuant to 31-3-122 , MCA, the charge for which shall be indicated to the consumer prior to making disclosure. No charge may be made for notifying users of deletion of information found to be verified as required by 31-3-124 , MCA.

History

Authorizing statute(s): 31-3-125, 31-3-153, MCA
Implementing statute(s): 31-3-125, 31-3-153, MCA
History: NEW, Eff. 10/6/75; AMD, 1991 MAR p. 739, Eff. 5/17/91; AMD, 1996 MAR p. 2284, Eff. 8/23/96; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Subchapter 23.19.4 New Motor Vehicle Warranty Rules

Mont. Admin. R. 23.19.401 Definitions

(1) "Department" means the Montana Department of Justice.

(2) "Panel" means a three-member arbitration panel.

(3) Reference to "days" as a time for the performance of any act under this chapter shall mean calendar days, unless otherwise specified.

(4) "Manufacturer" includes a designee of the manufacturer.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-515, 61-4-516, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.402 Correspondence

(1) All communications, applications, filings, complaints or other matters shall be directed to the Administrator, New Vehicle Warranties, Consumer Protection Office, Department of Justice, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-515, 61-4-517, 61-4-518, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.403 Procedures Adopted

(1) The procedural rules adopted by the department shall be in effect, except as may be inconsistent with the statutory provisions for procedure applying herein.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-515, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.404 Manufacturer's Informal Dispute Settlement Procedure - Certification

(1) Manufacturers may apply for certification of an informal dispute settlement procedure or any amendment to a certified procedure.

(2) The application shall be made to the department and be accompanied by a fee of $500, which shall be used to cover the cost of review and investigation.

(3) Expenditures of the fee shall be accounted for by the department and the balance not expended shall be refunded to the manufacturer within a reasonable time following final order by the department.

(4) The department shall have 90 days to complete the review and grant or deny the certification of any procedure submitted.

(5) Certification shall be issued after investigation and review if the procedure is in compliance with the applicable statutes and administrative rules.

(6) A certified procedure shall remain certified unless the certification is revoked.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-511, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.405 Manufacturer's Informal Dispute Settlement Procedure - Audit

(1) Manufacturers shall file an annual audit with the department.

(2) The audit shall be based on the calendar year and shall be filed by October 20th following the year for which the audit applies.

(3) Manufacturers shall include in the annual audit, the following information:

(a) all information otherwise required by statute or rule;

(b) the names, addresses and phone numbers of all Montana residents who have notified the manufacturer that a new vehicle does not conform to all applicable warranties, including:

(i) the date such notification was made;

(ii) the identity by year, make and model of the vehicle to which the nonconformity was asserted;

(iii) the nature of the nonconformity asserted; and

(iv) the date and nature of the final action taken by the manufacturer.

(i) the number of notices of nonconformity received;

(ii) the number of notices denied; and

(iii) the number of refunds, replacements and other corrective actions taken.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-512, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.406 Department's Dispute Resolution Procedure - When Available to Consumer

(1) The department's dispute resolution procedure shall be available to the consumer in the following cases:

(a) in the event that a manufacturer has not established an informal dispute resolution procedure which has been certified by the department; and

(b) de novo, by appeal from a decision following the manufacturer's dispute settlement procedure when such procedure does not conform to procedures established by a manufacturer pursuant to 61-4-511 , MCA, and the consumer has been injured thereby.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-507, 61-4-515, 61-4-520, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.407 Arbitration Panels

(1) An arbitration panel shall consist of three volunteer members. The consumer shall choose one member, the manufacturer shall choose one member and both parties shall choose one member by mutual agreement, from a list maintained by the department of persons willing to serve on arbitration panels.

(2) Prior to an arbitration hearing, the arbitration panel shall designate one of its members to serve as chairperson for the duration of the case to which that arbitration panel has been assigned.

(3) A list of persons willing to serve on arbitration panels shall be maintained by the department and shall include the following information:

(a) the name of the person;

(b) the address and phone number of the person;

(d) any other information that the department may determine is necessary.

(4) The list of persons willing to serve on arbitration panels shall be made available to the consumer and the manufacturer upon request.

(5) Arbitration volunteers shall undergo arbitration training as established by the department. Training shall include procedural techniques, the duties and responsibilities of arbitrators and the principles, specific provisions and implementation of Title 61, chapter 4, part 5, MCA.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-515, 61-4-517, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.408 Powers and Duties of Arbitrators

(1) Arbitrators shall have the duty to appoint a time and place of hearing at a convenient location in the state of Montana and provide reasonable notice to the manufacturer and consumer of such time and place, to conduct fair and impartial hearings, to take all necessary actions to avoid delay in the disposition of proceedings, to maintain order and to render a final decision no later than 60 days after the department has accepted a request for arbitration. The decision must comply with Title 61, chapter 4, part 5 and Title 27, chapter 5, MCA. The arbitrators shall have all powers necessary to meet these ends including, but not limited to, the following:

(a) to consider any and all evidence offered by the parties which the panel deems necessary to an understanding and determination of the dispute;

(b) to request the department to issue subpoenas to compel the attendance of witnesses and the production of documents, papers and records relevant to the dispute;

(c) to request the department to forward a copy of all written testimony and documentary evidence to an independent technical expert certified by the national institute of automotive excellence, to consult with the technical expert as necessary and to request the technical expert to sit as a nonvoting member of the arbitration panel during presentation of oral testimony;

(d) to regulate the course of the hearings and the conduct of the parties and their counsel therein;

(e) to hold conferences for simplification of the issues or for other purposes;

(f) to schedule vehicle inspections, if deemed necessary, at such facility as the arbitrators determine;

(g) to continue the arbitration hearing to a subsequent date if a party requests a continuance before hearing, or at the initial hearing or if the panel determines that additional information is necessary in order for the panel to render a fair and accurate decision. A continuance shall be held within five days of the initial hearing;

(h) to reopen the hearing at will or upon motion of either party for good cause shown at any time before the decision is rendered; and

(i) to permit a deposition to be taken of a witness who cannot be subpoenaed or is unable to attend the hearing upon the application of a party and for use as evidence, in the manner and upon the terms designated by the arbitrators.

(2) Arbitrators shall maintain their impartiality throughout the course of the arbitration proceedings.

(3) An arbitrator shall not be assigned to an arbitration panel if he or she has any relationship to either party to the dispute to be decided by that panel.

(4) There shall be no direct communication between the parties and the arbitrators other than at the oral hearing. Any other oral or written communications between the parties and the arbitrators shall be channeled through the department for transmittal to the appropriate individual(s) . Any such prohibited contact shall be reported by the arbitrators to the department and noted in the case record.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-515, 61-4-518, 61-4-519, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.409 Consumer's Request for Arbitration

(1) The consumer shall file a request for arbitration on a form prescribed by the department along with a filing fee of $50. The fee shall be refunded if the department determines the request for arbitration does not allege a warranty violation. The date of the receipt by the department of the completed form and fee shall be considered the filing date of the request.

(2) The consumer shall be required to provide the information relevant to the resolution of the dispute on the request for arbitration form. The information shall include, but not be limited to, the following:

(a) the name, address and telephone number of the consumer;

(b) the name, address and telephone number of the consumer's legal counsel, if applicable and known;

(c) vehicle information, including the date of purchase and date of delivery of the vehicle, the make, model and manufacturer of the vehicle, the vehicle identification number, present mileage and whether the vehicle was new or used at the time of purchase;

(d) all financial information related to the purchase and/or nonconformity(ies) ;

(e) the name and address of the selling dealership;

(f) the name and address of the servicing dealership(s) or facility(ies) ;

(g) information regarding the nonconformity(ies) , including:

(i) the nature of the nonconformity(ies) ;

(ii) the date and mileage when the nonconformity(ies) first occurred;

(iii) the date the nonconformity(ies) was (were) first reported to the dealer or manufacturer;

(iv) the dealer or manufacturer;

(v) the mileage when the nonconformity(ies) was (were) so reported;

(vi) the dates on which the car was at the dealership for repair;

(vii) the total number of days the vehicle was at the dealership by reason of repair since the purchase date; and

(viii) the circumstances concerning any refusal of service by the dealer, if applicable.

(h) name(s) , date(s) and the natur e of any and all oral or written communication with the manufacturer, selling or servicing dealership(s) or facility regarding the dispute;

(i) a statement regarding the consumer's assessment of what actions would constitute a fair resolution of the dispute;

(j) a statement regarding the consumer chosen form of arbitration hearing, whether oral or documentary;

(k) a copy of any and all warranties, including extended warranties, sales contracts and other relevant documents;

(l) copies of any and all correspondence between the consumer and the manufacturer or its representative(s) , if available; and

(m) copies of any and all service orders.

(3) The consumer's request for arbitration shall further include an agreement to arbitrate, which shall be signed by the consumer.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-515, 61-4-517, MCA
History: NEW, 1998 MAR p. 930, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.410 Manufacturer's Statement

(1) The department shall require a manufacturer, on a form prescribed by the department, to provide information relevant to the resolution of the dispute along with a filing fee of $250 within 15 days from the date of the manufacturer's receipt of the certified notice of the dispute. The information shall include, but not be limited to, the following:

(a) the name of the selling dealership;

(b) the name of the servicing dealership(s) or facility(ies) ;

(d) the vehicle identification number;

(e) dates and nature of service provided by the servicing dealership(s) or facility(ies) and the total number of days the vehicle was at the dealership or facility for service since the date of delivery;

(f) a statement regarding all repair attempts including the name, title and business address of any person(s) performing such repairs and dates thereof;

(g) a statement regarding the manufacturer's assessment of what action(s) would constitute a fair resolution of the dispute;

(h) copies of any and all service orders for the vehicle;

(i) copies of any and all correspondence between the consumer and the manufacturer or its representative(s) ;

(j) a copy of any and all warranties including extended warranties, sales contracts and other relevant documents; and

(k) all affirmative defenses asserted by the manufacturer.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-517, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.411 Consumer Appeals Process

(1) If a consumer has proceeded through a manufacturer's certified dispute settlement program and contends that he or she was injured by the operation of any procedure that does not conform to procedures established pursuant to 61-4-511 , MCA, and the provisions of Title 16, Code of Federal Regulations, part 703, as in effect as of October 1, 1983, he or she may request arbitration de novo by a department arbitration panel.

(2) When filing a request for arbitration de novo with the department, the consumer shall include a copy of the decision rendered by a manufacturer's dispute settlement procedure and all other relevant documentation.

(3) The form for arbitration de novo shall be identical to that used for an original request for arbitration.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-520, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.412 Notification of Parties and Arbitrators

(1) The department shall notify the consumer of the department's acceptance or rejection of his or her request for arbitration.

(2) If the department accepts a request for arbitration, the department shall notify the manufacturer, by certified mail, of the filing of the request for arbitration.

(3) The department shall enclose with the notification a manufacturer's statement form and require the manufacturer to return the form within 15 days of receipt, with a filing fee of $250.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-517, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.413 Representation by an Attorney

(1) Any party to an oral arbitration hearing has the right to be represented by an attorney.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 27-5-214, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.414 Conduct of Oral Arbitration Hearings

(1) Upon receipt of the manufacturer's statement and filing fee, the department shall forward copies of the consumer's request for arbitration and the manufacturer's statement to the appointed arbitrators at lease five days prior to the scheduled hearing date.

(2) Each party at an oral arbitration hearing shall have the right to present evidence, cross-examine witnesses, enter objections and assert all other rights essential to a fair hearing.

(3) The chairperson of the arbitration panel shall preside at the arbitration hearing and shall require all witnesses to testify under oath or affirm that their statements are true to the best of their knowledge.

(4) The hearing shall be opened by the recording of the place, time and date, the identities of the arbitrators and parties and counsel, if any.

(5) The consumer shall then present his or her testimony and witnesses, who shall submit to questions by the opposing party and/or the arbitrators.

(6) The manufacturer shall then present its testimony and witnesses, who shall submit to questions by the opposing party and/or the arbitrators.

(7) If good cause is shown, the arbitrators may, at their discretion, vary these procedures. Any variance shall afford full and equal opportunity to all for the presentation of any material or relevant proofs and for the ensurance of all essential rights to a fair hearing.

(8) Exhibits offered by either party may be received in evidence. The names and addresses of all witnesses and exhibits in the order received shall be made a part of the record. The parties may offer such evidence as they desire and shall produce whatever additional evidence the arbitrators may deem necessary to an understanding and determination of the dispute. The arbitrators shall evaluate the relevancy and materiality of the evidence offered by both parties. The arbitration panel shall not be bound by the rules of evidence.

(9) The arbitrators may receive and consider evidence of witnesses not present at the hearing by affidavit, and give it such weight as the arbitrators deem appropriate, after considering any objections made to its submission.

(10) All documents requested by either party, if deemed relevant by the arbitrators, and all documents not filed at the time of the hearing but requested by arbitrators shall be submitted to the department by a specified date and transmitted to the arbitrators in a timely fashion and in no event later than five days prior to the date set for a decision. All parties shall be given an opportunity to examine or request copies of such documents.

(11) The arbitrators may schedule vehicle inspections, if deemed necessary.

(12) The hearing generally shall be completed within one session unless the arbitrators, for good cause and time permitting, schedule any additional hearing(s) . After the arbitrators are satisfied that the presentations are complete, the chairperson of the panel shall declare the hearings closed.

(13) The hearings may be reopened by the arbitrators at will or upon motion of either party for good cause shown at any time before the decision or award is made.

(14) The arbitrators shall, after any necessary consultations among themselves or with a technical expert, render a decision not later than 60 days after the date the department has accepted the consumer's request for arbitration.

(15) Oral arbitration hearings shall be recorded.

(16) At the close of the arbitration hearing, either party may file a request for a written transcript of the proceedings. The party making the request shall be responsible for transcription costs. Any party requesting a copy of the transcript shall be charged for the cost of reproduction. If no request is filed, the department may order that a written transcript be prepared.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 27-5-213, 61-4-515, 61-4-519, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.415 Conduct of Documentary Arbitration Hearings

(1) If the consumer elects a documentary arbitration procedure, the department shall gather and disseminate all documentary information and evidence in accordance with the following procedures:

(a) the department shall notify the consumer by certified mail that he or she must submit a sworn or affirmed statement as to the facts of the dispute and any evidence which he or she wishes the panel to consider. The consumer shall forward the documentation to the department within 15 days from the date of his or her receipt of the certified notice;

(b) the department shall notify the manufacturer of the dispute by certified mail. The department shall enclose, with a notice, a copy of the consumer's request for arbitration and a manufacturer's statement form. The manufacturer shall submit a sworn or affirmed statement as to the facts of the dispute, any evidence the manufacturer wishes the panel to consider and a $250 filing fee to the department within 15 days from the date of the manufacturer's receipt of the certified notice; and

(c) upon receipt of both the consumer's and manufacturer's sworn or affirmed statements and documentary evidence, the department shall, by certified mail, forward copies of the consumer's submissions to the manufacturer and forward copies of the manufacturer's submissions to the consumer.

(2) Each party shall have the opportunity to respond to the opposing party's submissions. Each party shall submit a response in writing to the department within 10 days from the date of the responding party's receipt of the opposing party's submissions.

(3) The department shall forward copies of all submitted documents and responses thereto to the arbitrators at least five days prior to the scheduled hearing date.

(4) At the documentary hearing, the arbitration panel shall:

(a) review all documents and statements;

(b) consult with a technical expert, as necessary;

(c) seek further information or documents of either or both parties through the department and request that, upon receipt, the department forward all copies of said information to the opposing party, arbitration panel and technical expert assigned to the case; and

(d) schedule vehicle inspections, if deemed necessary.

(5) All evidence and statements received by the department panel shall be considered part of the record.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-517, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.416 Pre-Decision Settlement of Dispute

(1) One or both of the parties shall notify the department if, through outside mediation efforts, the dispute is settled at any time after the filing date and before the decision is rendered. The department shall thereupon verify the terms of the settlement and the date for performance to which the parties have agreed, if applicable. The consumer shall notify the department if compliance has not occurred by the agreed date, and the arbitration process shall recommence at the point within the 60-day time frame at which it had been interrupted by the notification to the department of the pre-decision settlement.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-519, 61-4-526, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.417 Record Keeping

(1) The department shall maintain records of each dispute, which shall include:

(a) the name, address and telephone number of the consumer;

(b) the name, address, telephone number and contact person of the manufacturer;

(d) the filing date of the dispute, the date on which the arbitration decision was rendered and the date of the official notification to all parties of the decision;

(e) all correspondence or other written documents submitted by both parties;

(f) all other evidence collected by the department relating to the dispute;

(g) a transcript or tape recording of all oral arbitration hearings;

(h) the decision of the department panel, including information as to the time, date and place of the arbitration hearing and the identities of the voting arbitrators;

(i) a copy of the official written notice to the parties of the decision;

(j) a record of the follow-up contact to the consumer and the response thereto; and

(k) copies of any and all other documents, notated telephone conversations or other communications relevant to the dispute.

(2) The department shall maintain an index of each manufacturer's disputes grouped under brand name and subgrouped under model.

(3) The department shall maintain an index for each manufacturer which shall indicate:

(a) all disputes in which the arbitration decision was in favor of the manufacturer;

(b) all disputes in which the manufacturer has complied with the arbitrator decision by the date set for performance, if applicable;

(d) all disputes resolved by pre-decision settlement, time for compliance has occurred and manufacturer has complied; and

(e) all disputes resolved by pre-decision settlement, time for compliance has occurred and manufacturer has not complied.

(4) The department shall maintain an index of all disputes delayed beyond 60 days, noting specific causes for any such delay.

(5) The department shall compile semi-annually and maintain statistics which show the number and percentage of disputes in each of the following categories:

(a) telephone and written complaints received from consumers;

(b) complaints referred to arbitration;

(d) cases decided by arbitration panels and the manufacturer has complied;

(e) cases decided by arbitration panels in which time for compliance has occurred and manufacturer has not complied;

(f) cases decided by arbitration panels in which time for compliance has not occurred;

(g) cases adversely decided for the consumer;

(h) cases decided by arbitration panels in which partial recovery was awarded to the consumer;

(i) cases in which a full refund was awarded to the consumer;

(j) cases in which a replacement vehicle satisfactory to the consumer was awarded;

(k) cases resolved by pre-decision settlement, time for compliance has occurred and manufacturer has complied;

(l) cases resolved by pre-decision settlement, time for compliance has occurred and manufacturer has not complied;

(m) cases resolved by pre-decision settlement and time for compliance has not occurred;

(n) cases in which the decision is pending;

(o) cases in which the consumer accepted the decision;

(p) cases in which the consumer rejected the decision; and

(q) cases in which requests were made for copies of records for submission to court.

(6) The department shall file a copy of the semi-annual statistical summary with the Montana Department of Justice for consideration in determining the issuance of any manufacturer license required under Title 61, chapter 4, part 2, MCA.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-518, 61-4-526, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.418 Notice of Arbitration Decision

(1) The arbitration panel shall render its decision within 60 days following the initial filing date of the consumer's request for arbitration. The decision shall be rendered by an agreement of the majority of the arbitrators.

(2) The department shall send the consumer and manufacturer official written notice of the arbitration decision by certified mail.

(3) The panel chairperson shall draft the decision and shall obtain the signatures of the majority of arbitrators. In the event that the chairperson dissents from the majority decision, he or she shall designate one of the agreeing arbitrators to write the decision. The department shall forward copies of the decision to all parties and arbitrators.

(4) The effective date of the decision shall be the date the written decision is signed by the panel chairperson or his or her designated representative.

(5) The arbitration decision shall contain the following:

(a) the panel's findings of fact and the reasons for its decision;

(b) appropriate remedies, if applicable, including but not limited to:

(i) repair of vehicle;

(ii) replacement of the vehicle with an identical vehicle or a comparable vehicle acceptable to the consumer;

(iii) refund as provided in 61-4-503 (2) , MCA;

(iv) any other remedy available under the applicable warranties or 15 USC 2301 through 2313 in effect on October 1, 1983; and

(v) reimbursement of expenses and costs to the prevailing party.

(6) Included with the copy of the arbitration decision sent to the consumer shall be a form to be completed by the consumer, indicating his or her acceptance or rejection of the decision. The consumer shall return the form to the department within 10 days from the date of the consumer's receipt of the notice. If the decision is not accepted, the parties shall follow the provisions of Title 27, chapter 5, MCA.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-519, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.419 Post-Performance Date Contact

(1) If the arbitration decision is in the favor of the consumer and requires some performance by the manufacturer, the department shall contact the consumer within 10 days following the date scheduled for performance of the arbitration award either by telephone or by mail to determine whether performance has occurred.

(2) If the consumer anticipates that the department either will be unable to contact or will encounter difficulties in contacting him or her at this time, he or she shall so notify the department at the time of the arbitration hearing. An alternative means or date for confirming performance shall then be determined by the department and the consumer.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-519, MCA
History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.420 Notice of Resale of Returned Vehicle

(1) If a motor vehicle is returned to the manufacturer and requires replacement or refund, then the returned vehicle may not be sold in the state unless the seller provides the ultimate consumer a conspicuous written disclosure of the fact that the vehicle was returned. The seller shall give the ultimate consumer opportunity to review the disclosure form in its entirety and shall obtain on the form the ultimate consumer's signature.

History

Authorizing statute(s): 61-4-532, MCA
Implementing statute(s): 61-4-525, MCA
History: NEW, 1998 MAR p. 2476, Eff. 9/11/98; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Subchapter 23.19.5 Telemarketing

Mont. Admin. R. 23.19.501 Definitions

In addition to the terms defined in 30-14-1403 , MCA, the following terms shall, unless the context otherwise indicates, have the following meanings for the purposes of this subchapter:

(1) "Act" means the Montana Telemarketing Registration and Fraud Prevention Act as set forth in Title 30, chapter 14, part 14, MCA.

(2) "Applicant" means a nonexempt seller or telemarketer applying for registration or renewal with the department.

(3) "Financial responsibility" means surety bond, certificate of deposit, cash or a government bond in the amount of $50,000.

(4) "Manager" means a person who supervises the work of a telemarketer or seller.

(5) "Nonexempt seller or telemarketer" means a seller or telemarketer as defined in 30-14-1403 , MCA, who pursuant to 30-14-1405 , MCA, is not exempt from the registration and bonding requirement of 30-14-1404 , MCA.

(6) "Principal" means:

(a) an owner;

(b) an officer of a corporation or limited liability company;

(d) a sole proprietor of a sole proprietorship;

(e) a partner of a limited liability partnership;

(f) a trustee of a trust; or

(g) any other individual who controls, manages or supervises a telephone sales or operation.

(7) "Registrant" means the nonexempt seller or telemarketer registered with the department to conduct telemarketing operations in Montana.

History

Authorizing statute(s): 30-14-1402, MCA
Implementing statute(s): 30-14-1402, 30-14-1403, MCA
History: NEW, 2000 MAR p. 1501, Eff. 6/16/00; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.502 Forms and Procedures for Initial Registration and Bonding

(1) Prior to conducting telemarketing business in the state of Montana, the applicant must have a Montana certificate of registration.

(2) Application for an initial certificate of registration shall be made to the department on the forms prescribed by the department and accompanied by:

(a) a surety bond in the penal sum of $50,000; or

(b) certificate of deposit, cash or a government bond in the amount of $50,000.

(3) A surety bond application shall be submitted on a form prescribed by the department.

(4) The certificate of deposit and government bond shall name the department as owner.

(5) The applicant shall designate a registered agent with the Montana Secretary of State. An agent must be designated to accept service for all legal pleadings.

(6) The department shall either approve or disapprove the application based on the completeness and accuracy of items reported. If the department denies the application, the applicant will receive a written letter from the department stating the reasons(s) for the denial.

(7) At any time during the process, the department reserves the right to deny registration based on false information provided by the applicant.

(8) The applicant shall notify the department in writing of any changes to the information provided by the applicant made since the initial or renewal application within ten working days of the change.

(9) The application form and instructions for registration for telemarketers and/or sellers not exempt from registration and bonding under 30-14-1405 , MCA, may be obtained from the Consumer Protection Office, Department of Justice, Telemarketing Section, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151.

History

Authorizing statute(s): 30-14-1402, MCA
Implementing statute(s): 30-14-1404, MCA
History: NEW, 2000 p. 1501, Eff. 6/16/00; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.503 Forms and Procedures for Registration Renewal

(1) The renewal application will be similar to the initial application and process with the following changes:

(a) Registrant shall note on the application that the surety bond, certificate of deposit, cash or government bond was submitted to the department with the initial application. Applicant will provide proof of payment with the renewal application.

(b) In the event the certificate of deposit needs to be renewed prior to one year, it will be released by the department to be renewed with the applicant's financial institution's verification. The department must be named as the owner of the certificate of deposit at all times that the telemarketer operates in Montana.

(c) Failure to fully complete the renewal application on or before December 31st will result in the renewal application being deemed null and void and the lapse of registration. All items must be completed on the renewal application. No photocopied applications from the prior year will be accepted.

(d) All signatures on the renewal application must be current and dated.

(2) All applications for the renewal of registration must be satisfactorily completed on or before December 31st of each year. The department will mail the renewal notices and accompanying renewal forms to registrants approximately two months in advance of expiration allowing time for registrant to complete the form.

(3) If the registrant does not renew, he or she must use a form attached to the application stating that he or she will cease to operate in this state as a telemarketer/seller under the Act.

(4) The registrant may cease to operate his or her telemarketing business at any time by providing the department with written notice that he or she no longer engages in telemarketing activities in the state of Montana.

(5) One year after the date the registrant ceases to operate its telemarketing business in this state, the registrant shall request in writing to the department to release its financial responsibility utilizing the form provided by the department.

(6) The registrant must complete a notarized "release of financial responsibility" form provided by the department containing an affirmative statement by the registrant that no claims exist against the telemarketing business by any person.

(7) After any and all consumer claims are resolved to the satisfaction of the department, or one year has passed since the registrant has ceased telemarketing business in the state, whichever occurs later, then the financial responsibility or portion thereof if any, will be returned to the registrant.

(8) The forms prescribed by the department may be obtained from the Consumer Protection Office, Department of Justice, Telemarketing Section, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151.

History

Authorizing statute(s): 30-14-1402, MCA
Implementing statute(s): 30-14-1404, MCA
History: NEW, 2000 MAR p. 1501, Eff. 6/16/00; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.504 Telemarketing Fraud Consumer Awareness Program

(1) The department will educate Montana senior citizens as well as other consumers by developing the telemarketing fraud consumer awareness program.

(a) The program will educate the Montana consumer through telemarketing fraud and prevention brochures and other informational material distributed by the department at public presentations and also to consumers who phone or write to the department.

(b) The program will provide statewide workshops and training seminars sponsored by the department in cooperation with local, state and national law enforcement and aging agencies to promote awareness of telemarketing fraud and prevention.

(c) Education through news releases (including newspaper, television and radio) may also be disseminated to the public to inform Montana consumers about fraudulent telemarketers operating in Montana and the manner consumers can best protect themselves from being defrauded.

History

Authorizing statute(s): 30-14-1402, MCA
Implementing statute(s): 30-14-1406, MCA
History: NEW, 2000 MAR p. 1501, Eff. 6/16/00; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.505 Civil Action Enforcement Procedure

(1) Enforcement options available to the department are set forth in 30-14-1407 , 30-14-1410 , 30-14-1411 , 30-14-1413 and 30-14-1414 , MCA.

(2) Consumer complaint forms may be obtained from the department. The department will provide these forms to consumers who have suffered a loss due to the alleged violation of the Act by any seller or telemarketer through unfair or deceptive conduct, prohibited acts or practices or abusive act or practices. The complaint form may be obtained from the Consumer Protection Office, Department of Justice, Telemarketing Section, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151. The department is unable to proceed with a consumer complaint unless the complaint form is completed and signed by the consumer or the consumer's representative with the full knowledge and consent of the consumer.

(3) Upon receipt of the completed and signed complaint, the department will request the seller or telemarketer to provide a written response to the allegations set forth by the consumer within 20 days. The response must be submitted to the department.

(4) The department may proceed with alternative dispute resolution procedures, contested case proceedings under the Montana Administrative Procedure Act, set forth under 2-4-601 , MCA or an action in district court to enjoin prohibited acts and seek remedy on behalf of state residents who have suffered a loss as a result of violation of the Act.

History

Authorizing statute(s): 30-14-1402, MCA
Implementing statute(s): 30-14-1407, 30-14-1410, 30-14-1411, 30-14-1412, 30-14-1413, MCA
History: NEW, 2000 MAR p. 1501, Eff. 6/16/00; TRANS, from Commerce, 2001 MAR p. 1176; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.506 Definitions

As used in this subchapter, the following definitions apply:

(1) "National do-not-call list" means the database of residential phone numbers designated not to be called by telemarketers as established by the Federal Trade Commission (FTC) in 16 CFR 310.

History

Authorizing statute(s): 30-14-1603, MCA
Implementing statute(s): 30-14-1603, MCA
History: NEW, 2003 MAR p. 2847, Eff. 12/25/03; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.507 State Do-Not-Call Database

(1) The department shall use the national do-not-call list as the state do-not-call database.

(2) Citizens may give notice of their objection to receiving telephone solicitations by signing up to the national do-no-call list. A citizen's notice of objection shall last five years or until their phone number is disconnected.

(3) Only the information needed by the FTC to maintain the national do-not-call list must be collected. The FTC shall specify this information.

(4) A person or entity wishing to or required to gain access to the national do-not-call list shall pay the FTC its fee for access to that part or portion of the national do-not-call list containing the numbers in the 406 area code. The department may not charge a fee.

(5) A telemarketer operating in or into Montana shall provide proof of legal access to the national do-not-call list within 10 days of the department requesting it. Failure to provide proof is a violation of 30-14-103 , MCA.

History

Authorizing statute(s): 30-14-1603, MCA
Implementing statute(s): 30-14-1603, MCA
History: NEW, 2003 MAR p. 2847, Eff. 12/25/03; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Subchapter 23.19.6 Identity Theft Passport Program

Mont. Admin. R. 23.19.601 Purpose

(1) The Attorney General administers the identity theft passport program (passport program). Passports are available for eligible victims of identity theft. The Attorney General's Office, through the Office of Victim Services will work in cooperation with local law enforcement agencies to substantiate claims of identity theft prior to issuance of a passport.

(2) As a criminal justice agency, the Attorney General's Office is authorized to receive and share confidential criminal justice information with other law enforcement agencies to implement the provisions of the passport program.

History

Authorizing statute(s): 46-24-220, MCA
Implementing statute(s): 46-24-220, MCA
History: NEW, 2005 MAR p. 2061, Eff. 10/18/05; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.602 Application

(1) To apply for an identity theft passport, a victim must:

(a) be a victim of identity theft in Montana;

(b) file a report with a Montana law enforcement agency alleging identity theft pursuant to 45-6-332 , MCA; and

(c) complete the Department of Justice's identity theft passport application. The application must, at a minimum, include:

(i) a description of the alleged identity theft;

(ii) if known by the victim, the perpetrator of the identity theft;

(iii) a detailed statement of the accounts involved;

(iv) the signature of the victim;

(v) a copy of the victim's driver's license or other official form of photo identification; and

(vi) the signature of the law enforcement agent with whom the victim filed a report.

(2) The law enforcement report and the identify theft passport application must be sent to the Office of Victim Services by the law enforcement agency where the victim filed a report. The application and report may be mailed or faxed to the Office of Victim Services, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151, fax (406) 444-9680.

(3) Incomplete or inaccurate applications will not be accepted by the passport program.

History

Authorizing statute(s): 46-24-220, MCA
Implementing statute(s): 46-24-220, MCA
History: NEW, 2005 MAR p. 2061, Eff. 10/18/05; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.603 Issuance of an Identity Theft Passport

(1) The Office of Victim Services will issue an identity theft passport if the provisions of this subchapter have been complied with and the office has a reasonable basis to conclude that the alleged identity theft occurred.

(2) Identity theft passports will not be issued if the application or report is submitted by anyone other than a Montana law enforcement agency.

(3) Each identity theft passport has a unique number printed on it along with an expiration date. The expiration date will be three years from when the card was originally issued by the department.

History

Authorizing statute(s): 46-24-220, MCA
Implementing statute(s): 46-24-220, MCA
History: NEW, 2005 MAR p. 2061, Eff. 10/28/05; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.604 Name or Address Changes

(1) If a victim who has been issued an identity theft passport changes his or her name or address, the victim shall:

(a) notify the Office of Victim Services, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151, within 30 days of the change; and

(b) return their passport to the Office of Victim Services.

(2) The Office of Victim Services will deactivate the original passport and issue the victim a new passport reflecting the victim's updated name or address.

History

Authorizing statute(s): 46-24-220, MCA
Implementing statute(s): 46-24-220, MCA
History: NEW, 2005 MAR p. 2061, Eff. 10/28/05; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.605 Lost or Stolen Passports

(1) If a victim's identity theft passport is lost or stolen the victim must:

(a) notify the Office of Victim Services; and

(b) reapply for a new passport following the procedures set forth in this subchapter.

(2) The lost or stolen passport will be deactivated by the Office of Victim Services.

History

Authorizing statute(s): 46-24-220, MCA
Implementing statute(s): 46-24-220, MCA
History: NEW, 2005 MAR p. 2061, Eff. 10/28/05; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.606 Penalty for Fraudulent Application

(1) If the Office of Victim Services determines that a victim fraudulently applied for an identity theft passport, the victim's passport will be immediately deactivated.

(2) A victim who fraudulently applies for an identity theft passport may be subject to, in addition to other penalties available under Montana law, criminal prosecution for false swearing pursuant to 45-7-202 , MCA.

History

Authorizing statute(s): 46-24-220, MCA
Implementing statute(s): 46-24-220, MCA
History: NEW, 2005 MAR p. 2061, Eff. 10/28/05; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Subchapter 23.19.10 Consumer Debt Management

Mont. Admin. R. 23.19.1001 License Fee

(1) The required license fee will be $1,000.00. It must be paid every year on or before February 1.

History

Authorizing statute(s): 30-14-2004, MCA
Implementing statute(s): 30-14-2004, MCA
History: NEW, 2006 MAR p. 207, Eff. 1/27/06; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06; AMD, 2009 MAR p. 1166, Eff. 7/17/09.

Mont. Admin. R. 23.19.1002 Bond Requirement

(1) The surety bond for a credit counseling service that maintains an office in this state with a credit counselor on the premises will be the same as one that does not maintain an office in this state with a credit counselor.

History

Authorizing statute(s): 30-14-2004, MCA
Implementing statute(s): 30-14-2004, MCA
History: NEW, 2006 MAR p. 207, Eff. 1/27/06; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.1003 List of Accreditation and Certification Providers

(1) Accreditation must meet as they pertain to credit counseling the:

(a) ISO 9001:2000;

(b) BSI management;

(d) Council on Accreditation for Children and Families standards.

(2) Certification must be by:

(a) the Association for Financial Counseling and Planning Education;

(b) the National Foundation for Credit Counseling; or

(c) a college accredited by one of the six regional accreditation services, by taking a course worth at least three semester credits covering credit counseling or debt management.

History

Authorizing statute(s): 30-14-2004, MCA
Implementing statute(s): 30-14-2004, MCA
History: NEW, 2006 MAR p. 207, Eff. 1/27/06; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.1004 Other Requirements for a License

(1) The department may refuse to issue or renew a licensee if the applicant has been fined or enjoined by any state, part of the federal government, or a United States territory.

History

Authorizing statute(s): 30-14-2004, MCA
Implementing statute(s): 30-14-2004, MCA
History: NEW, 2006 MAR p. 207, Eff. 1/27/06; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.

Mont. Admin. R. 23.19.1005 Consultation and Maintenance Fees

(1) The initial consultation fee or donation shall not be more than $75.

(2) The maintenance fee shall not be more than the lower of $50 or 15% of the monthly payment.

(3) Any one time fee for any part of the credit counseling or debt management services, regardless of name, will be considered a part of the initial consultation fee. Any reoccurring fee for any part of the credit counseling or debt management services will be considered a part of the maintenance fee for the month it occurs in.

(4) Any fee charged for noncredit counseling or debt management services must be reasonable and cannot be tied in any way to providing credit counseling or debt management services.

END OF TITLE 23

History

Authorizing statute(s): 30-14-2010, MCA
Implementing statute(s): 30-14-2010, MCA
History: NEW, 2006 MAR p. 207, Eff. 1/27/06; TRANS, from Administration, 2006 MAR p. 322, Eff. 2/10/06.