reglab/housing_qa huggingface dataset:
MT Code § 2-7-517 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 7. Studies, Reports, and Audits|Part 5. Audits of Political Subdivisions|2-7-517. Penalties -- rules to establish fine

  2-7-517. Penalties -- rules to establish fine. (1) Except as provided in 15-1-121(12)(b), when a local government entity has failed to file a report as required by 2-7-503(1) or to make the payment required by 2-7-514(2) within 60 days, the department may issue an order stopping payment of any state financial assistance to the local government entity or may charge a late payment penalty as adopted by rule. Upon receipt of the report or payment of the filing fee, all financial assistance that was withheld under this section must be released and paid to the local government entity.   (2) In addition to the penalty provided in subsection (1), if a local government entity has not filed the audits or reports pursuant to 2-7-503 within 180 days of the dates required by 2-7-503, the department shall notify the entity of the fine due to the department and shall provide public notice of the delinquent audits or reports.   (3) When a local government entity has failed to make payment as required by 2-7-516 within 60 days of receiving a bill for an audit, the department may issue an order stopping payment of any state financial aid to the local government entity. Upon payment for the audit, all financial aid that was withheld because of failure to make payment must be released and paid to the local government entity.   (4) The department may grant an extension to a local government entity for filing the audits and reports required under 2-7-503 or may waive the fines, fees, and other penalties imposed in this section if the local government entity shows good cause for the delinquency or demonstrates that the failure to comply with 2-7-503 was the result of circumstances beyond the entity's control.   (5) The department shall adopt rules establishing a fine, not to exceed $100, based on the cost of providing public notice under subsection (2), for failure to file audits or reports required by 2-7-503 in the timeframes required under that section.   History: En. Sec. 6, Ch. 573, L. 1981; amd. Sec. 3, Ch. 3, L. 1985; amd. Sec. 15, Ch. 489, L. 1991; amd. Sec. 7, Ch. 42, L. 1997; amd. Sec. 2, Ch. 289, L. 2011; amd. Sec. 3, Ch. 173, L. 2017.
MT Code § 2-7-518 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 7. Studies, Reports, and Audits|Part 5. Audits of Political Subdivisions|2-7-518. Deposit of fees

  2-7-518. Deposit of fees. All fees received from local government entities must be deposited in the enterprise fund to the credit of the department of administration for administration of Title 2, chapter 7, part 5.   History: En. Sec. 7, Ch. 573, L. 1981; amd. Sec. 3, Ch. 277, L. 1983; amd. Sec. 1, Ch. 287, L. 1983; amd. Sec. 16, Ch. 489, L. 1991; amd. Sec. 9, Ch. 483, L. 2001.
MT Code § 2-7-519 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 7. Studies, Reports, and Audits|Part 5. Audits of Political Subdivisions|2-7-519. and 2-7-520 reserved

  2-7-519 and 2-7-520 reserved.
MT Code § 2-7-521 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 7. Studies, Reports, and Audits|Part 5. Audits of Political Subdivisions|2-7-521. Publication

  2-7-521. Publication. (1) (a) After the expiration of the 30-day period provided for in 2-7-515(1), the local government entity shall send a copy of each audit report to a newspaper of general circulation in the area of the local government entity. However, each county audit report must be sent to the official newspaper of the county.   (b) For an audit report of a county or an incorporated city or town, the county, city, or town shall send to the appropriate newspaper a copy of a summary of significant findings regarding the audit report. The summary, which may not exceed 800 words, must be prepared by the independent auditor and contain a statement indicating that it is only a summary and is not intended to be used as an audit report.   (2) For an audit report of a county or incorporated city or town, a newspaper is required to publish only:   (a) the summary of significant findings provided for in subsection (1)(b); and   (b) a statement to the effect that the audit report is on file in its entirety and open to public inspection.   (3) For an audit report of a local government entity other than a county or incorporated city or town, the newspaper is required to publish only the statement provided for in subsection (2)(b) and a statement providing that the audited local government entity will send a copy of the audit report to any interested person upon request.   (4) Publication costs must be borne by the audited local government entity.   History: En. 82-4523 by Sec. 9, Ch. 380, L. 1975; R.C.M. 1947, 82-4523; amd. Sec. 1, Ch. 386, L. 1983; amd. Sec. 3, Ch. 140, L. 1989; amd. Sec. 1, Ch. 607, L. 1989; amd. Sec. 17, Ch. 489, L. 1991.
MT Code § 2-7-522 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 7. Studies, Reports, and Audits|Part 5. Audits of Political Subdivisions|2-7-522. Report review

  2-7-522. Report review. (1) The department shall determine whether the provisions of this part have been complied with by the independent auditor.   (2) Upon receipt of the audit report from the local government entity the department shall review the report. If the department determines the reporting requirements have not been met, the department shall notify the local government entity and the independent auditor submitting the report of the significant issues of noncompliance. The notification must include issuance of a statement of deficiencies by the department. The department shall allow the independent auditor 60 days to correct the identified deficiencies.   (3) If the corrections are not made within 60 days of the department's notice, the department shall notify the local government entity that the report has not been received. Failure to submit a report shall result in the withholding of payment of the audit fee pending resolution of the identified deficiencies or receipt of a corrected report.   (4) Upon review of the report, if the department determines the independent auditor has issued a report that fails to meet the auditing standards referred to in 2-7-513 or contains false or misleading information, the department shall notify the board.   (5) The department shall review the audit report findings and the response of the governing body or executive or managing officer of the local government entity submitted under 2-7-515. When the findings concern financial assistance, the department shall notify the state agency that is responsible for disbursing the state or federal funding.   (6) The department must have access in its office to the working papers of the independent auditor.   History: En. Sec. 18, Ch. 489, L. 1991.
MT Code § 2-7-523 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 7. Studies, Reports, and Audits|Part 5. Audits of Political Subdivisions|2-7-523. Cause of action -- failure to file reports and audits or resolve findings

  2-7-523. Cause of action -- failure to file reports and audits or resolve findings. (1) If a local government entity fails to file an annual financial report with the department as required by 2-7-503(1), to complete and submit an audit or financial review to the department as required by 2-7-503(3), or to resolve significant audit findings or implement corrective measures as required by 2-7-515(3) within 2 years of the applicable deadlines, a person identified in subsection (2) of this section who has received a written determination from the department under 2-7-524(3)(c) or (4)(b) may bring a cause of action against the local government entity for failure to comply with the local government entity's fiduciary requirements.   (2) The following parties may bring a cause of action under the provisions of subsection (1):   (a) any person who pays property taxes to the local government entity;   (b) any elected officer of any local taxing jurisdiction that collects revenue from or distributes revenue to the local government entity;   (c) any person residing within the jurisdictional boundaries of the local government entity who can demonstrate a specific personal and legal interest, as distinguished from a general interest, and has been or is likely to be specially and injuriously affected by the local government entity's failure to meet the requirements as set forth in subsection (1).   (3) The cause of action must be filed in the district court in the county where the local government entity is located.   (4) In addition to any other penalty provided by law, the court may grant relief that it considers appropriate, including but not limited to providing declaratory relief, appointing a financial receiver for the local government entity, or compelling a mandatory duty required under this part that is imposed on a state or local government officer or local government entity. If a party identified in subsection (2) prevails in an action brought under this section, that party must be awarded costs and reasonable attorney fees.   History: En. Sec. 4, Ch. 268, L. 2019.
MT Code § 2-7-524 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 7. Studies, Reports, and Audits|Part 5. Audits of Political Subdivisions|2-7-524. Filing of claims against local government entity -- disposition by department as prerequisite

  2-7-524. Filing of claims against local government entity -- disposition by department as prerequisite. (1) All claims against a local government entity for failure to file an annual financial report with the department as required by 2-7-503(1), failure to complete and submit an audit or financial review to the department as required by 2-7-503(3), or failure to resolve significant audit findings or implement corrective measures as required by 2-7-515(3) within 2 years of the applicable deadlines must be presented in writing to the department.   (2) A complaint based on a claim subject to the provisions of subsection (1) may not be filed in district court unless the claimant has first presented the claim to the department and submitted a copy of the claim to the local government entity. Upon the department's receipt of the claim, the statute of limitations on the claim is tolled until a written determination is issued under subsection (3).   (3) The department must review the claim and issue one of the following determinations in writing within 60 days after the claim is presented to the department:   (a) the local government entity has not violated the requirements of this part for a period of 2 years from the applicable deadlines;   (b) there is sufficient evidence of the violations of the requirements of this part for a period of 2 years from the applicable deadlines, and the department will initiate further technical assistance to help the local government entity come into compliance with this part within 6 months; or   (c) there is sufficient evidence of the violations of the requirements of this part for a period of 2 years from the applicable deadlines.   (4) If the department issues a written determination under subsection (3)(b), within 6 months the department must provide the complainant with a final determination that either:   (a) the local government entity has come into compliance with the provisions of this part; or   (b) there is sufficient evidence of the violations of the requirements of this part.   (5) A complainant must receive a written determination from the department under subsection (3)(c) or (4)(b) before proceeding to district court in accordance with 2-7-523.   (6) The failure of the department to issue a written determination of a claim within 60 days after the claim is presented to the department must be considered a written determination under subsection (3)(c) for purposes of this section.   History: En. Sec. 5, Ch. 268, L. 2019.
MT Code § 2-8-101 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-101. Purpose

  2-8-101. Purpose. (1) The legislature finds state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules. The legislature questions whether conditions causing the establishment of these agencies, programs, and rules have not changed to such an extent as to remove the need for some or all of the agencies, programs, and rules.   (2) It is the intent of the legislature, by establishing a system of periodic evaluation of the need for and the performance of agencies or programs preparatory to termination, modification, or reestablishment, to be in a better position to ensure as follows:   (a) The executive department is responsive to the needs of all of the people of the state.   (b) No agency, program, or rule exists which is not responsive to those needs.   (c) No profession, occupation, business, industry, or other endeavor is subject to the state's regulatory power unless the exercise of such power is necessary to protect the public health, safety, or welfare from significant and discernible harm or damage. The exercise of the state's police power shall be done only to the extent necessary for that purpose.   (d) The state may not regulate a profession, occupation, industry, business, or other endeavor in a manner which will unreasonably adversely affect the competitive market.   (e) There exists a systematic legislative review of the need for and public benefits derived from a program or function by a periodic review and termination, modification, or reestablishment of such programs and functions.   History: En. 82-4601 by Sec. 1, Ch. 562, L. 1977; R.C.M. 1947, 82-4601; amd. Sec. 2, Ch. 321, L. 1983.
MT Code § 2-8-102 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-102. Definitions

  2-8-102. Definitions. As used in this part, the following definitions apply:   (1) "Agency" means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive department of state government.   (2) "Performance audit" means an examination of the effectiveness of administration and its efficiency and adequacy in terms of the program of a state agency authorized by law to be performed and the conformance of expenditures with legislative intent. Audits conducted shall include an analysis of the operation of the agency, with special regard to the duplication of efforts between the audited agency or program and other agencies or programs and the quality of service being rendered.   (3) "Program" means any legislatively or administratively created function, project, or duty of an agency.   History: En. 82-4602 by Sec. 2, Ch. 562, L. 1977; R.C.M. 1947, 82-4602; amd. Sec. 3, Ch. 321, L. 1983.
MT Code § 2-8-103 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-103. Repealed

  2-8-103. Repealed. Sec. 9, Ch. 321, L. 1983.   History: En. 82-4603 by Sec. 3, Ch. 562, L. 1977; R.C.M. 1947, 82-4603; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 2, Ch. 321, L. 1979; amd. Sec. 2, Ch. 325, L. 1979; amd. Sec. 8, Ch. 351, L. 1979; amd. Sec. 2, Ch. 364, L. 1979; amd. Sec. 2, Ch. 388, L. 1979; amd. Sec. 2, Ch. 408, L. 1979; amd. Sec. 2, Ch. 439, L. 1979; amd. Sec. 1, Ch. 462, L. 1979; amd. Sec. 2, Ch. 491, L. 1979; amd. Sec. 2, Ch. 546, L. 1979; amd. Sec. 2, Ch. 549, L. 1979; amd. Sec. 2, Ch. 655, L. 1979; amd. Sec. 2, Ch. 684, L. 1979; amd. Sec. 2, Ch. 96, L. 1981; amd. Sec. 2, Ch. 106, L. 1981; amd. Sec. 2, Ch. 149, L. 1981; amd. Sec. 2, Ch. 154, L. 1981; amd. Sec. 2, Ch. 155, L. 1981; amd. Sec. 2, Ch. 243, L. 1981; amd. Sec. 2, Ch. 248, L. 1981; amd. Sec. 2, Ch. 292, L. 1981; amd. Sec. 2, Ch. 307, L. 1981; amd. Sec. 2, Ch. 323, L. 1981; amd. Sec. 2, Ch. 324, L. 1981; amd. Sec. 2, Ch. 326, L. 1981; amd. Sec. 2, Ch. 362, L. 1981; amd. Sec. 2, Ch. 363, L. 1981; amd. Sec. 2, Ch. 378, L. 1981; amd. Sec. 2, Ch. 444, L. 1981; amd. Sec. 2, Ch. 543, L. 1981; amd. Sec. 2, Ch. 544, L. 1981.
MT Code § 2-8-104 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-104. Repealed

  2-8-104. Repealed. Sec. 9, Ch. 321, L. 1983.   History: En. 82-4609 by Sec. 9, Ch. 562, L. 1977; R.C.M. 1947, 82-4609.
MT Code § 2-8-105 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-105. Determination of agencies and programs to be reviewed

  2-8-105. Determination of agencies and programs to be reviewed. (1) Before September 1 of each even-numbered year, the governor may furnish the legislative audit committee with a list of recommendations for agencies and programs to be terminated and subject to a performance audit during the next biennium pursuant to the provisions of this chapter. The list must be prioritized and must set forth the governor's reasons for recommending each agency or program for review.   (2) The legislative audit committee shall review the list submitted by the governor, suggestions from legislators and legislative committees, staff recommendations, and any other relevant information and compile recommendations of agencies and programs to be terminated and subject to a performance audit. The committee shall submit its recommendations to the next legislature in the form of a bill terminating those designated agencies and programs at the times specified in the bill and requiring a performance audit of each agency and program under the provisions of Title 2, chapter 8, within the time specified and prior to termination.   History: En. Sec. 1, Ch. 321, L. 1983; amd. Sec. 53, Ch. 61, L. 2007.
MT Code § 2-8-106 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-106. through 2-8-110 reserved

  2-8-106 through 2-8-110 reserved.
MT Code § 2-8-111 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-111. Prereview responsibilities of agencies

  2-8-111. Prereview responsibilities of agencies. An agency designated for termination or whose program or programs are designated for termination shall, by 22 months preceding the date set for termination:   (1) delineate the goals of the programs, which goals reflect the state's constitution, statutes, and authoritative judicial, legislative, and executive decisions or pronouncements;   (2) delineate the objectives of the programs and lay out, clearly enough to be tested, the logic in the assumptions linking expenditures to outcome anticipated, outcome anticipated to objectives, and objectives to impact on problems addressed in goals;   (3) furnish to the legislative auditor, upon request of the auditor, the information necessary to conduct a performance audit as required by this chapter.   History: En. 82-4605 by Sec. 5, Ch. 562, L. 1977; R.C.M. 1947, 82-4605; amd. Sec. 4, Ch. 321, L. 1983.
MT Code § 2-8-112 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-112. Legislative audit committee review and report -- review criteria

  2-8-112. Legislative audit committee review and report -- review criteria. (1) The legislative audit committee is responsible for conducting a review of each agency or program scheduled for termination. The review shall be completed at least 6 months prior to the date set for termination. If for any reason a review of an agency or program cannot be completed as required by this chapter, the legislative audit committee shall submit a proposed bill for the ensuing legislative session to reestablish the agency or program.   (2) The review conducted shall include a performance audit of the agency or program, with emphasis on its effect on the public health, safety, and welfare.   (3) The legislative audit committee shall assist in the implementation of the provisions of this part and shall establish administrative procedures which facilitate the review and evaluation as required in this part.   (4) Upon completion of its review, the legislative audit committee shall, as provided in 5-11-210, make a report of its recommendations for continuation, modification, or termination and submit a proposed bill to the ensuing legislative session. If termination is recommended, the bill should repeal or otherwise deal with all statutes and parts of statutes relating to the agency's or program's activities.   History: En. 82-4604 by Sec. 4, Ch. 562, L. 1977; R.C.M. 1947, 82-4604; amd. Sec. 5, Ch. 321, L. 1983; amd. Sec. 5, Ch. 112, L. 1991.
MT Code § 2-8-113 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-113. Hearings by standing committee -- criteria for termination

  2-8-113. Hearings by standing committee -- criteria for termination. (1) Prior to termination of an agency or program, the appropriate standing committee in each house of the legislature or a joint committee of both houses composed of members of the standing committee assigned to conduct the hearing shall hold a public hearing, receiving testimony from the public and the head of the department to which the agency or program involved is attached, the head of the agency involved, and persons who conducted the review.   (2) In the event termination of an agency or program is recommended by the legislative audit committee, the agency involved in the termination has the burden of demonstrating a public need for the agency's or program's continued existence and the extent to which a change in the composition, structure, and operation of the agency or program would improve public health, safety, or welfare.   (3) In determining whether to reestablish an agency or program, the legislature shall consider the performance audit and review conducted by the legislative audit committee, public testimony, and other matters considered relevant by the committee.   History: En. 82-4606 by Sec. 6, Ch. 562, L. 1977; R.C.M. 1947, 82-4606; amd. Sec. 6, Ch. 321, L. 1983; amd. Sec. 8, Ch. 42, L. 1997.
MT Code § 2-8-114 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-114. through 2-8-120 reserved

  2-8-114 through 2-8-120 reserved.
MT Code § 2-8-121 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 8. Legislative Review|Part 1. Periodic Agency Evaluation|2-8-121. Effect of termination

  2-8-121. Effect of termination. Unless otherwise provided, upon termination, each agency, program, or unit shall continue in existence until July 1 of the next succeeding year for the purpose of winding up its affairs. During the windup period, termination does not reduce or otherwise limit the powers or authority of each respective agency or program except that no action may be taken which would continue in effect beyond the 1-year windup period. Upon the expiration of the 1 year after termination, each agency or program not modified or reestablished shall be abolished and all unexpended balances of appropriations, allocations, or other funds shall revert to the fund from which they were appropriated or, if that fund is abolished, to the general fund.   History: En. 82-4607 by Sec. 7, Ch. 562, L. 1977; R.C.M. 1947, 82-4607; amd. Sec. 2, Ch. 497, L. 1979; amd. Sec. 7, Ch. 321, L. 1983.