reglab/housing_qa huggingface dataset:
MT Code § 53-19-308 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 3. Telecommunications Services|53-19-308. Telecommunications relay service system -- requirements

  53-19-308. Telecommunications relay service system -- requirements. The committee shall contract with one or more qualified providers to design and implement a telecommunications relay service system that fulfills the purpose described in 53-19-306. The committee shall require, under the terms of the contract, that:   (1) the system relay all messages promptly and accurately;   (2) the system maintain the privacy of persons using the system; and   (3) the provider preserve the confidentiality of all communications, except in instances in which the confidentiality would further a violation of the law.   History: En. Sec. 9, Ch. 669, L. 1989; amd. Sec. 8, Ch. 396, L. 1997; amd. Sec. 5, Ch. 325, L. 2007.
MT Code § 53-19-309 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 3. Telecommunications Services|53-19-309. Gifts and grants

  53-19-309. Gifts and grants. The committee may accept contributions, gifts, and grants, in money or otherwise, to the program established in 53-19-306. Monetary contributions, gifts, and grants must be deposited in the account provided for in 53-19-310.   History: En. Sec. 10, Ch. 669, L. 1989; amd. Sec. 88, Ch. 2, L. 2009.
MT Code § 53-19-310 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 3. Telecommunications Services|53-19-310. Account for telecommunications services and specialized telecommunications equipment for persons with disabilities

  53-19-310. Account for telecommunications services and specialized telecommunications equipment for persons with disabilities. (1) Subject to legislative fund transfer, there is an account for telecommunications services and specialized telecommunications equipment for persons with disabilities in the state special revenue fund in the state treasury. The account consists of:   (a) all monetary contributions, gifts, and grants received by the committee as provided in 53-19-309; and   (b) all fees billed and collected pursuant to 53-19-311.   (2) The money in the account is allocated to the committee for purposes of implementing this part.   (3) All expenditures of the committee in administering this part must be paid from money deposited in the account.   History: En. Sec. 11, Ch. 669, L. 1989; amd. Sec. 9, Ch. 396, L. 1997; amd. Sec. 66, Ch. 472, L. 1997; amd. Sec. 4, Ch. 297, L. 2001; amd. Sec. 2, Ch. 18, Sp. L. August 2002; amd. Sec. 4, Ch. 417, L. 2003; amd. Sec. 6, Ch. 325, L. 2007; amd. Sec. 7, Ch. 312, L. 2011; amd. Sec. 9, Ch. 393, L. 2019.
MT Code § 53-19-311 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 3. Telecommunications Services|53-19-311. Special assessment

  53-19-311. Special assessment. (1) A fee of 10 cents a month must be assessed on each end user connection provided and billed or any prepaid options by each service provider and is imposed for the purposes of this part.   (2) Each subscriber of a service provider is liable for payment to the service provider of any fee properly imposed pursuant to this part. The service provider is not liable for any uncollected fee, nor does the service provider have an obligation to take legal action to enforce the collection of any fee that is unpaid by its subscribers.   (3) (a) Each service provider that periodically bills subscribers for its services shall bill each subscriber for the fee provided for in subsection (1). For subscribers who are not billed periodically, including but not limited to subscribers who purchase prepaid wireless telecommunication services for a flat fee, the service provider shall include in the price of the service a fee of 10 cents for each 30-day period during which the subscriber is authorized to use the service or a prepaid wireless telephone service provider shall remit an amount equal to the fees established in subsection (1) after collecting the amount using one of the following options:   (i) on a monthly basis, the prepaid service provider shall collect an amount equal to the fees established in subsection (1) from each active prepaid subscriber whose account balance is equal to or greater than the fees established in subsection (1); or   (ii) the prepaid service provider shall divide the total intrastate monthly revenue by the average revenue for each prepaid subscriber of the wireless industry to determine the number of prepaid subscribers. The fees established in subsection (1) are then applied to the number of prepaid subscribers.   (b) Each service provider shall file a return provided by the department reporting the amount of fees collected on access line services during the quarter. Except as provided in subsection (4), all fees collected by a service provider must be transmitted to the department no later than the last day of the month following the end of each calendar quarter in which the fees are collected. All fees received by the department must be deposited in the account established in 53-19-310 to the credit of the committee.   (4) Each service provider may deduct and retain 3/4 of 1% of the total fees collected each month to cover its administrative expenses in complying with the requirements of subsection (3).   History: En. Sec. 12, Ch. 669, L. 1989; amd. Sec. 5, Ch. 417, L. 2003; amd. Sec. 7, Ch. 325, L. 2007.
MT Code § 53-19-312 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 3. Telecommunications Services|53-19-312. Repealed

  53-19-312. Repealed. Sec. 14, Ch. 325, L. 2007.   History: En. Sec. 13, Ch. 669, L. 1989.
MT Code § 53-19-313 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 3. Telecommunications Services|53-19-313. and 53-19-314 reserved

  53-19-313 and 53-19-314 reserved.
MT Code § 53-19-315 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 3. Telecommunications Services|53-19-315. Records -- audit

  53-19-315. Records -- audit. (1) Each service provider required to collect the fee provided for in 53-19-311 shall maintain and have available for inspection by the department books, ledgers, registers, or other documents showing the collection of the fee for telecommunications access services and specialized telecommunications equipment for persons with disabilities for the preceding 5 years or until any dispute or litigation concerning the fees is resolved, whichever is later.   (2) At the request of the committee or on its own initiative, the department or a third party designated by the department may audit the records of any service provider to ensure proper accounting of all fees billed and collected pursuant to 53-19-311. Any expenses of the audit must be paid by the program.   History: En. Sec. 9, Ch. 325, L. 2007.
MT Code § 53-19-316 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 3. Telecommunications Services|53-19-316. Service provider required to hold fee in trust for state penalty and interest

  53-19-316. Service provider required to hold fee in trust for state penalty and interest. (1) Each service provider required to collect the fee imposed by 53-19-311 holds the fee in trust for the state of Montana and for payment of the fee to the department as provided in 53-19-311.   (2) (a) A service provider that fails to file the return required in 53-19-311 must be assessed a penalty as provided in 15-1-216. The department may waive any penalty as provided in 15-1-206.   (b) A service provider that fails to make payment or fails to report and make payment as required by 53-19-311 must be assessed penalty and interest as provided in 15-1-216. The department may waive any penalty pursuant to 15-1-206.   (c) Interest on fees not paid when due is assessed in the same manner as taxes not paid when due as provided in 15-1-216.   (3) (a) If a service provider fails to file the return required by 53-19-311 or if the department determines that the report understates the amount of fees due, the department may determine the amount of the fees due and assess that amount against the service provider. The provisions of 15-1-211 apply to any assessment by the department. The service provider may seek review of the assessment pursuant to 15-1-211.   (b) When a deficiency is determined and the amount due becomes final, the department shall mail a notice and demand for payment to the owner or operator. Penalty and interest must be added to any deficiency as provided in 15-1-216.   History: En. Sec. 10, Ch. 325, L. 2007.
MT Code § 53-19-317 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 3. Telecommunications Services|53-19-317. Credit or refund for overpayment -- interest on overpayment

  53-19-317. Credit or refund for overpayment -- interest on overpayment. (1) If the department determines that the amount of fees, penalty, or interest paid for any year is more than the amount due, the amount of the overpayments must be credited against any fees, penalty, or interest then due from the service provider and the balance refunded to the service provider or the service provider's successor through reorganization, merger, or consolidation or to the service provider's shareholders upon dissolution.   (2) Except as provided in subsection (3), interest is allowed on overpayments at the same rate as is charged on deficiency assessments as provided in 15-1-216 from the due date of the return or from the date of overpayment, whichever date is later, to the date the department approved refunding or crediting of the overpayment.   (3) (a) Interest does not accrue during any period in which the processing of a claim for a refund is delayed more than 30 days by reason of failure of the service provider to furnish information requested by the department for the purpose of verifying the amount of the overpayment.   (b) Interest is not allowed if:   (i) the overpayment is refunded within 6 months from the date the return is due or from the date the return is filed, whichever is later; or   (ii) the amount of interest is less than $1.   (c) Only a payment made incident to a bona fide and orderly discharge of actual liability is considered an overpayment with respect to which interest is allowed.   History: En. Sec. 11, Ch. 325, L. 2007.
MT Code § 53-19-318 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 3. Telecommunications Services|53-19-318. Statute of limitations

  53-19-318. Statute of limitations. (1) Except as provided in subsection (3), a deficiency may not be assessed or collected with respect to the year for which a return is filed unless the notice of the additional fee proposed to be assessed is mailed within 5 years from the date the return was filed. For purposes of this section, a return filed before the last day prescribed for filing is considered as filed on the last day. If the service provider, before the expiration of the period prescribed for assessment of the fee, consents in writing to an assessment after that time, the fee may be assessed at any time prior to the expiration of the period agreed upon.   (2) A refund or credit may not be allowed or paid with respect to the year for which a return is filed after 5 years from the last day prescribed for filing the return or after 1 year from the date of the overpayment, whichever period expires later, unless before the expiration of the period the service provider files a claim or the department determines the existence of the overpayment and approves the refund or credit. If the service provider has agreed in writing under the provisions of subsection (1) to extend the time within which the department may propose an additional assessment, the period within which a claim for refund or credit may be filed or a credit or refund is allowed if no claim is filed is automatically extended.   (3) If a return is required to be filed and the service provider fails to file the return, the fee may be assessed or an action to collect the fee may be brought at any time. If a return is required to be filed and the service provider files a fraudulent return, the 5-year period provided for in subsection (1) does not begin until discovery of the fraud by the department.   History: En. Sec. 12, Ch. 325, L. 2007.
MT Code § 53-19-319 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 3. Telecommunications Services|53-19-319. Service provider considered taxpayer under provisions for fee

  53-19-319. Service provider considered taxpayer under provisions for fee. Unless the context requires otherwise, the provisions of Title 15 referring to the audit and examination of reports and returns, determination of deficiency assessments, claims for refunds, penalties and interest, jeopardy assessments, warrants, conferences, appeals to the department, appeals to the Montana tax appeal board, and procedures relating to the application of this part apply as if the fee imposed in this part were a tax imposed upon or measured by net income. The provisions apply to the subscriber liable for the fee and to the service provider required to collect the fee. Any amount collected and required to be remitted to the department is considered a tax upon the service provider required to collect it, and the service provider is considered a taxpayer.  History: En. Sec. 13, Ch. 325, L. 2007; amd. Sec. 46, Ch. 142, L. 2021.
MT Code § 53-19-401 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 4. Newborn Hearing Screening|53-19-401. Purpose

  53-19-401. Purpose. The purposes of this part are:   (1) to provide early detection of hearing loss in newborn infants as soon after birth as possible to enable children, their families, and primary health care providers to obtain any necessary multidisciplinary evaluation, audiologic assessment, treatment, and intervention services at the earliest opportunity and to prevent or mitigate the developmental delays and academic failures associated with late identification of hearing loss; and   (2) to provide the state with the necessary information to effectively plan, establish, and evaluate a comprehensive system of appropriate services for infants and children who are deaf or hard-of-hearing.   History: En. Sec. 1, Ch. 250, L. 2001; amd. Sec. 1, Ch. 251, L. 2007.
MT Code § 53-19-402 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 4. Newborn Hearing Screening|53-19-402. Statewide universal newborn hearing screening, tracking, and intervention program

  53-19-402. Statewide universal newborn hearing screening, tracking, and intervention program. (1) There is a universal newborn hearing screening program in the department of public health and human services. The department shall implement the program to ensure a hearing screening test for all newborn infants for identification of newborn infant hearing loss. The department shall implement the program to ensure newborn hearing screening tests are completed before discharge from a hospital or no later than 1 month after birth.   (2) The department shall adopt rules to:   (a) ensure that each licensed hospital, health care facility, or health care provider providing obstetric services:   (i) complete newborn hearing screenings for all infants before discharge or no later than 1 month after birth and report the results to each infant's primary care provider, including any recommendation for audiologic assessment for an infant with two failed hearing screenings; and   (ii) provide required education regarding hearing screenings and hearing loss;   (b) ensure monitoring of all babies screened in Montana and referred for audiologic assessment to ensure that they receive an audiologic assessment by 3 months of age;   (c) establish newborn hearing screening protocols that are objective and physiologically based;   (d) establish education protocols;   (e) establish reporting requirements that are related to newborn infant hearing screening, recommendation for audiologic assessment, and audiologic assessment results; and   (f) ensure the electronic sharing of audiologic evaluation information of infants diagnosed as deaf or hard-of-hearing with the Montana school for the deaf and blind, pursuant to the school's responsibility for intervention tracking as provided in 20-8-102.   (3) The department shall assist each licensed hospital, health care facility, or health care provider providing obstetric services in developing systems for reporting and in accessing funds to purchase hearing screening equipment by providing information on funding sources known to the department.   (4) The department may accept contributions, gifts, grants, or endowments from public or private sources for the use and benefit of this program.   History: En. Sec. 2, Ch. 250, L. 2001; amd. Sec. 2, Ch. 251, L. 2007.
MT Code § 53-19-403 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 4. Newborn Hearing Screening|53-19-403. Repealed

  53-19-403. Repealed. Sec. 4, Ch. 251, L. 2007.   History: En. Sec. 3, Ch. 250, L. 2001.
MT Code § 53-19-404 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 19. Physically Disabled|Part 4. Newborn Hearing Screening|53-19-404. Required education -- screening -- reporting

  53-19-404. Required education -- screening -- reporting. (1) Each licensed hospital, health care facility, or health care provider that provides obstetric services shall provide education to parents of infants born in the hospital or health care facility of the importance of screening the hearing of newborn infants and providing followup care.   (2) Every licensed hospital or health care facility that provides obstetric services shall:   (a) perform newborn hearing screenings, including screening of infants transferred into the hospital or health care facility from another hospital or health care facility, unless the transferring facility has already performed the screening;   (b) report monthly to the department the following information:   (i) the infants born in the hospital or born outside of the hospital and transported or transferred to the hospital or health care facility;   (ii) the infants screened, including those infants born outside of the hospital or health care facility and transported or transferred to it from another hospital or health care facility or screened as part of a cooperative agreement with health care providers providing obstetric services in their service area;   (iii) the infants not screened and the reason each infant was not screened, in accordance with reporting requirements;   (iv) the infants who passed the screening; and   (v) the infants who do not pass their screenings and the contact information for the primary care provider who was notified of the screening results for each infant who did not pass the screenings.   (3) Every licensed audiologist performing audiologic evaluations of infants identified by hearing screening as needing audiologic assessment shall report monthly to the department the following information:   (a) the identity of infants referred to them for audiologic assessment;   (b) the referring person or health care facility;   (c) the birthing facility in which the infant was born; and   (d) the results of the audiologic assessment of each infant referred to them.   History: En. Sec. 4, Ch. 250, L. 2001; amd. Sec. 3, Ch. 251, L. 2007.
MT Code § 53-20-101 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-101. Purpose

  53-20-101. Purpose. The purpose of this part is to:   (1) secure for each person who may be a person with developmental disabilities such treatment and habilitation as will be suited to the needs of the person and to assure that such treatment and habilitation are skillfully and humanely administered with full respect for the person's dignity and personal integrity;   (2) accomplish this goal whenever possible in a community-based setting;   (3) accomplish this goal in an institutionalized setting only when less restrictive alternatives are unavailable or inadequate and only when a person is so severely disabled as to require institutionalized care; and   (4) assure that due process of law is accorded any person coming under the provisions of this part.   History: En. 38-1201 by Sec. 1, Ch. 468, L. 1975; R.C.M. 1947, 38-1201; amd. Sec. 21, Ch. 255, L. 1995.
MT Code § 53-20-103 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-103. Residential institution to meet standards

  53-20-103. Residential institution to meet standards. No person shall be admitted to any publicly supported residential institution caring for persons with developmental disabilities unless such institution meets the standards prescribed by this part.   History: En. 38-1231 by Sec. 31, Ch. 468, L. 1975; R.C.M. 1947, 38-1231; amd. Sec. 21, Ch. 255, L. 1995.
MT Code § 53-20-105 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-105. Repealed

  53-20-105. Repealed. Sec. 20, Ch. 255, L. 1995.   History: En. Sec. 2, Ch. 569, L. 1983.
MT Code § 53-20-106 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-106. Certification of developmental disabilities professionals

  53-20-106. Certification of developmental disabilities professionals. (1) A developmental disabilities professional must be certified by the department of public health and human services.   (2) The department of public health and human services shall adopt rules governing the certification of developmental disabilities professionals. The rules must establish the appropriate combination of education, skills, and experience necessary for certification and set forth qualifications developed by reference to recognized national standards in the field of developmental disabilities.   History: En. Sec. 3, Ch. 569, L. 1983; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 4, Ch. 381, L. 1991; amd. Sec. 3, Ch. 255, L. 1995; amd. Sec. 469, Ch. 546, L. 1995.
MT Code § 53-20-107 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-107. Department to compile list of qualified developmental disabilities professionals

  53-20-107. Department to compile list of qualified developmental disabilities professionals. The department of public health and human services shall compile and provide to each district court within the state a list of developmental disabilities professionals who possess competencies in the evaluation and habilitation of persons with developmental disabilities.   History: En. Sec. 6, Ch. 343, L. 1981; Sec. 53-20-414, MCA 1985; redes. 53-20-107 by Sec. 114, Ch. 609, L. 1987; amd. Sec. 4, Ch. 255, L. 1995.
MT Code § 53-20-108 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-108. and 53-20-109 reserved

  53-20-108 and 53-20-109 reserved.