reglab/housing_qa huggingface dataset:
MT Code § 69-1-115 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 1. Public Service Commission|69-1-115. Commission recordkeeping and employment of personnel

  69-1-115. Commission recordkeeping and employment of personnel. (1) The commission shall keep a full and complete record of all its proceedings and preserve at the office of the commission all books, maps, documents, and papers entrusted to its care.   (2) The commission may appoint secretaries, stenographers, inspectors, experts, and other persons whenever determined necessary by the commission to perform its duties.   History: En. Sec. 1, Ch. 35, L. 2009.
MT Code § 69-1-201 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-201. Definitions

  69-1-201. Definitions. As used in this part and part 2 of chapter 2, the following definitions apply:   (1) "Committee" means the legislative consumer committee provided for in Title 5, chapter 15, part 1.   (2) "Consumer counsel" means the consumer counsel provided for in Title 5, chapter 15, part 2.   (3) "Regulated companies" means all those organizations, corporations, associations, or other public or private entities which now are or may hereafter become subject to regulation in any manner by the department of public service regulation or the public service commission or any successor agency.   History: Ap. p. Sec. 2, Ch. 65, L. 1973; Sec. 70-702, R.C.M. 1947; (2)En. by Code Commissioner, 1979; R.C.M. 1947, 70-702(part).
MT Code § 69-1-202 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-202. through 69-1-210 reserved

  69-1-202 through 69-1-210 reserved.
MT Code § 69-1-211 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-211. Meetings of committee

  69-1-211. Meetings of committee. The committee shall meet at least once each quarter to advise and consult with the consumer counsel.   History: En. Sec. 4, Ch. 65, L. 1973; amd. Sec. 1, Ch. 341, L. 1974; amd. Sec. 7, Ch. 103, L. 1977; R.C.M. 1947, 70-704(part).
MT Code § 69-1-212 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-212. Compensation of committee members

  69-1-212. Compensation of committee members. Committee members are entitled to receive compensation and expenses as provided in 5-2-302.   History: En. Sec. 4, Ch. 65, L. 1973; amd. Sec. 1, Ch. 341, L. 1974; amd. Sec. 7, Ch. 103, L. 1977; R.C.M. 1947, 70-704(part).
MT Code § 69-1-213 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-213. through 69-1-220 reserved

  69-1-213 through 69-1-220 reserved.
MT Code § 69-1-221 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-221. Staff of consumer counsel

  69-1-221. Staff of consumer counsel. The consumer counsel may, with the approval of the committee, appoint employees and consultants necessary to carry out the provisions of this part and part 2 of chapter 2, within the limits of legislative appropriation.   History: En. Sec. 6, Ch. 65, L. 1973; R.C.M. 1947, 70-706.
MT Code § 69-1-222 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-222. Annual report

  69-1-222. Annual report. (1) The consumer counsel shall prepare and submit a yearly report and other interim reports to the consumer committee that the consumer counsel determines advisable concerning the consumer counsel's activities during the year. The consumer counsel also may recommend appropriate remedial legislation to the committee.  (2) The annual report and any recommendations for remedial legislation prepared in accordance with subsection (1) must also be provided to the energy and telecommunications interim committee in accordance with 5-11-210.   History: En. Sec. 7, Ch. 65, L. 1973; amd. Sec. 2, Ch. 341, L. 1974; amd. Sec. 2, Ch. 138, L. 1975; amd. Sec. 1, Ch. 136, L. 1977; R.C.M. 1947, 70-707(7); amd. Sec. 1984, Ch. 56, L. 2009; amd. Sec. 96, Ch. 261, L. 2021.
MT Code § 69-1-223 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-223. Funding of office of consumer counsel

  69-1-223. Funding of office of consumer counsel. (1) There is an account in the state special revenue fund to which all fees collected under this section must be deposited and from which all appropriations to the office of the consumer counsel must be paid. An appropriation to the office of the consumer counsel may consist of a base appropriation for regular operating expenses and a contingency appropriation for expenses due to an unanticipated caseload.   (2) In addition to all other licenses, fees, and taxes imposed by law, all regulated companies shall:   (a) within 30 days after the close of each calendar quarter, file with the department of public service regulation and the department of revenue a statement, in a form that the commission and department may determine, showing the gross operating revenue from all activities regulated by the commission within the state for that calendar quarter of operation or portion of a quarter, separately stating gross revenue from sales to other regulated companies for resale; and   (b) at that time pay to the department of revenue a fee based on a percentage of the gross operating revenue reported, as determined by the department of revenue under 69-1-224.   (3) The amount of money which may be raised by the fee on the regulated companies during a fiscal year may not be increased, except as provided in 69-1-224(1)(c), from the amount appropriated, including both base and contingency appropriations, by the legislature for that fiscal year. Any additional money required for operation of the office of the consumer counsel must be obtained from other sources in a manner authorized by the legislature.   History: En. Sec. 9, Ch. 65, L. 1973; amd. Sec. 1, Ch. 319, L. 1974; R.C.M. 1947, 70-709(1), (2); amd. Sec. 1, Ch. 280, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 2, Ch. 647, L. 1987; amd. Sec. 1, Ch. 508, L. 1993.
MT Code § 69-1-225 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-225. Computation and collection of fee in absence of statement -- penalty and interest

  69-1-225. Computation and collection of fee in absence of statement -- penalty and interest. (1) If a regulated company or an officer or employee of a regulated company fails, neglects, or refuses to file the statement required by 69-1-223(2), the department of revenue may after the time for filing has expired proceed to inform itself, as best it may, regarding the regulated company's gross operating revenue from all activities regulated by the commission within the state for the calendar quarter, quarters, or portion thereof and may determine and fix the amount of the consumer counsel fee due.   (2) (a) When a deficiency is determined and the fee becomes final, the department shall mail a notice and demand for payment to the regulated company. The fee is due and payable at the expiration of 10 days after the notice and demand were mailed. Interest on any deficiency assessment bears interest until paid, at the rate of 1% a month or fraction of a month, computed from the original due date of the return.   (b) If payment is not made within 10 days, the amount of the deficiency is considered delinquent. A 10% penalty must be added to the amount of the deficiency.   (c) The taxpayer may seek review of the department's action pursuant to 15-1-211.   (3) The 10% penalty may be waived by the department of revenue if reasonable cause for failure and neglect to file the statement is provided to the department.   History: En. Sec. 1, Ch. 195, L. 1979; amd. Secs. 8, 19, Ch. 676, L. 1991; amd. Sec. 27, Ch. 811, L. 1991.
MT Code § 69-1-226 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-226. Failure to pay fee -- penalty and interest -- collection of fee

  69-1-226. Failure to pay fee -- penalty and interest -- collection of fee. (1) If a regulated company or an officer or employee of a regulated company files the statement required by 69-1-223(2) but fails, neglects, or refuses to pay the fee due within the time required, the department of revenue may after the time for payment has expired add to the fee due, in addition to any other penalty provided by law, a penalty of 10% thereof plus interest at the rate of 1% per month or fraction of month computed on the total amount of the fee. Interest is computed from the date the fee is due to the date of payment.   (2) The department of revenue shall mail to the regulated company a notice, pursuant to 15-1-211, setting forth the amount of the fee, penalty, and interest. The taxpayer may seek review of the department's action pursuant to 15-1-211.   (3) The 10% penalty may be waived by the department of revenue if reasonable cause for failure and neglect to make payment is provided to the department.   History: En. Sec. 2, Ch. 195, L. 1979; amd. Sec. 51, Ch. 439, L. 1981; amd. Sec. 9, Ch. 676, L. 1991; amd. Sec. 28, Ch. 811, L. 1991.
MT Code § 69-1-227 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-227. Warrant for distraint

  69-1-227. Warrant for distraint. If the fee imposed by this part is not paid when due, the department may issue a warrant for distraint as provided in Title 15, chapter 1, part 7. The resulting lien has precedence over any claim, lien, or demand thereafter filed and recorded.   History: En. Sec. 3, Ch. 195, L. 1979; amd. Sec. 52, Ch. 439, L. 1981.
MT Code § 69-1-228 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-228. Credit for overpayment -- interest on overpayment

  69-1-228. Credit for overpayment -- interest on overpayment. (1) If the department of revenue determines that the amount of fee, penalty, or interest paid for any year is more than the amount due, the amount of the overpayment must be credited against any tax, penalty, or interest then due from the taxpayer and the balance refunded to the taxpayer or the taxpayer's successor through reorganization, merger, or consolidation or to the taxpayer'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 from the due date of the return or from the date of overpayment, whichever date is later, to the date the department of revenue approves 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 taxpayer to furnish information requested by the department of revenue for the purpose of verifying the amount of the overpayment.   (b) Interest is not allowed:   (i) if 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) if the amount of interest is less than $1.   (c) Only a payment made incident to a bona fide and orderly discharge of actual tax liability or one reasonably assumed to be imposed by this chapter is considered an overpayment with respect to which interest is allowable.   History: En. Sec. 11, Ch. 676, L. 1991.
MT Code § 69-1-229 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-229. reserved

  69-1-229 reserved.
MT Code § 69-1-230 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 2. Consumer Committee and Consumer Counsel|69-1-230. Statute of limitations

  69-1-230. 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 taxpayer, 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 taxpayer files a claim or the department of revenue determines the existence of the overpayment and approves the refund or credit. If the taxpayer has agreed in writing under the provisions of subsection (1) to extend the time within which the department of revenue may propose an additional assessment, the period within which a claim for refund or credit may be filed or a credit or refund allowed if no claim is filed is automatically extended.   (3) If a return is required to be filed and the taxpayer fails to file the return, the tax may be assessed or an action to collect the tax may be brought at any time. If a return is required to be filed and the taxpayer files a fraudulent return, the 5-year period provided for in subsection (1) does not begin until discovery of the fraud by the department of revenue.   History: En. Sec. 15, Ch. 676, L. 1991.
MT Code § 69-1-401 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 4. Funding of Department of Public Service Regulation|69-1-401. Definitions

  69-1-401. Definitions. As used in this part, the following definitions apply:   (1) "Department" means the department of public service regulation provided for in Title 2, chapter 15, part 26.   (2) "Regulated companies" means all organizations, corporations, associations, or other public or private entities which now are or may hereafter become subject to regulation in any manner by the department of public service regulation, the public service commission, or any successor agency. The term does not include motor carriers regulated pursuant to Title 69, chapter 12.   History: En. Sec. 1, Ch. 32, Sp. L. June 1986.
MT Code § 69-1-402 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 4. Funding of Department of Public Service Regulation|69-1-402. Funding of department of public service regulation

  69-1-402. Funding of department of public service regulation. (1) All fees collected under this section and any other fees, except as provided in 69-1-114(3), must be deposited in an account in the state special revenue fund to the credit of the department. An appropriation to the department may consist of a base appropriation for regular operating expenses and a contingency appropriation for expenses due to an unanticipated caseload.   (2) In addition to all other licenses, fees, and taxes imposed by law, all regulated companies shall, within 30 days after the close of each calendar quarter, pay to the department of revenue a fee based on a percentage of gross operating revenue reported pursuant to 69-1-223(2)(a), as determined by the department of revenue under 69-1-403.   (3) The amount of money that may be raised by the fee on the regulated companies during a fiscal year may not be increased, except as provided in 69-1-224(1)(c), from the amount appropriated to the department by the legislature for that fiscal year, including both base and contingency appropriations. Any additional money required for operation of the department must be obtained from other sources in a manner authorized by the legislature.   History: En. Sec. 2, Ch. 32, Sp. L. June 1986; amd. Sec. 4, Ch. 647, L. 1987; amd. Sec. 3, Ch. 508, L. 1993; amd. Sec. 2, Ch. 224, L. 2005; amd. Sec. 16, Ch. 6, Sp. L. November 2017.
MT Code § 69-1-403 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 4. Funding of Department of Public Service Regulation|69-1-403. Determination and collection of fee

  69-1-403. Determination and collection of fee. (1) The fee provided for in 69-1-402 to be paid by regulated companies must be determined in the manner set forth in 69-1-224 for determining the consumer counsel fee, except that gross revenues from sales to other regulated companies for resale, as calculated by the public service commission, must be excluded from the determination of the total gross operating revenue pursuant to 69-1-224.   (2) The department of revenue shall give notice by mail to each regulated company of the percentage determined pursuant to 69-1-224 and this section to be applied to gross operating revenues reported under 69-1-223, excluding gross revenues from sales to other regulated companies for resale.   (3) The fee provided for in 69-1-402 may be computed and collected in the manner provided in 69-1-225 through 69-1-227.   (4) All fees paid by a regulated company pursuant to this section are immediately recoverable by the regulated company in its rates and charges. Within 30 days after the issuance by the department of revenue of the notice required by 69-1-224(1), the public service commission shall by separate order authorize each regulated company to fully recover in its rates and charges, on an annual basis, the fees levied by this part.   History: En. Sec. 3, Ch. 32, Sp. L. June 1986; amd. Sec. 5, Ch. 647, L. 1987; amd. Sec. 4, Ch. 508, L. 1993.
MT Code § 69-1-404 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 1. Structure and Organization of State Agencies|Part 4. Funding of Department of Public Service Regulation|69-1-404. Repealed

  69-1-404. Repealed. Sec. 56, Ch. 349, L. 1993.   History: En. Sec. 5, Ch. 32, Sp. L. June 1986; amd. Sec. 45, Ch. 112, L. 1991.
MT Code § 69-2-101 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 2. General Regulatory Provisions|Part 1. Role of Public Service Commission|69-2-101. Adoption of rules for rate cases

  69-2-101. Adoption of rules for rate cases. The commission shall adopt such rules of practice and procedure for the filing, investigation, and hearing of petitions or applications to increase or decrease rates and charges of railroads, motor carriers, and public utilities as the commission finds necessary or appropriate to enable it to reach a final decision in an orderly manner.   History: En. 70-104.1 by Sec. 1, Ch. 137, L. 1977; R.C.M. 1947, 70-104.1.
MT Code § 69-2-102 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 2. General Regulatory Provisions|Part 1. Role of Public Service Commission|69-2-102. Role of commission when consumer counsel protests

  69-2-102. Role of commission when consumer counsel protests. In any case involving an application by a regulated entity to the commission for authority to increase its rates that is actively contested by the consumer counsel, the commission shall leave representation of the interests of consumers to the consumer counsel when the consumer counsel timely petitions to become a party to the case. This section does not prohibit the commission or its staff from investigating and interrogating in any hearing to clarify the case or present an issue. Evidence may be introduced by the commission on an issue that has not been adequately addressed by any party if the commission first requests counsel of record to address the issue and counsel fails to introduce sufficient or adequate evidence.   History: En. 70-707.1 by Sec. 1, Ch. 474, L. 1977; R.C.M. 1947, 70-707.1; amd. Sec. 1985, Ch. 56, L. 2009.
MT Code § 69-2-103 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 2. General Regulatory Provisions|Part 1. Role of Public Service Commission|69-2-103. Hearings examiner

  69-2-103. Hearings examiner. (1) (a) Except as provided in subsections (1)(b) and (1)(c), if requested by the applicant, the commission shall appoint a hearings examiner for proceedings under this title.   (b) If four public service commissioners determine that a hearings examiner is not required for a proceeding, the commission is not required to appoint a hearings examiner.   (c) If three public service commissioners determine that a hearings examiner is necessary for a proceeding, the commission shall appoint a hearings examiner.   (d) The determinations in this subsection (1) must be made by a vote of the commission during a public meeting.   (e) If a hearings examiner is appointed at the request of an applicant in accordance with subsection (1)(a), the commission may assess the costs to the applicant.   (f) If the public service commission determines a hearings examiner is required in accordance with subsection (1)(c), the commission shall cover the costs and may not pass those costs on to an applicant.   (g) The commission may disqualify the hearings examiner and appoint another hearings examiner. The affidavit must state the facts and the reasons for the belief that the hearings examiner should be disqualified.   (2) The hearings examiner may not communicate with any party or a party's representative in connection with any issue of fact or law in the case unless there is notice and opportunity for all parties to participate. The commission may not communicate with any party before the conclusion of the hearing.   (3) The commission may adopt rules necessary to implement the utilization of a hearings examiner in accordance with this section.   History: En. Sec. 4, Ch. 449, L. 2019.
MT Code § 69-2-201 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 2. General Regulatory Provisions|Part 2. Role of Consumer Counsel|69-2-201. Appearance at hearings by counsel

  69-2-201. Appearance at hearings by counsel. The consumer counsel may appear at public hearings conducted by the commission, as the representative of the consuming public, on all matters which come before the commission which in any way affect the consuming public and shall have all the rights and powers of any party in interest appearing before the commission regarding examination and cross-examination of witnesses, presentation of evidence, and other matters.   History: En. Sec. 7, Ch. 65, L. 1973; amd. Sec. 2, Ch. 341, L. 1974; amd. Sec. 2, Ch. 138, L. 1975; amd. Sec. 1, Ch. 136, L. 1977; R.C.M. 1947, 70-707(1).