reglab/housing_qa huggingface dataset:
MT Code § 50-79-401 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 79. Nuclear Regulation|Part 4. Enforcement, Appeal, and Penalties|50-79-401. Administrative hearings

  50-79-401. Administrative hearings. In a proceeding under this chapter for granting, suspending, revoking, or amending a license or for determining compliance with or granting exceptions from rules adopted under this chapter, the board of environmental review shall first afford an opportunity for a hearing on the record upon the request of a person whose interest may be affected by the proceeding and shall admit the person as a party to the proceeding.   History: En. Sec. 12, Ch. 108, L. 1967; amd. Sec. 84, Ch. 349, L. 1974; R.C.M. 1947, 69-5812(1); amd. Sec. 181, Ch. 418, L. 1995; Sec. 75-3-401, MCA 1995; redes. 50-79-401 by Sec. 13, Ch. 73, L. 1997.
MT Code § 50-79-402 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 79. Nuclear Regulation|Part 4. Enforcement, Appeal, and Penalties|50-79-402. Emergency impoundment of materials

  50-79-402. Emergency impoundment of materials. The department shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to observe or who fails to observe the provisions of this chapter or any rules promulgated hereunder.   History: En. Sec. 14, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5814; Sec. 75-3-402, MCA 1995; redes. 50-79-402 by Sec. 13, Ch. 73, L. 1997.
MT Code § 50-79-403 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 79. Nuclear Regulation|Part 4. Enforcement, Appeal, and Penalties|50-79-403. Emergency orders and rules

  50-79-403. Emergency orders and rules. When the department finds that an emergency exists requiring immediate action to protect the public health and safety, the department may, without notice or hearing, issue a rule or order reciting the existence of the emergency and requiring that such action be taken as considered necessary to meet the emergency. Notwithstanding any provision of this chapter to the contrary, the rule or order is effective immediately. A person to whom the rule or order is directed shall comply with it immediately but on application to the board shall be afforded a prompt hearing. On the basis of the hearing the emergency rule or order shall be continued, modified, or revoked by the board within 30 days after the hearing or when the emergency no longer exists.   History: En. Sec. 12, Ch. 108, L. 1967; amd. Sec. 84, Ch. 349, L. 1974; R.C.M. 1947, 69-5812(2); Sec. 75-3-403, MCA 1995; redes. 50-79-403 by Sec. 13, Ch. 73, L. 1997.
MT Code § 50-79-404 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 79. Nuclear Regulation|Part 4. Enforcement, Appeal, and Penalties|50-79-404. Prohibited activity

  50-79-404. Prohibited activity. (1) No person shall acquire, own, possess, or use any radioactive byproduct material, source material, special nuclear materials, or other radioactive materials, occurring naturally or produced artificially, without having been granted a license therefor from the department or transfer to another or dispose of said materials without first having been granted approval of the department therefor in accordance with the administrative rules of the department.   (2) It shall be unlawful for any person to use, manufacture, produce, or knowingly transport, transfer, receive, acquire, own, or possess any source of ionizing radiation unless such person is licensed by or registered with the department in accordance with the provisions of this chapter and rules issued hereunder.   History: (1)En. Sec. 16, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 69-5816, R.C.M. 1947; (2)En. Sec. 13, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 69-5813, R.C.M. 1947; R.C.M. 1947, 69-5813, 69-5816(part); Sec. 75-3-404, MCA 1995; redes. 50-79-404 by Sec. 13, Ch. 73, L. 1997.
MT Code § 50-79-405 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 79. Nuclear Regulation|Part 4. Enforcement, Appeal, and Penalties|50-79-405. Penalty

  50-79-405. Penalty. A person who violates 50-79-404 is guilty of a misdemeanor punishable by a fine of not less than $100 and not more than $1,000 or by confinement in the county jail of not less than 30 days and not more than 90 days or by both.   History: En. Sec. 16, Ch. 108, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 69-5816(part); amd. Sec. 5, Ch. 68, L. 1979; Sec. 75-3-405, MCA 1995; redes. 50-79-405 by Sec. 13, Ch. 73, L. 1997.
MT Code § 50-79-406 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 79. Nuclear Regulation|Part 4. Enforcement, Appeal, and Penalties|50-79-406. Injunctions

  50-79-406. Injunctions. The department may maintain an action in the district court to enjoin a continuance of an act in violation of this chapter or of a rule or order issued under this chapter. If the court finds that the defendant is violating or has violated any of the provisions of this chapter or any rule or order issued under this chapter, it shall enjoin the defendant from a continuance thereof.   History: En. Sec. 1, Ch. 323, L. 1989; Sec. 75-3-406, MCA 1995; redes. 50-79-406 by Sec. 13, Ch. 73, L. 1997.
MT Code § 50-79-407 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 79. Nuclear Regulation|Part 4. Enforcement, Appeal, and Penalties|50-79-407. Civil penalties -- deposit in general fund -- injunctions not barred

  50-79-407. Civil penalties -- deposit in general fund -- injunctions not barred. (1) A person who violates this chapter or a rule or order issued under this chapter is subject to a civil penalty not to exceed $5,000 for each violation. For purposes of this section, each day of a violation is a separate violation.   (2) The department shall initiate civil proceedings in district court to recover a penalty under subsection (1).   (3) Civil penalties collected under this section must be deposited in the general fund.   (4) An action under this section does not bar enforcement of this chapter or of rules or orders issued under it by injunction or other appropriate remedy.   History: En. Sec. 2, Ch. 323, L. 1989; Sec. 75-3-407, MCA 1995; redes. 50-79-407 by Sec. 13, Ch. 73, L. 1997.
MT Code § 50-79-408 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 79. Nuclear Regulation|Part 4. Enforcement, Appeal, and Penalties|50-79-408. and 50-79-409 reserved

  50-79-408 and 50-79-409 reserved.
MT Code § 50-79-410 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 79. Nuclear Regulation|Part 4. Enforcement, Appeal, and Penalties|50-79-410. State regulations no more stringent than federal regulations or guidelines

  50-79-410. State regulations no more stringent than federal regulations or guidelines. (1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.   (2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:   (a) the proposed state standard or requirement protects public health or the environment of the state; and   (b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.   (3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the department's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.   (4) (a) A person affected by a rule of the department adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the department to review the rule. If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee in an amount not to exceed $250.   (b) A person may also petition the department for a rule review under subsection (4)(a) if the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.   (5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1).   History: En. Sec. 3, Ch. 471, L. 1995; Sec. 75-3-410, MCA 1995; redes. 50-79-410 by Sec. 13, Ch. 73, L. 1997.
MT Code § 50-79-502 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 79. Nuclear Regulation|Part 5. Northwest Interstate Compact on Low-Level Radioactive Waste Management|50-79-502. Administration of compact -- fees

  50-79-502. Administration of compact -- fees. (1) The department of public health and human services, as the state radiation control agency, shall administer the provisions of the compact.   (2) The department may assess and collect fees for services rendered in inspecting and regulating low-level radioactive waste generators, transporters, and disposal facilities. The fees must cover the department's costs for those services and must be deposited in the state special revenue fund for use by the department. State and local government agencies, including the university system, are exempt from the payment of fees.   (3) The department may adopt rules under the authority contained in 50-79-201(3)(b) to implement the provisions of this compact.   History: En. Sec. 2, Ch. 242, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 182, Ch. 418, L. 1995; amd. Sec. 7, Ch. 73, L. 1997; Sec. 75-3-502, MCA 1995; redes. 50-79-502 by Sec. 13, Ch. 73, L. 1997.
MT Code § 52-1-101 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 1. Administration|Part 1. General|52-1-101. Purpose

  52-1-101. Purpose. It is the public policy of the legislature to reduce duplication and fragmentation of services to youth, families, and senior citizens by creating a department that shall develop and maintain consolidated programs and services, except youth correctional services, within available resources, and a planned continuum of services to:   (1) provide protective services to ensure the health, welfare, and safety of children and adults who are in danger of abuse, neglect, or exploitation within communities; and   (2) provide supportive services to enable senior citizens to maintain their independence.   History: En. Sec. 3, Ch. 609, L. 1987; amd. Sec. 333, Ch. 546, L. 1995.
MT Code § 52-1-102 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 1. Administration|Part 1. General|52-1-102. Definitions

  52-1-102. Definitions. Unless the context requires otherwise, in this title, the following definitions apply:   (1) "Department" means the department of public health and human services provided for in 2-15-2201.   (2) "Director" means the director of public health and human services provided for in 2-15-2201.   History: En. Sec. 4, Ch. 609, L. 1987; amd. Sec. 334, Ch. 546, L. 1995.
MT Code § 52-1-103 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 1. Administration|Part 1. General|52-1-103. Powers and duties of department

  52-1-103. Powers and duties of department. The department shall:   (1) administer and supervise all forms of child and adult protective services;   (2) act as the lead agency in coordinating and planning services to children with multiagency service needs;   (3) establish a system of councils at the state and local levels to make recommendations and to advise the department on issues, including children's issues;   (4) provide the following functions, as necessary, for youth in need of care:   (a) intake, investigation, case management, and client supervision;   (b) placement in youth care facilities;   (c) contracting for necessary services;   (d) protective services day care; and   (e) adoption;   (5) register or license youth care facilities, child-placing agencies, day-care facilities, community homes for persons with developmental disabilities, community homes for severely disabled persons, and adult foster care facilities;   (6) act as lead agency in implementing and coordinating child-care programs and services under the Montana Child Care Act;   (7) administer the Interstate Compact for the Placement of Children;   (8) (a) administer child abuse prevention services funded through child abuse grants and the Montana children's trust fund provided for in Title 52, chapter 7, part 1; and   (b) administer elder abuse prevention services;   (9) develop a statewide youth services and resources plan that takes into consideration local needs;   (10) administer services to the aged;   (11) provide consultant services to:   (a) facilities providing care for adults who are needy, indigent, or dependent or who have disabilities; and   (b) youth care facilities;   (12) use the staff and services of other state agencies and units of the Montana university system, within their respective statutory functions, to carry out its functions under this title;   (13) contract, as necessary, for administration of child and adult protection services for each county; and   (14) adopt rules necessary to carry out the purposes of 52-2-612 and this chapter.   History: En. Sec. 5, Ch. 609, L. 1987; amd. Sec. 61, Ch. 83, L. 1989; amd. Sec. 7, Ch. 692, L. 1989; amd. Sec. 8, Ch. 655, L. 1991; amd. Sec. 1, Ch. 91, L. 1993; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 22, Ch. 458, L. 1995; amd. Sec. 335, Ch. 546, L. 1995; amd. Sec. 11, Ch. 171, L. 1997; amd. Sec. 49, Ch. 472, L. 1997; amd. Sec. 10, Ch. 571, L. 2001; amd. Sec. 102, Ch. 114, L. 2003.
MT Code § 52-1-104 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 1. Administration|Part 1. General|52-1-104. Department authorized to provide and set standards for supplementary payments

  52-1-104. Department authorized to provide and set standards for supplementary payments. (1) Except as provided in this section, the department may provide supplementary payments from state funds to recipients of supplemental security income for the aged, blind, or disabled under Title XVI of the Social Security Act of the United States or any future amendments to that act.   (2) The department may establish standards of assistance and apply them uniformly throughout the state and may determine individuals eligible for and the amount of supplementary payments under federal and state guidelines.   (3) The department may not provide supplementary payments under subsection (1) for persons who are residents of category B assisted living facilities licensed pursuant to 50-5-227.   History: (1)En. 71-210.2 by Sec. 1, Ch. 358, L. 1974; Sec. 71-210.2, R.C.M. 1947; (2)En. 71-210.3 by Sec. 2, Ch. 358, L. 1974; Sec. 71-210.3, R.C.M. 1947; R.C.M. 1947, 71-210.2, 71-210.3; Sec. 53-2-204, MCA 1985; redes. 52-1-104 by Sec. 114, Ch. 609, L. 1987; amd. Sec. 5, Ch. 590, L. 1993; amd. Sec. 8, Ch. 54, L. 2003.
MT Code § 52-1-105 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 1. Administration|Part 1. General|52-1-105. Repealed

  52-1-105. Repealed. Sec. 567, Ch. 546, L. 1995.   History: En. Sec. 9, Ch. 609, L. 1987.
MT Code § 52-1-106 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 1. Administration|Part 1. General|52-1-106. through 52-1-109 reserved

  52-1-106 through 52-1-109 reserved.
MT Code § 52-1-110 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 1. Administration|Part 1. General|52-1-110. Repealed

  52-1-110. Repealed. Sec. 253, Ch. 574, L. 2001.   History: En. Sec. 14, Ch. 609, L. 1987; amd. Sec. 9, Ch. 561, L. 1993; amd. Sec. 1, Ch. 443, L. 1995; amd. Sec. 336, Ch. 546, L. 1995.
MT Code § 52-1-201 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 1. Administration|Part 2. Local Service Areas|52-1-201. Local service areas

  52-1-201. Local service areas. The department shall organize its field offices into local service areas. The director shall take into consideration geographic boundaries used by local governments, judicial districts, and service agencies when creating local service areas.   History: En. Sec. 6, Ch. 609, L. 1987.
MT Code § 52-1-202 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 1. Administration|Part 2. Local Service Areas|52-1-202. Repealed

  52-1-202. Repealed. Sec. 16, Ch. 171, L. 1997.   History: En. Sec. 7, Ch. 609, L. 1987; amd. Sec. 2, Ch. 91, L. 1993.
MT Code § 52-1-203 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 1. Administration|Part 2. Local Service Areas|52-1-203. Repealed

  52-1-203. Repealed. Sec. 16, Ch. 171, L. 1997.   History: En. Sec. 8, Ch. 609, L. 1987; amd. Sec. 3, Ch. 91, L. 1993.
MT Code § 52-2-101 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 2. Children's Services|Part 1. Child Welfare Services|52-2-101. Definitions

  52-2-101. Definitions. As used in this part, the following definitions apply:   (1) "Child welfare services" means the establishing, extending, and strengthening of child welfare services, especially in predominantly rural areas, for the protection and care of abused or neglected children.   (2) "Department" means the department of public health and human services provided for in 2-15-2201.   History: (1), (2)En. Sec. 2, Part 6, Ch. 82, L. 1937; amd. Sec. 25, Ch. 264, L. 1955; amd. Sec. 49, Ch. 121, L. 1974; Sec. 71-706, R.C.M. 1947; (3), (4)En. 71-201.1 by Sec. 19, Ch. 121, L. 1974; Sec. 71-201.1, R.C.M. 1947; R.C.M. 1947, 71-201.1, 71-706; amd. Sec. 2, Ch. 447, L. 1987; amd. Sec. 87, Ch. 609, L. 1987; Sec. 53-4-101, MCA 1989; redes. 52-2-101 by Code Commissioner, 1991; amd. Sec. 9, Ch. 249, L. 1991; amd. Sec. 6, Ch. 356, L. 1993; amd. Sec. 56, Ch. 18, L. 1995; amd. Sec. 23, Ch. 458, L. 1995; amd. Sec. 337, Ch. 546, L. 1995.
MT Code § 52-2-102 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 2. Children's Services|Part 1. Child Welfare Services|52-2-102. Recognition of parental control of children -- placement with extended family

  52-2-102. Recognition of parental control of children -- placement with extended family. This title may not be construed as authorizing any state or county official, agent, or representative, in carrying out any of the provisions of this title, to take charge of any child over the objection of either of the parents of the child or the person standing in loco parentis to the child, except pursuant to a proper court order. When it is necessary to take charge of a child pursuant to a court order, the department shall, when it is in the best interests of the child and when the home is approved by the department, place the child with the child's extended family, including adult siblings, grandparents, great-grandparents, aunts, and uncles, prior to placing the child in an alternative protective or residential facility.   History: En. Subd. (k) and (l), Sec. 4, Part 6, Ch. 82, L. 1937; R.C.M; 1947, 71-713(part); Sec. 53-4-102, MCA 1989; redes. 52-2-102 by Code Commissioner, 1991; amd. Sec. 2, Ch. 494, L. 1995.
MT Code § 52-2-103 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 2. Children's Services|Part 1. Child Welfare Services|52-2-103. through 52-2-110 reserved

  52-2-103 through 52-2-110 reserved.
MT Code § 52-2-111 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 2. Children's Services|Part 1. Child Welfare Services|52-2-111. Administrative duties of department

  52-2-111. Administrative duties of department. (1) Subject to the authority and regulations of the department and in cooperation with the federal government, the department shall:  (a) adopt rules necessary to carry out the purposes of this part; and   (b) administer or supervise all child welfare services of the state.   (2) The department division responsible for administering child welfare services shall require all employees hired as district supervisors or supervisors of field staff to complete annual child welfare supervisory training.   (3) The annual child welfare supervisory training may be made available to qualifying child protection specialists who demonstrate an interest and aptitude in becoming a supervisor in the child protection system.   History: En. Subd. (a), (b), (c), (d), Sec. 4, Part 6, Ch. 82, L. 1937; Subd. (a) rep. Sec. 10, Ch. 117, L. 1941; amd. Sec. 31, Ch. 121, L. 1974; R.C.M. 1947, 71-708; amd. Sec. 88, Ch. 609, L. 1987; Sec. 53-4-111, MCA 1989; redes. 52-2-111 by Code Commissioner, 1991; amd. Sec. 146, Ch. 418, L. 1995; amd. Sec. 338, Ch. 546, L. 1995; amd. Sec. 1, Ch. 356, L. 2021.
MT Code § 52-2-112 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 2. Children's Services|Part 1. Child Welfare Services|52-2-112. Duty to strengthen child welfare services

  52-2-112. Duty to strengthen child welfare services. The department shall make provision for establishing and strengthening child welfare services, including protective services, and for care of children in registered or licensed family foster homes, child-care agencies, group homes, or treatment facilities. Payment provided under this section is made under the provisions of 41-3-115 and 52-2-611.   History: En. Subd. (e), Sec. 4, Part 6, Ch. 82, L. 1937; amd. Sec. 19, Ch. 129, L. 1939; amd. Sec. 32, Ch. 121, L. 1974; R.C.M. 1947, 71-709; amd. Sec. 5, Ch. 297, L. 1981; amd. Sec. 31, Ch. 465, L. 1983; Sec. 53-4-112, MCA 1989; redes. 52-2-112 by Code Commissioner, 1991; amd. Sec. 24, Ch. 458, L. 1995.
MT Code § 52-2-113 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 2. Children's Services|Part 1. Child Welfare Services|52-2-113. Child rehabilitation -- duties of department

  52-2-113. Child rehabilitation -- duties of department. The department shall:   (1) enforce all laws pertaining to children and take the initiative in all matters involving the interest of abused or neglected children;   (2) use funds allocated or appropriated to the department for the purpose of providing for the special medical or material needs of children with developmental disabilities or children with physical disabilities who are eligible for department programs;   (3) cooperate for the purposes of this part with all reputable child-helping and child-placing agencies; and   (4) inspect and register or license youth care facilities, child-placing agencies, and adoption agencies.   History: En. Subd. (f), (g), (h), Sec. 4, Part 6, Ch. 82, L. 1937; amd. Sec. 9, Ch. 117, L. 1941; amd. Sec. 27, Ch. 264, L. 1955; amd. Sec. 35, Ch. 37, L. 1977; R.C.M. 1947, 71-710; amd. Sec. 1, Ch. 398, L. 1987; amd. Sec. 89, Ch. 609, L. 1987; Sec. 53-4-113, MCA 1989; redes. 52-2-113 by Code Commissioner, 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 25, Ch. 458, L. 1995; amd. Sec. 50, Ch. 472, L. 1997.