reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.3 - Miscellaneous › Rule 23.15.306 - MENTAL HEALTH THERAPISTS

Current through Register Vol. 13, July 5, 2024
(1) The rules
				governing physicians apply to mental health therapists, subject to restrictions
				in this rule.
(2) A mental health
				therapist must be one of the following to receive payment from the crime
				victims fund:
(a) medical doctor;
(b) licensed clinical
				psychologists;
(c) licensed social
				worker;
(d) licensed professional
				counselor;
(e) mental health center
				for services of any of the therapists listed in this section.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.3 - Miscellaneous › Rule 23.15.307 - COMPENSATION BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) Compensation
				benefits payable to a claimant or on his behalf are computed by subtracting
				from the claimant's expenses any payments made by the offender or other
				collateral source. The unpaid expense is subject to the statutory maximums and
				percentage of victim contribution.
(2) Payments from a collateral source for one
				type of expense may be used to offset other types of expenses once the original
				expense type has been paid.
(3)
				Payment by a collateral source to a claimant or a service provider for expenses
				also paid for by the crime victims fund creates an immediate debt to the crime
				victims fund, regardless of the length of time between the payments. The
				claimant is responsible for repayment of the debt. The collateral source may
				pay the fund directly rather than the claimant or service provider.
Sec.
					 53-9-104,
					 MCA; IMP, Sec.
					 53-9-103,
					 53-9-125,
					 53-9-128,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.3 - Miscellaneous › Rule 23.15.308 - CONTRIBUTION

Current through Register Vol. 13, July 5, 2024
(1) Under
				53-9-125,
				MCA, a victim contributed to the infliction of death or bodily injury with
				respect to which a claim is made if the victim's actions are causally connected
				to the resulting injuries and such injuries were reasonably foreseeable at the
				time of his or her contributing actions.
53-9-104,
					 MCA; IMP,
					 53-9-125,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.3 - Miscellaneous › Rule 23.15.309 - SICK LEAVE

Current through Register Vol. 13, July 5, 2024
(1) Sick leave
				payments are not considered wages for the purpose of determining if a victim
				qualifies for wage loss compensation, but sick leave payments received during
				the actual loss of wages are used to offset wage compensation
				benefits.
53-9-104,
					 MCA; IMP,
					 53-9-128,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.3 - Miscellaneous › Rule 23.15.310 - SUBROGATION AND ATTORNEY FEES

Current through Register Vol. 13, July 5, 2024
(1) The
				claimant must advise the unit when a civil action is initiated by the claimant
				against the offender or another collateral source. The claimant must provide
				the name and address of his or her attorney to the unit.
(2) The claimant or his or her attorney must
				provide a copy of the fee agreement between the claimant and attorney to the
				unit. The unit will provide a copy of the office's determination or order
				awarding or denying compensation benefits and any necessary documents to the
				attorney.
(3) At the conclusion of
				the civil action, if the office recovers under its subrogation interest and the
				claimant wishes to recover a proportional share of costs and attorney fees from
				the office, the claimant or his or her attorney must provide an itemized list
				of the litigation costs and attorney fees to the office.
(a) After receiving its subrogation interest,
				the office will authorize payment of its share of costs and attorney fees to
				the claimant as reimbursement if the claimant has properly paid all fees and
				costs, or to the attorney if the claimant has not paid such fees and
				costs.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.4 - Forensic Rape Examination Payment Program › Rule 23.15.401 - FORENSIC RAPE EXAMINATION PAYMENT PROGRAM-PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The forensic rape examination payment
				program (FREPP) covers the costs of providing sexual assault forensic
				examinations for victims of an alleged incident of sexual intercourse without
				consent, sexual assault, or incest who choose not to report the alleged
				incident to law enforcement. FREPP supplies medical providers with forensic
				rape examination kits at no charge.
46-15-411,
					 MCA; IMP,
					 2-15-2014,
					 46-15-411,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.4 - Forensic Rape Examination Payment Program › Rule 23.15.402 - FORENSIC RAPE EXAMINATION PAYMENT PROGRAM COVERAGE GUIDELINES

Current through Register Vol. 13, July 5, 2024
(1) To be eligible to receive FREPP coverage,
				a victim must have a forensic rape examination performed within 72 hours of the
				alleged sexual assault and must choose not to report the alleged incident to
				law enforcement.
(2) To be eligible
				for reimbursement by FREPP the forensic rape examination must be:
(a) performed by a physician or by other
				medical providers who have been trained to gather evidence of a sexual assault
				in a manner suitable for use in a court of law; and
(b) a forensic rape examination kit supplied
				by FREPP must be used.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.4 - Forensic Rape Examination Payment Program › Rule 23.15.403 - PROCESSING AND RETURN OF FORENSIC RAPE EXAMINATION KITS

Current through Register Vol. 13, July 5, 2024
(1) Forensic rape examination kits, which
				include evidence obtained as a result of the examination, the medical record
				sexual assault form, and any other paperwork accompanying the examination,
				should be mailed to the Office of Victim Services, ATTN: FREPP, P.O. Box
				201410, 1712 9th Ave., Helena, MT 59620-1410, as soon as reasonably possible
				and preferably within 24 hours of completion of the examination.
(2) FREPP recommends that forensic rape
				examination kits be sent via federal express or UPS, overnight
				delivery.
46-15-411,
					 MCA; IMP,
					 46-15-411,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.4 - Forensic Rape Examination Payment Program › Rule 23.15.404 - PROVIDER BILLING AND REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1)
				To be eligible for reimbursement for the covered costs of the forensic rape
				examination, the medical provider must, within 90 days of performing the
				examination:
(a) submit the FREPP claim
				form;
(b) provide a copy of the
				patient information form;
(c)
				provide an itemized statement of charges listing current procedural terminology
				(CPT) codes on a standard health care financing administration (HCFA) form;
				and
(d) provide copies of all
				pertinent treatment records.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.4 - Forensic Rape Examination Payment Program › Rule 23.15.405 - ADMINISTRATION OF THE FORENSIC RAPE EXAMINATION PAYMENT PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) FREPP will maintain a database of all
				forensic rape examination kits received.
(2) FREPP will store forensic rape
				examination kits for a minimum of 60 days.
(3) FREPP will maintain the confidentiality
				of the victim's identity and the forensic rape examination.
(4) In the event that a victim chooses to
				report the alleged sexual assault to law enforcement and the forensic rape
				examination kit has not been destroyed, FREPP will provide the kit, upon
				request, to law enforcement.
46-15-411,
					 MCA; IMP,
					 46-15-411,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.4 - Forensic Rape Examination Payment Program › Rule 23.15.406 - LAW ENFORCEMENT'S RESPONSIBILITY TO PAY

Current through Register Vol. 13, July 5, 2024
(1) If FREPP has provided coverage for a
				forensic rape examination and the victim later reports the offense to law
				enforcement, in accordance with
				46-15-411,
				MCA, law enforcement must reimburse FREPP for the cost of the
				examination.
(2) Section (1) does
				not apply if the forensic rape kit has been destroyed.
46-15-411,
					 MCA; IMP,
					 46-15-411,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.5 - Address Confidentiality Program › Rule 23.15.501 - ADDRESS CONFIDENTIALITY PROGRAM - PURPOSE AND GOAL

Current through Register Vol. 13, July 5, 2024
(1) The purpose of the address
				confidentiality program is to allow a victim of domestic violence, sexual
				assault or stalking to register for a confidential address. The program is
				designed to provide assistance to qualifying victims wishing to protect their
				address by providing the victim with a substitute address.
(2) The goal of the program is to contribute
				to a victim's overall safety. However, applicants should be aware that while
				the office of victim services will strive to keep a victim's information
				confidential, the office cannot guarantee a victim's safety nor can it prevent
				a perpetrator from finding out a victim's address from another
				source.
40-15-120, MCA;
					 IMP,
					 40-15-115,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.5 - Address Confidentiality Program › Rule 23.15.502 - APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) To apply for the address confidentiality
				program, an applicant must:
(a) be a resident
				of the state of Montana;
(b) be a
				victim of partner family member assault, sexual assault, or stalking as defined
				by
				40-15-116,
				MCA; and
(c) complete the office of
				victim services address confidentiality application form. The application must,
				at a minimum, include:
(i) a copy of the
				victim's driver's license or some other form of identification verifying the
				victim is a resident of Montana;
(ii) a statement providing information that
				establishes the victim has been a victim of partner family member assault,
				sexual assault, or stalking;
(iii)
				if available, a copy of an applicable record of conviction or order of
				protection;
(iv) the address the
				victim requests to be kept confidential;
(v) a telephone number where the victim can
				be reached; and
(vi) a statement
				indicating whether the applicant wishes to register to vote or, if registered,
				to change the applicant's address for voter registration.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.5 - Address Confidentiality Program › Rule 23.15.503 - ISSUANCE OF SUBSTITUTE ADDRESS

Current through Register Vol. 13, July 5, 2024
(1) The
				office of victim services will approve all properly submitted applications
				within five business days after the application is received.
(2) Upon approval, the office of victim
				services will:
(a) issue a substitute address
				to the participant;
(b) receive
				mail and service of process addressed to the participant; and
(c) forward to the participant any service of
				process or first class mail, excluding packages larger than a manila envelope,
				received on the participant's behalf.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.5 - Address Confidentiality Program › Rule 23.15.504 - CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) The office of victim services will
				protect the confidentiality of application materials and a participant's
				substitute address.
(2) A victim's
				application materials and substitute address will only be disclosed if:
(a) requested by a law enforcement agency;
				or
(b) ordered by a court of
				competent jurisdiction.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.15 - OFFICE OF VICTIMS SERVICES › Subchapter 23.15.5 - Address Confidentiality Program › Rule 23.15.505 - CANCELLATION OF SUBSTITUTE ADDRESS

Current through Register Vol. 13, July 5, 2024
(1) Except
				as provided in (2), a substitute address issued under ARM
				23.15.503 is valid for four years
				after issuance.
(2) A participant
				who wants the substitute address to continue after four years must, on the form
				provided by the office of victim services:
(a) provide notice of the participant's
				request that the substitute address be continued; and
(b) provide a notarized statement that the
				participant remains in imminent danger and that continuation of the substitute
				address is in the participant's best interest.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used throughout this chapter, the following definitions
				  apply:
(1) "AARS" (automated
				accounting and reporting system) means a system that, at a minimum, is used to
				electronically report VGM accounting data to the State of Montana.
(2) "Accounting system vendor" means a person
				who sells or leases an accounting system to a licensed gambling manufacturer,
				route operator, or gambling operator to be utilized as an approved automated
				AARS, as provided in
				23-5-637,
				MCA.
(3) "Active investor" means a
				beneficial owner as defined by the U.S. Securities and Exchange Commission
				(SEC) which includes an individual or group of individuals who directly or
				indirectly own 5% or more of a publicly traded corporation and directly or
				indirectly share voting power or investment power, including anyone who would
				be required to file a Schedule 13D with the SEC.
(4) "Control" means the power to cause or
				direct management and policies through ownership, contract, or
				otherwise.
(5) "Day" means the
				period of time, or any portion thereof, between any midnight and the midnight
				following.
(6) "Dealer" means a
				person who:
(a) deals playing cards in a card
				game of panguingue or poker; and
(b) may accept wagers and dispense winnings
				in a card game of panguingue or poker.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.102 - APPLICATION FOR GAMBLING LICENSE - LICENSE FEE

Current through Register Vol. 13, July 5, 2024
(1) Every person working or acting as a card
				dealer, operator, route operator, card room contractor, manufacturer,
				distributor, manufacturer of electronic live bingo or keno equipment, sports
				tab game seller, accounting system vendor, or manufacturer of illegal devices,
				as defined by Title 23, chapter 5, MCA, and by these rules, any nonprofit
				organization, or any other person required by statute or rule to hold a license
				issued by the department, must possess a valid license issued by the
				department. All licenses expire annually at midnight on June 30 unless
				otherwise provided for in these rules. All owners or owners of an interest, as
				that term is defined under ARM
				23.16.101,
				are considered applicants for all licensing purposes within this
				chapter.
(2) An application for a
				gambling license must be submitted to the Department of Justice, Gambling
				Control Division, on forms prescribed by the department and described herein.
				The application is not complete unless it is signed and dated by all or any
				applicant(s) and contains all information, statements, documentation, and fees
				required by the department. An applicant applying for a gambling operator
				license prior to approval of a premises under
				23-5-177,
				MCA, must submit an electronic application.
(3) The application must also contain:
(a) authorization for the examination and
				release of information for use in assessing a gambling license
				application;
(b) one or more
				personal history statements (Form 10), as required in the
				application;
(c) a complete set of
				fingerprints, on Form FD-258 provided by the department, obtained and certified
				by a local law enforcement agency, the department, or a private security
				company approved by the department for each person required to complete a
				personal history statement;
(d) any
				license or processing fee required by Title 23, chapter 5, MCA, or these rules;
				and
(e) any additional information,
				statements, or documentation required in the rules applicable to those
				licenses.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.103 - INVESTIGATION OF APPLICANTS, FINGERPRINTS TO BE REQUIRED - DISCLOSURE FROM NONINSTITUTIONAL LENDER

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for a gambling license must make full disclosure of all information, and
				provide fingerprints as required by the department, these rules, and Title 23,
				chapter 5, MCA.
(2) The department
				may, at its discretion, require additional information, documentation, or
				disclosure from an applicant for a gambling license.
(3) The department may require any
				noninstitutional lender to complete a document (Form 13) authorizing
				examination and release of information and (Form 10) a personal history
				statement on the lender, fingerprints on a form provided by the department, as
				well as any contract, statement, or other document from the lender deemed
				necessary to assess the suitability of an applicant's funding source as
				required in
				23-5-176,
				MCA. The document must be signed and dated by the lender and attested to by a
				notary public. Forms 10, 13, and FD-258 are available at any Gambling Control
				Division office location, or on the department's web site
www.dojmt.gov/gaming
.
AUTH:
					 23-5-115,
					 MCA; IMP:
					 23-5-112,
					 23-5-115,
					 23-5-118,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.104 - PROCESSING OF GAMBLING LICENSE APPLICATION

Current through Register Vol. 13, July 5, 2024
(1)
				Upon receipt of an application for a gambling license, the department must make
				a thorough investigation as to the qualifications of the applicant for
				licensure. If, upon conclusion of such investigation, the applicant appears
				qualified under the law, a license must be issued if all requirements of the
				law and these rules are fulfilled.
(2) If the department issues a gambling
				operator license prior to approval of a premises under
				23-5-117, MCA:
(a) the licensee must, within six months of
				the license approval, electronically submit an application for premises
				approval, which the department will investigate under standards outlined in
				23-5-117, MCA;
				and
(b) the licensee may not offer
				any gambling activity until the premises has been approved.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.105 - WITHDRAWAL OF APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				may request withdrawal of an application at any time prior to final department
				action upon the application by filing a written request to withdraw. The
				department will respond within 30 days of receipt of the applicant's request
				for withdrawal.
(2) The department
				may, in its discretion, grant the request with or without prejudice. If the
				division's decision to grant a request to withdraw an application is made with
				prejudice, it must be based on a finding that the applicant has engaged or is
				engaging in an act or practice constituting a violation of a provision of Title
				23, chapter 5, MCA, or a rule or order of the department, or that the applicant
				is a person whom the department determines is not qualified to receive a
				license under
				23-5-176,
				MCA, or ARM
				23.16.107. This decision is
				subject to challenge pursuant to the Montana Administrative Procedure
				Act.
(3) If a request for
				withdrawal is granted with prejudice, the applicant is not eligible to apply
				again for licensing or approval until after expiration of one year from the
				date of the final department action upon the decision to grant the withdrawal
				of the application with prejudice.
23-5-115,
					 MCA; IMP,
					 23-5-115,
					 23-5-136,
					 23-5-176,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.106 - ELECTRONIC SUBMISSION OF DOCUMENTS AND ELECTRONIC SIGNATURES

Current through Register Vol. 13, July 5, 2024
(1) The department may accept electronic
				submission of certain documents through the licensing portal.
(2) An electronically submitted document is
				only complete if:
(a) all requested
				information is provided; and
(b)
				the submitter is the applicant, licensee, or an authorized representative of
				the applicant or licensee.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.107 - GROUNDS FOR DENIAL OF GAMBLING LICENSE, PERMIT, OR AUTHORIZATION

Current through Register Vol. 13, July 5, 2024
(1) With respect to any gambling license,
				permit, or authorization, the department may deny initial issuance, or, if
				issued, deny renewal or take any action authorized in
				23-5-136,
				MCA, when the department can demonstrate that the applicant or holder of such
				license, permit or authorization has:
(a)
				concealed, failed to disclose, or otherwise attempted to mislead the department
				with respect to any material fact contained in the application or contained in
				any other information required of or submitted by an applicant or licensee for
				any licensing purpose;
(b)
				purposely or knowingly failed to comply with Title 23, chapter 5, MCA, or these
				rules;
(c) been convicted of any
				felony within five years of the date of application;
(d) been placed and remains on probation or
				parole or under deferred prosecution for committing a felony;
(e) purposely or knowingly possessed or
				permitted to remain in or upon any premise licensed for gambling activity any
				device designed for the purpose of cheating or manipulating the outcome of any
				gambling activity or gambling enterprise authorized by Title 23, chapter 5,
				MCA;
(f) been prohibited by a
				governmental authority from being present upon the premises of any gambling
				establishment or gambling enterprise or any establishment where parimutuel
				wagering is conducted for any reason relating to improper gambling activities
				or any illegal act;
(g) failed to
				cooperate with any legislative investigative committee or other officially
				constituted body acting on behalf of the United States or any state, county, or
				municipality which seeks to investigate crimes relating to gambling, corruption
				of public officials, or any organized criminal activities;
(h) failed within a reasonable time to supply
				records within the applicant's or licensee's control requested by the
				department in any license or permit application or renewal application, or in
				any financial audit initiated by the department or ordered through
				administrative or court action;
(i) had any action taken against a gambling
				license by any agency of the state of Montana or other jurisdiction, which
				resulted in a final order declaring a violation or a conviction of any crime
				which is contrary to the declared gambling policy of the state of Montana;
(j) been voluntarily or
				involuntarily dissolved as an entity;
(k) failed to meet other qualifications for
				licensure as set forth in
				23-5-176,
				MCA;
(l) had a gambling license
				denied for other than technical defects in the application.; or
(m) failed to apply for or receive approval
				of a premises within the timeframe required in ARM
				23.16.502.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.108 - RECOURSE IN CASES OF DENIAL OR NONRENEWAL OF GAMBLING LICENSE - HEARING, JUDICIAL REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Upon completion
				by the department of its investigation of an applicant's qualifications for
				licensure, the department shall notify the applicant in writing of its intended
				action. If the applicant desires a hearing, a written request for a hearing
				must be submitted to the department within 20 days.
(2) Upon receipt by the department of a
				written request for hearing, all proceedings involving the denial or nonrenewal
				of a gambling license shall be conducted in accordance with the Montana
				Administrative Procedure Act and the Attorney General's Model Rules of
				Procedure. The applicant shall notify the appointed hearing officer whether the
				applicant waives or invokes the confidentiality requirements of
				23-5-115,
				MCA.
23-5-115,
					 MCA; IMP,
					 23-5-115,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.109 - RENEWAL OF GAMBLING LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Renewal of
				an existing gambling license must be accomplished by submitting a renewal
				application on forms prescribed by the department. A renewal application is not
				complete unless it is signed and dated by the applicant and contains all
				information, statements, and documentation required by the
				department.
(2) Any renewal or
				annual fee required by Title 23, chapter 5, MCA, or these rules, must accompany
				each renewal application.
23-5-115,
					 MCA; IMP,
					 23-5-115,
					 23-5-177,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.110 - ASSOCIATED GAMBLING BUSINESS LICENSE

Current through Register Vol. 13, July 5, 2024
(1)
				Except where licensure is required by Title 23, chapter 5, MCA, or under these
				rules, an associated gambling business license is a license the department may
				issue to a person or entity whose business provides products or services to a
				licensed gambling business and:
(a) possesses
				or maintains control over gambling equipment or devices;
(b) has access to gambling related trade
				secrets, or proprietary, confidential, or tax information; or
(c) is a party to a gambling
				transaction.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.111 - REAPPLICATION RULE (REPEALED)

Current through Register Vol. 13, July 5, 2024
23-5-115,
					 MCA; IMP,
					 23-5-115,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.115 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
23-5-115,
					 MCA; IMP,
					 23-5-118,
					 23-5-176,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.116 - TRANSFER OF INTEREST AMONG LICENSEES

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in (9) and (10), an existing owner of a licensed gambling
				operation may transfer an ownership interest to another existing owner of that
				same licensed gambling operation without receiving prior Gambling Control
				Division approval. Upon the licensee's next license renewal application, the
				licensee must file with GCD the form(s), information, and records required by
				the applicable section of this rule.
(2) Gambling activity may continue pending
				the outcome of a license investigation for a proposed transfer of ownership due
				to the death of a licensee under joint tenancy with right of survivorship as
				long as the person to whom the interest is transferred is already listed as an
				owner in the licensed operation and joint tenancy had been documented and
				approved in the original license application. The transfers must be reported on
				Form 37 along with the following documents:
(a) death certificate;
(b) will of the deceased, if any; and
(c) copy of the licensee's most
				recent financial statements or tax return.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.117 - TRANSFER OF INTEREST TO NEW OWNER

Current through Register Vol. 13, July 5, 2024
(1) Except
				as provided in (7), (8), (9), and (10), an ownership interest may not be
				transferred to a stranger to the license until a new gambling license
				application reflecting the proposed transfer is submitted to the department and
				the department approves the transfer.
(2) The gambling license application must
				include:
(a) the annual license fee, if
				applicable, and the processing fee required for the specific license; and
(b) a copy of the proposed
				agreement to transfer the interest.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.118 - ESCROW REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (3), money or any other thing of value constituting consideration
				for transferring an interest in a licensed gambling operation to a stranger to
				the license may not be paid, received, or used until the provisions of ARM
				23.16.117 have been met. However,
				the funds may be placed in escrow pending compliance with these
				provisions.
(2) Except as provided
				in ARM 23.16.120, a loan, pledge, or
				similar transaction between the parties to the proposed transfer or with other
				parties associated with the transfer may be deemed a violation of this
				rule.
(3) Funds related to the
				transfer of an interest in a licensed gambling operation may be exchanged or
				released from escrow when temporary gambling authority is granted under ARM
				23.16.509.
AUTH:
					 23-5-115,
					 MCA; IMP:
					 23-5-118,
					 23-5-176,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.119 - PARTICIPATION IN OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in ARM
				23.16.509, a stranger to the
				license who proposes to acquire an ownership interest in a licensed gambling
				operation may not control or participate in any capacity reflecting ownership
				in that operation until the applicant's license has been approved by the
				department as provided for in ARM
				23.16.117.
(2) If a person has been employed by the
				licensed gambling operation for more than six consecutive months before
				submitting to the department the application required in ARM
				23.16.116 or 23.16.117, the
				employee may continue to be employed pending department action.
AUTH:
					 23-5-115,
					 MCA; IMP:
					 23-5-115,
					 23-5-118,
					 23-5-176,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.120 - LOANS AND OTHER FORMS OF FINANCING

Current through Register Vol. 13, July 5, 2024
(1) Except
				as provided in (4), (5), (6), and (7), if a gambling licensee or license
				applicant proposes to acquire a loan or other forms of financing from a
				noninstitutional source for use in his licensed gambling operation or grant a
				security interest to a noninstitutional source, the department must approve the
				contract or security interest transfer before any funds from the loan or
				financing may be received or expended by the licensee or license applicant and
				before the security interest may be transferred.
(2) Except as provided in (4) and (5), a
				gambling licensee proposing to lend money to or acquire a security interest
				from, another gambling licensee must receive written confirmation of department
				approval of the loan, or security interest transfer before any funds from the
				loan may be transferred to or expended by the borrower licensee and before the
				security interest may be transferred.
(3) All licensees who propose to acquire
				loans or grant security interests in their licensed gambling operation, must
				notify the department in writing prior to acquiring the loan from a
				noninstitutional source, or transferring a security interest to a
				noninstitutional source. The notice, which is to be signed under oath, must
				include:
(a) the names and addresses of all
				parties to the loan or transfer;
(b) the amount and source of the loan funds
				or amount and source of the funds used to acquire the security
				interest;
(c) the nature and amount
				of the security provided for the loan or security interest;
(d) the purpose of the loan or transfer of
				the security interest.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.121 - LEASING OF LICENSE PROHIBITED

Current through Register Vol. 13, July 5, 2024
(1) A
				gambling license or permit is a privilege personal to the gambling licensee and
				may not be leased, assigned, or transferred to another person.
(2) The department's examination to determine
				the existence of a lease or other similar arrangement includes, but is not
				limited to, the following factors:
(a) the
				nature of various employment relationships (e.g., "lessee"/"lessor",
				"lessee"/gambling-related employees, "lessor"/gambling-related employees)
				;
(b) responsibility for
				liabilities (e.g., payment of taxes, insurance, rent; liability for injury;
				violations of law) ;
(c) methods
				and amounts of reimbursement (e.g., to "lessor", to "lessee") ;
(d) eventual transfer of business;
				and
(e) any other evidence
				indicating the existence of a lease or other method of conveyance.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.122 - LOAN EVALUATION - GUARANTOR PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				department will evaluate a transaction to determine if it is a loan using
				standards in the Uniform Commercial Code, the Internal Revenue Code, and
				generally accepted commercial lending practices. Loans will also be evaluated
				in the context of overall financing of the business to determine that a loan
				rather than an ownership interest exists and that the contract does not grant
				the lender control of the licensed operation.
(2) For loans made to a license applicant or
				licensee, a noninstitutional lender may require loan guarantees and may secure
				guarantee agreements with assets of the guarantor. The license applicant or
				licensee must ensure the following requirements are met:
(a) guarantors must meet the requirements of
				23-5-176,
				MCA, prior to closing the noninstitutional loan;
(b) a loan guarantor on a noninstitutional
				loan must within 90 days of any payment under the guarantee elect to treat
				payments made under a loan guarantee agreement as loans, paid in capital, or
				other equity contributions.
(i) If the
				guarantor elects to treat the payments as loans to the licensee, the licensee
				must follow requirements for disclosing noninstitutional lenders found in ARM
				23.16.120(7).
(ii) If the guarantor elects to treat
				payments as an equity contribution, and such election changes the percentage of
				ownership in the license, an amended license application must be filed with the
				department at the time of the election to disclose the change.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.125 - CHANGE OF ALCOHOLIC BEVERAGE LICENSE TYPE

Current through Register Vol. 13, July 5, 2024
(1) Except as otherwise required by ARM
				23.16.116
				or ARM
				23.16.117,
				when an owner of a gambling operator license changes the type of alcoholic
				beverage license, the owner must submit an amended gambling license application
				on Form 39 and obtain department approval.
(2) The department may conduct an
				investigation to determine whether the proposed change of the license type
				meets the licensure requirements in
				23-5-176,
				MCA, and department rules.
(3) The
				applicant may continue to operate during the time the amended application is
				being processed.
AUTH:
					 23-5-115,
					 MCA; IMP:
					 23-5-119,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.126 - CHANGE OF LOCATION

Current through Register Vol. 13, July 5, 2024
(1) Except as
				otherwise required by ARM
				23.16.116 or ARM
				23.16.117, when an owner of a
				gambling operator license changes the location of the alcoholic beverage
				license, the owner must submit an amended gambling license application and
				obtain department approval.
(2) A
				licensed manufacturer, distributor, or route operator may report a change of
				location on a Form 37 amended application.
(3) The department may conduct an
				investigation to determine whether the proposed change meets the licensure
				requirements in
				23-5-176,
				MCA, and department rules.
(4) The
				gambling operator may continue to operate at the current location during the
				time the amended application is being processed.
23-5-115,
					 MCA; IMP,
					 23-5-117,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.127 - CHANGE IN BUSINESS ENTITY TYPE

Current through Register Vol. 13, July 5, 2024
(1) Except
				as otherwise required by ARM
				23.16.116 or ARM
				23.16.117, when the owner of a
				gambling operator license proposes a change in business entity, the owner must
				submit an amended gambling license application on Form 39 and obtain department
				approval.
(2) The department may
				conduct an investigation to determine whether the proposed change meets the
				licensure requirements in
				23-5-176,
				MCA, and department rules.
(3) The
				applicant may continue to operate during the time the amended application is
				being processed.
23-5-115,
					 MCA; IMP,
					 23-5-115,
					 23-5-118,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.1 - Gambling Licenses, Generally › Rule 23.16.130 - TRANSFERS OF OWNERSHIP INTERESTS IN LOCATIONS THAT DO NOT POSSESS AN ON PREMISE CONSUMPTION ALCOHOLIC BEVERAGE LICENSE GRANDFATHERED FOR THE PURPOSE OF OBTAINING PERMITS TO OPERATE VIDEO GAMBLING MACHINES

Current through Register Vol. 13, July 5, 2024
(1) The two types of locations that do not
				possess an on premise consumption alcoholic beverage license and were
				grandfathered for the purpose of obtaining permits to operate video gambling
				machines are distinguished for the purpose of transferring ownership of the
				location. Premises operated for the principal purpose of gaming may be sold,
				assigned or transferred to a stranger to the license and retain the right to
				obtain video gambling machine permits. Ownership interests in premises that
				were not operated for the principal purpose of gaming cannot be sold, assigned
				or transferred to a stranger to the license and maintain the ability to permit
				video gambling machines.
(2) Both
				gaming and nongaming premises may transfer ownership of the licensed gaming
				operation to another form of business organization and retain the right to
				permit video gambling machines as long as no individuals who are strangers to
				the license are assigned an ownership interest.
23-5-115,
					 MCA; IMP,
					 23-5-306,
					 23-5-611,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.2 - Gambling, Generally › Rule 23.16.201 - INSPECTION OF LICENSED PREMISES, RECORDS, AND DEVICES

Current through Register Vol. 13, July 5, 2024
(1) Any licensed premise where
				gambling-related activity is conducted or any premise connected to the
				operation of a licensed gambling-related activity shall at all times during
				normal business hours be open to inspection by the department or local law
				enforcement official in order to determine compliance with the law of Montana
				and rules of the department.
(2) At
				any time during which a licensed gambling activity is being operated upon a
				premise, the department may enter upon the premise without advance notice and:
(a) inspect the records related to the
				operation of any licensed gambling activity;
(b) inspect, including the dismantling and
				reassembly of, all pieces of equipment and parts thereof, or devices of any
				nature which are being used to conduct the licensed activity; and
(c) make a count of all monies involved in
				the operation of the licensed activity located on the premise.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.2 - Gambling, Generally › Rule 23.16.202 - CREDIT PLAY PROHIBITED

Current through Register Vol. 13, July 5, 2024
(1) Except as
				otherwise required by ARM
				23.16.116
				or ARM
				23.16.117,
				when an owner of a gambling operator license changes the type of alcoholic
				beverage license, the owner must submit an amended gambling license application
				on Form 39 and obtain department approval.
(2) The department may conduct an
				investigation to determine whether the proposed change of the license type
				meets the licensure requirements in
				23-5-176,
				MCA, and department rules.
(3) The
				applicant may continue to operate during the time the amended application is
				being processed.
(4) All checks
				issued to a gambling operator for cash to participate in a gambling activity
				must be fully completed by the drafter (owner of the account). A completed
				check must include the name of the gambling licensee to whom it is payable, the
				amount of the check, the date upon which it was written, and the signature of
				the drafter. Evidence of a gambling licensee's routine pattern or practice of
				accepting checks omitting one or more of these elements raises a disputable
				presumption under ARM
				23.16.3001
				of illegal credit gambling.
(5)
				Checks returned from a banking institution labeled "dishonored" or
				"non-sufficient funds" are not subject to the same date requirements of this
				rule.
(6) A licensee may accept
				debit cards to provide cash to customers for gambling purposes. The customer
				must present the debit card and the cardholder must enter a PIN number.
(7) No licensee may accept credit
				cards for cash advances or the sale of items that may be redeemed for cash,
				such as gambling chips, money orders, checks, electronic checks (e-checks),
				vouchers, travelers' checks, wire transfers, or gift cards. The sum of a credit
				card transaction may not exceed the actual price charged for food, beverages,
				items offered for sale, tax where applicable, any service tip offered to and
				retained by the licensee's staff plus any credit card transaction fee charged
				the customer.
(8) Any merchandise
				or services purchased from a licensee with a credit card may be refunded or
				reimbursed through an adjustment to the customer's credit card account, and not
				by a cash refund unless, as provided in
				30-14-108(4),
				the gift card was originally purchased for an amount in excess of $5 and the
				amount remaining on the card is less than $5.
(9) The play of authorized card games which
				are normally scored using points is not considered credit gambling.
AUTH:
					 23-5-115,
					 MCA; IMP:
					 23-5-115,
					 23-5-157,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.2 - Gambling, Generally › Rule 23.16.203 - ADMINISTRATIVE PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) The department
				is authorized to investigate gambling activities, alleged violations of Title
				23, chapter 5, MCA, and these rules, and all applications for licenses,
				permits, authorizations, and registrations. The department may inspect records
				and audit financial activities bearing on holders of, or applicants for, any
				gambling license, permit, authorization, or registration. Upon completion by
				the department of its investigation of any matter within its jurisdiction, the
				department shall notify the person involved of its intended action. A person
				desiring a hearing to challenge the intended action must submit a written
				request to the department within 20 days as provided in ARM
				23.16.108.
(2) If the subject of an investigation fails
				within a reasonable time to supply the department with records specifically
				requested by the department and within the subject's control, the department
				may complete its investigation by:
(a) denying
				the license, permit, authorization, or registration that is the subject of the
				investigation; and/or
(b) taking
				any action authorized in
				23-5-136,
				MCA.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.16 - GAMBLING CONTROL DIVISION › Subchapter 23.16.2 - Gambling, Generally › Rule 23.16.204 - PROCEDURE FOR ADMISSION OF HEARSAY EVIDENCE

Current through Register Vol. 13, July 5, 2024
(1) Notwithstanding any provision of the
				Montana Administrative Procedure Act or the Attorney General's Model Rules of
				Procedure to the contrary, hearsay evidence may be submitted in a proceeding
				before the Gambling Control Division if it meets the requirements of
				23-5-138,
				MCA. The evidence must be submitted to the hearing examiner and to the
				respondent at least 30 days before the hearing at which it is to be considered.
				The evidence must be accompanied by a motion and if necessary a supporting
				brief. The respondent shall be given an opportunity to object to the evidence
				and request a prehearing conference at which its admissibility is considered.
				The hearing examiner shall issue a written ruling on the admissibility of the
				evidence at least ten days prior to the hearing in the matter.
23-5-115,
					 MCA; IMP,
					 23-5-138,
					 MCA;