reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.2 - Hemp Processing Definitions and License Applications › Rule 4.19.202 - HEMP PROCESSING FOR A COMMODITY DEALER

Current through Register Vol. 13, July 5, 2024
(1) A
				person or entity with a Hemp Processing License for calendar year 2019 to 2020
				may contract with licensed Montana hemp producers without a Commodity Dealer
				License under the following conditions:
(a)
				the hemp producer acknowledges the hemp processor is not a licensed commodity
				dealer in Montana, meaning the processor does not have a commodity dealer bond,
				by signing a written statement;
(b)
				the total amount of contracted hemp does not exceed $10 million; or
(c) they are purchasing or processing hemp
				stalks for fiber.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.19 - INDUSTRIAL HEMP PROGRAM › Subchapter 4.19.2 - Hemp Processing Definitions and License Applications › Rule 4.19.203 - PROCESSING WITH A GROWER'S LICENSE

Current through Register Vol. 13, July 5, 2024
(1) A
				licensed grower vertically integrated as a hemp processor must abide by all
				state, tribal, USDA, FDA, and DEA requirements related to the processing,
				handling, and distribution of hemp and hemp derivatives, including the
				transportation of interim products that contain greater than 0.3% Total THC.
AUTH:
					 80-1-102,
					 80-18-107,
					 MCA; IMP:
					 80-18-102,
					 80-18-103,
					 80-18-111,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.20 - MEDIATION SERVICES › Subchapter 4.20.1 - Mediation Services › Rule 4.20.101 - MEDIATION SERVICES OF THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1)
				The department may provide mediation to federal and state programs for which it
				is designated or has contractually agreed to provide services.
(2) The department may provide additional
				mediation services for other agricultural disputes if it does not have a direct
				conflict.
(3) The department may
				only provide these services if it has sufficient staff and funds
				available.
AUTH:
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA; IMP:
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.20 - MEDIATION SERVICES › Subchapter 4.20.1 - Mediation Services › Rule 4.20.102 - REQUEST FOR MEDIATION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) A party
				wishing to use the department's mediation services for a mediation will request
				in writing that the department schedule a mediation.
(2) The request must state the parties
				involved and the nature of the dispute.
(3) The department will either send out a
				formal Notice of Mediation or Denial of Mediation under ARM 4.20.106.
(4) For a mediation to be docketed, both
				parties must consent to it.
AUTH:
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA; IMP:
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.20 - MEDIATION SERVICES › Subchapter 4.20.1 - Mediation Services › Rule 4.20.103 - FEES

Current through Register Vol. 13, July 5, 2024
(1) The department will charge $200 per hour
				for mediations.
(2) The parties
				will split the total cost equally and each party will be responsible for their
				portion of each mediation.
(3)
				These fees are to be paid at the end of each session.
AUTH:
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA; IMP:
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.20 - MEDIATION SERVICES › Subchapter 4.20.1 - Mediation Services › Rule 4.20.104 - MEDIATION CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) The
				mediation is confidential to the extent allowed by state law with all the
				exceptions allowed in state law.
(2) The department will not have any
				liability for violations of this confidentiality but will strive to protect it
				to the extent allowed by law.
AUTH:
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA; IMP:
					 26-1-813,
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.20 - MEDIATION SERVICES › Subchapter 4.20.1 - Mediation Services › Rule 4.20.105 - TRAINING

Current through Register Vol. 13, July 5, 2024
(1) The department may train its own staff
				for mediation and may open these trainings up to non-departmental staff
				including but not limited to other state agencies and law students.
(2) If non-departmental staff is trained they
				may be charged a fee of up to $100 per hour.
AUTH:
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA; IMP:
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.20 - MEDIATION SERVICES › Subchapter 4.20.1 - Mediation Services › Rule 4.20.106 - DENIAL OF MEDIATION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) If the
				department is unable or unwilling to provide mediation services, it will inform
				the requesting party of that fact and to the extent allowed provide the reason
				for the denial.
AUTH:
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA IMP:
					 80-1-102,
					 80-11-103,
					 80-12-301,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.1 - Committee Organization › Rule 4.21.101 - COMMITTEE ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The
				organization of the Montana Pulse Crop Committee has been sufficiently set out
				in Chapter 1 of this title.
AUTH:
					 2-4-201,
					 2-15-112,
					 80-1-102,
					 80-11-1003,
					 MCA; IMP:
					 2-4-201,
					 2-15-112,
					 2-15-121,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.2 - Procedural Rules › Rule 4.21.201 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The committee
				adopts and incorporates the Attorney General's model procedural rules as stated
				in ARM
				1.3.101
				through
				1.3.233
				and the department's public participation rules in ARM
				4.2.201
				through
				4.2.204. A
				copy of the model rules may be obtained from the Montana Department of
				Agriculture, 302 N. Roberts, P.O. Box 200201, Helena, Montana,
				59620-0201.
AUTH:
					 80-1-102,
					 80-11-1003,
					 MCA; IMP:
					 2-4-201,
					 2-4-202,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.2 - Procedural Rules › Rule 4.21.202 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) Public
				participation is to be allowed to the fullest extent practicable and consistent
				with other requirements of state law and the rights and requirements of
				personal privacy. The purpose of this rule is to provide transparency, aid in
				the responsiveness of the committee, and assist all concerned persons to better
				understand committee activities and funded programs. The following guidelines
				shall aid the committee in allowing for public participation relative to
				resources available and the nature of the issues involved:
(a) The committee shall provide and make
				accessible all informational materials including policy, programs and/or
				technical information to enable interested or affected parties to make informed
				and constructive contributions toward committee decisions. News releases and
				other publications may be used for this purpose as well as informational
				discussions and meetings with interested citizen groups.
(b) The committee shall make efforts to
				summarize complex technical materials for public and media use. Requests for
				such information shall be promptly addressed.
(c) The committee shall maintain a current
				list of interested persons and organizations including anyone who has requested
				inclusion on such a list for the distribution of information such as that
				listed in (1)(a) of this rule. The committee shall in addition notify any
				interested persons of any public hearing.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.2 - Procedural Rules › Rule 4.21.203 - AWARDING OF CONTRACT

Current through Register Vol. 13, July 5, 2024
(1) Citizens shall
				have the opportunity for involvement in awarding of contracts and this shall be
				provided by observing the laws regarding awarding of contracts by public
				agencies. These laws require that any significant contracts be submitted to bid
				and public notice is through the invitation to bid.
AUTH:
					 80-1-102,
					 80-11-1003,
					 MCA; IMP:
					 80-11-1003,
					 80-11-1006,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.2 - Procedural Rules › Rule 4.21.204 - COMMITTEE LIAISON

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				all other requirements the committee shall continue to maintain liaison with
				citizen organizations active in areas concerning committee responsibilities.
				This liaison will be on formal and informal basis through participation in
				their meetings and in their organizations.
AUTH:
					 80-1-102,
					 80-11-1003,
					 MCA; IMP:
					 80-11-1002,
					 80-11-1003,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.3 - Grants › Rule 4.21.301 - GRANTS

Current through Register Vol. 13, July 5, 2024
(1) Grant applications for project funding
				must be received by the deadline set by the committee. The committee shall set
				at least one grant deadline per year. Consideration of a late grant application
				may occur if the committee agrees by unanimous vote.
AUTH:
					 80-1-102,
					 80-11-1003,
					 MCA; IMP:
					 80-11-1002,
					 80-11-1003,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.3 - Grants › Rule 4.21.302 - REVIEW AND EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) All
				applications shall be reviewed and evaluated for project type, funding
				requested, market need for the project, and whether the project is new or
				on-going.
AUTH:
					 80-1-102,
					 80-11-1003,
					 MCA; IMP:
					 80-11-1003,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.3 - Grants › Rule 4.21.303 - COMMITTEE DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) At the
				first meeting of the committee following the grant application deadline the
				projects to be funded for the following fiscal period are selected and the
				amount of grant funding will be determined.
AUTH:
					 80-1-102,
					 80-11-1003,
					 MCA; IMP:
					 80-11-1002,
					 80-11-1003,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.3 - Grants › Rule 4.21.304 - NOTIFICATION OF AWARDS

Current through Register Vol. 13, July 5, 2024
(1) Grant
				applicants shall be notified within 60 days after the committee's budget
				meeting as to whether or not their application(s) have been granted. Applicants
				shall also be notified of the amount to be funded for each approved
				project.
AUTH:
					 80-1-102,
					 80-11-1003,
					 MCA; IMP:
					 80-11-1002,
					 80-11-1003,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.3 - Grants › Rule 4.21.305 - PERFORMANCE EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) The committee
				shall periodically evaluate all outstanding grant agreements for adequate and
				satisfactory financial control, accounting, and performance by
				grantee(s).
AUTH:
					 80-1-102,
					 80-11-1003,
					 MCA; IMP:
					 80-11-1003,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.3 - Grants › Rule 4.21.306 - MODIFICATION OR TERMINATION OF GRANTS

Current through Register Vol. 13, July 5, 2024
(1) The
				committee may modify or terminate the funding of any grant if a determination
				is made that the grantee has not complied or cannot comply with a provision of
				the grant agreement. The committee shall notify the grantee in writing within
				30 days of such determination of the reasons for the determination and the
				effective date of the modification or termination.
AUTH:
					 80-1-102,
					 80-11-1003,
					 MCA; IMP:
					 80-11-1003,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.3 - Grants › Rule 4.21.307 - PROHIBITION ON INDIRECT PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) In
				order to make sure funds are not used for prohibited purposes, indirect costs
				are not generally allowed as a part of a grant. If the committee chooses to
				make an exception of the rule, a unanimous vote is required and the percentage
				of indirect costs cannot be more than five percent.
AUTH:
					 80-1-102,
					 80-11-1003,
					 MCA; IMP:
					 80-11-1003,
					 80-11-1006,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.4 - Pulse Assessment and Refunds › Rule 4.21.401 - PULSE ASSESSMENT AND REFUNDS

Current through Register Vol. 13, July 5, 2024
(1) There shall be
				levied an assessment of one percent of the net receipts of pulse crops produced
				in Montana.
(2) All assessments are
				subject to refund provided the following criteria are met:
(a) Application for assessment refund shall
				be in writing on forms provided by the committee.
(i) Forms will be furnished upon application
				to the Montana Department of Agriculture, 302 N. Roberts, P.O. Box 200201,
				Helena, Montana, 59620-0201.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.4 - Pulse Assessment and Refunds › Rule 4.21.402 - REQUIREMENTS FOR REPORTS

Current through Register Vol. 13, July 5, 2024
(1) All monthly
				pulse merchandiser report forms shall be sent out from the Montana Pulse Crop
				Committee. Reports shall be completed and returned to the committee after being
				properly signed and sworn to every month. These reports shall be filed with the
				committee within 20 days after the close of the business for the month in which
				the report is being filed.
(2)
				Requests for past due reports shall be addressed in the following manner:
(a) First notice shall be a form letter from
				the Montana Pulse Crop Committee requesting submission of the past due reports
				within 10 days of the date of the letter.
(b) Second notice shall be a telephone call
				giving five additional days to submit the past due reports.
(c) Third and final notice shall be a visit
				from a Department of Agriculture inspector to collect the past due
				reports.
(d) Any person failing to
				produce the past due reports shall be subject to a fine of not less than $50 or
				more than $5,000 based upon the amount withheld and the number of refunds
				affected. See the penalty matrix in ARM 4.21.404.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.4 - Pulse Assessment and Refunds › Rule 4.21.403 - CORRECTION OF ERROR ON REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Checking of
				all reports for errors in the amount of pulses purchased, amount of assessment
				paid, failure to make payment of assessment on all first purchases of pulses,
				or lack of signature will be addressed in the following manner:
(a) A telephone call shall be made to the
				purchaser in attempt to correct the error.
(b) A corrected report shall be requested if
				the error cannot be corrected over the telephone.
(c) A visit by the Department of Agriculture
				inspector shall be made if the error cannot be corrected over the telephone and
				if a corrected report cannot be obtained.
(d) Any person failing to comply with the
				request for corrections will be guilty of a misdemeanor and shall be subject to
				a fine of not less than $25 or more than $500 upon conviction.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.21 - MONTANA PULSE CROP COMMITTEE › Subchapter 4.21.4 - Pulse Assessment and Refunds › Rule 4.21.404 - PENALTY MATRIX

Current through Register Vol. 13, July 5, 2024
(1) Any person
				failing to produce past due reports will be subject to a fee based on the
				following matrix:
Amount withheld
No refunds affected
1-5 refunds affected
Greater than 5 refunds affected
Less than $1,000
$50
$500
$1,000
$1,000-$10,0000
$500
$1,000
$2,500
Greater than $10,000
$1,000
$2,500
$5,000
AUTH:
					 80-11-1008,
					 MCA; IMP:
					 80-11-1008,
					 MCA; IMP:
					 80-11-1001,
					 80-11-1002,
					 80-11-1003,
					 80-11-1004,
					 80-11-1005,
					 80-11-1006,
					 80-11-1007,
					 80-11-1008,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.22 - ANALYTICAL LABORATORY › Subchapter 4.22.1 - Analytical Laboratory Fees › Rule 4.22.101 - ANALYTICAL LAB FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) Fees for Water
				and Miscellaneous Samples:
(a)
				Alkalinity....................$50.00
(b)
				Hardness....................$50.00
(c)
				Nitrate....................$15.00
(d) Nitrate/Nitrate as
				Nitrogen....................$150.00
(e) pH....................$15.00
(f)
				Sulfate....................$50.00
(g) Total Dissolved Solids (TDS)
				....................$25.00
(h)
				Calcium (Ca) ....................$40.00
(i) Copper (Cu)
				....................$40.00
(j) Iron
				(Fe) ....................$40.00
(k)
				Phosphorus (P) ....................$40.00
(l) Potassium (K)
				....................$40.00
(m)
				Sodium (Na) ....................$40.00
(n) Zinc (Zn)
				....................$40.00
(o)
				Elemental Screen....................$150.00
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.22 - ANALYTICAL LABORATORY › Subchapter 4.22.1 - Analytical Laboratory Fees › Rule 4.22.102 - PESTICIDE SAMPLE FEES

Current through Register Vol. 13, July 5, 2024
(1) The fee is
				based on the matrix and whether it is being tested for the presence of one
				chemical residue or multiple as illustrated below:
(a)
Matrix
Individual
Multi-Residue
Water:
$200.00
$400.00
Soil:
$250.00
$300.00
Vegetation:
$250.00
$300.00
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.22 - ANALYTICAL LABORATORY › Subchapter 4.22.1 - Analytical Laboratory Fees › Rule 4.22.103 - DISCOUNTS

Current through Register Vol. 13, July 5, 2024
(1) To be eligible for a discount, samples
				must be submitted at the same time for the same test.
(2) Discount by number of samples:
(a) 1-2....................No
				Discount
(b)
				3-6....................10% Discount
(c) 7+....................20%
				Discount
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.22 - ANALYTICAL LABORATORY › Subchapter 4.22.1 - Analytical Laboratory Fees › Rule 4.22.104 - CONTRACT WORK

Current through Register Vol. 13, July 5, 2024
(1) As time
				permits, the lab may take on contract work for other governmental or private
				entities to perform services needed and within the scope of the expertise of
				the lab. The lab will set fees for this based on negotiations.
AUTH:
					 80-1-104,
					 MCA; IMP:
					 80-1-104,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.23 - STUDENT LOAN ASSISTANCE PROGRAM › Subchapter 4.23.1 - Requirements and Procedures › Rule 4.23.101 - OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) The primary objectives of the Student
				Loan Assistance Program are to:
(a) encourage
				Montana's college-educated youth to pursue a primary career in farming or
				ranching;
(b) reduce financial
				stress on Montana's farm and ranch operators; and
(c) promote succession planning to preserve
				interest in Montana's agricultural future.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.23 - STUDENT LOAN ASSISTANCE PROGRAM › Subchapter 4.23.1 - Requirements and Procedures › Rule 4.23.102 - APPLICATION PROCEDURES FOR LOAN REPAYMENT ASSISTANCE PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) Application forms for farmer loan
				repayment assistance will be published annually on the department's
				website.
(2) Applicants must
				provide all requested information and meet eligibility and documentation
				requirements specified in ARM
				4.23.103
				to be considered eligible for funding.
AUTH:
					 90-9-203,
					 90-9-501, MCA; IMP: 90-9-502, 90-9-504,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.23 - STUDENT LOAN ASSISTANCE PROGRAM › Subchapter 4.23.1 - Requirements and Procedures › Rule 4.23.103 - ELIGIBILTY AND DOCUMENTATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The Agriculture Development Council will direct the department to conduct a
				review of eligibility prior to making funding decisions.
(2) Applicants must provide sufficient
				documentation to establish:
(a) proof of
				residency;
(b) completion of
				associate or baccalaureate degree from postsecondary institution as defined in
				20-26-603,
				MCA;
(c) primary ownership,
				including an heir, successor, or assignee of an agricultural
				operation;
(d) participation in the
				day-to-day operations of a farm or ranch; and
(e) commitment to operate the farm or ranch
				for at least five years following application.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.23 - STUDENT LOAN ASSISTANCE PROGRAM › Subchapter 4.23.1 - Requirements and Procedures › Rule 4.23.104 - ANNUAL MONITORING AND DISBURSEMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The department will conduct annual monitoring activities for ongoing
				eligibility verification and program compliance.
(2) Annual monitoring activities will be
				documented on reports established by department staff and stored at the
				department for the duration of the loan assistance plus five years.
(3) Disbursements may be made by the
				department directly to the educational loan servicer or provided to the
				recipient on a reimbursement basis provided verified loan statements indicating
				full and timely payments are made available to the department.
AUTH:
					 90-9-203,
					 90-9-501, MCA; IMP: 90-9-502, 90-9-503, 90-9-504,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.23 - STUDENT LOAN ASSISTANCE PROGRAM › Subchapter 4.23.1 - Requirements and Procedures › Rule 4.23.105 - REPAYMENT

Current through Register Vol. 13, July 5, 2024
(1) Funding recipients who cease to operate
				the farm or ranch before the end of the five-year commitment period must repay
				the total amount of assistance received to date.
(2) Funding recipients who fail to complete
				required monitoring reports or abide by written agreement must repay the total
				amount of assistance received since the date of the last verified report or
				date of breach.
AUTH:
					 90-9-203,
					 90-9-501, MCA; IMP: 90-9-502, 90-9-504,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.1 - ORGANIZATIONAL RULE › Subchapter 6.1.1 - N/A › Rule 6.1.101 - ORGANIZATIONAL RULE

Current through Register Vol. 13, July 5, 2024
(1) The following
				is a description of the functions and organization of the Office of the State
				Auditor, ex officio Commissioner of Insurance, ex officio Commissioner of
				Securities.
(a) History. The position of the
				State Auditor was created by Article VII, section 1, of the 1889 Constitution
				of Montana and was continued by Article VI, section 1, of the 1972
				Constitution. The position of State Auditor, ex officio Commissioner of
				Insurance, was created by
				2-15-1903,
				MCA, effective January 1, 1961. The position of State Auditor, ex officio
				Commissioner of Securities, was created by
				2-15-1901,
				MCA, effective July 1, 1961.
(b)
				State Auditor. The State Auditor is elected by the qualified voters of Montana
				as provided by law at a statewide general election and holds office for a term
				of four years, and until a successor is elected and qualified. The State
				Auditor is responsible for administration of the Office of the State Auditor
				and its departments, and serves as both ex officio Commissioner of Insurance,
				and ex officio Securities Commissioner. The Office of the State Auditor also
				operates as a criminal justice agency.
(c) Divisions. The Office of the State
				Auditor consists of the following divisions:
(i) Insurance Department;
(ii) Securities Department;
(iii) Legal;
(iv) Communications;
(v) Information Technology; and
(vi) Central Services.
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.101 - INCORPORATION OF MODEL PROCEDURAL RULES BY THE INSURANCE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) The insurance
				department has adopted the Attorney General's Model Procedural Rules by
				reference to such rules as stated in ARM
				1.3.101 through
				1.3.233 with the exceptions
				enumerated in this chapter.
(2) The
				insurance department has adopted the Secretary of State's Model Organizational
				and Procedural Rules by reference to such rules as stated in ARM
				1.3.301 through
				1.3.313.
AUTH:
					 33-1-313, MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.102 - Repealed

Current through Register Vol. 13, July 5, 2024
33-1-313, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.103 - RULEMAKING, NOTICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313, MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.104 - CONTESTED CASES, NOTICE OF OPPORTUNITY TO BE HEARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313, MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.105 - Repealed

Current through Register Vol. 13, July 5, 2024
33-1-313, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.106 - Repealed

Current through Register Vol. 13, July 5, 2024
33-1-313, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.107 - CONTESTED CASES, FINAL ORDERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313, MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.108 - Repealed

Current through Register Vol. 13, July 5, 2024
33-1-313, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.120 - INCORPORATION OF MODEL PROCEDURAL RULES BY THE SECURITIES DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) The securities
				department has adopted the Attorney General's Model Procedural Rules by
				reference to such rules as stated in ARM
				1.3.101 through
				1.3.233 with the exceptions
				enumerated in this chapter.
(2) The
				securities department has adopted the Secretary of State's Model Organizational
				and Procedural Rules by reference to such rules as stated in ARM
				1.3.301 through
				1.3.313.
AUTH:
					 30-10-107, MCA ;IMP:
					 2-4-201,
					 30-10-107,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.121 - ORDERS

Current through Register Vol. 13, July 5, 2024
(1) All orders
				issued pursuant to the Securities Act of Montana shall be signed by the
				Securities Commissioner or a designee of the Securities Commissioner.
AUTH:
					 30-10-107, MCA ;IMP:
					 30-10-107,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.122 - TEMPORARY CEASE AND DESIST ORDERS

Current through Register Vol. 13, July 5, 2024
(1) If the
				commissioner issues a temporary cease and desist order, the respondent has 15
				days from receipt of the order to make a written request for a contested case
				hearing on the allegations contained in the order. The hearing must be held
				within 30 days of the commissioner's receipt of the hearing request unless the
				time is extended by agreement of the parties or by order of the hearing
				examiner. If the respondent does not request a hearing within 15 days of
				receipt of the order by the respondent and the commissioner does not order a
				hearing, the order becomes final.
Sec.
					 30-10-107 MCA; IMP, Sec.
					 30-10-305
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.123 - HEARINGS - FINAL ORDER (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 30-10-107, MCA; IMP:
					 30-10-201,
					 30-10-207,
					 30-10-305,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.124 - JUDICIAL REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 30-10-107, MCA; IMP:
					 30-10-308,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.201 - PURPOSE AND SCOPE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter
				implements for the department and the Department of Revenue the mechanisms
				provided in Title 17, chapter 4, MCA, for recovery and offset of monetary sums
				owing to the state of Montana, including, but not limited to, sums related to
				the provision of services through the programs administered by the department
				and fines and other fees imposed by the department.
(2) The provisions of this subchapter are not
				the department's exclusive means of debt collection, but are in addition to any
				other means of offset, recovery, or other debt collection procedures authorized
				by law.
AUTH:
					 30-10-107,
					 33-1-313, MCA IMP:
					 17-4-110
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.202 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purpose of this subchapter, the following definitions
				  shall apply:
(1) "Debt" means a
				monetary sum owed to the state of Montana.
(2) "Department" means the State Auditor's
				Office.
(3) "Offset" means a
				deduction from monies due to a person or entity from the state for the purpose
				of recovering in total or in part a debt owed by the person or entity to the
				state. An offset is undertaken by the Department of Revenue or other agency
				designated by law under the authority of
				17-4-105, MCA. Offset may include,
				but is not limited to, an offset of a person's or an entity's state tax
				refund.
(4) "Recovery" means any
				measure undertaken by the Department of Revenue, or other agency designated by
				law, under the authority of
				17-4-101, MCA, et seq., in
				accordance with that agency's rules and policies as a means of recovering a
				debt owed by a person or entity to the state of Montana. Recovery may include,
				but is not limited to, assignment to a collection agency and
				litigation.
AUTH:
					 30-10-107,
					 33-1-313, MCA IMP:
					 17-4-110
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.203 - REFERRAL FOR RECOVERY AND OFFSET

Current through Register Vol. 13, July 5, 2024
(1) The
				department under the authority of
				17-4-104, MCA, may refer to the
				Department of Revenue, or other agency designated by law, for recovery and
				offset of any debt owed to the department.
AUTH:
					 30-10-107,
					 33-1-313, MCA IMP:
					 17-4-110
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.2 - OVERALL OFFICE RULES › Subchapter 6.2.1 - Procedural Rules › Rule 6.2.204 - UNCOLLECTIBLE DEBT

Current through Register Vol. 13, July 5, 2024
(1) A debt is
				uncollectible by the department if the department has determined that:
(a) the debt is owing to the
				department;
(b) the debtor has
				either not pursued available administrative remedies within the department, or
				has failed to prevail in the available administrative procedures or remedies
				within the department, or in any appeal from that administrative procedure or
				remedy to the state or federal courts;
(c) the debtor has failed to pay the debt
				after the department has made reasonable efforts to collect the debt;
				and
(d) the department has no
				administrative means such as recoupment from current payments by which to
				recover the debt.
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.1 - Licensing › Rule 6.6.101 - LICENSING-GENERAL CHARACTER AND CONDUCT REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313, MCA; IMP:
					 33-1-313,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.1 - Licensing › Rule 6.6.102 - FAMILIARITY WITH CODE AND RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313, MCA; IMP:
					 33-1-313,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.1 - Licensing › Rule 6.6.103 - EXAMINATIONS-WAITING PERIODS BEFORE RE-EXAMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 33-1-313 MCA; IMP, Sec.
					 33-1-313
					 MCA;
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.1 - Licensing › Rule 6.6.104 - APPLICANTS FOR TEMPORARY AGENT'S LICENSE-TIME PERIOD FOR PASSING EXAMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313, MCA; IMP:
					 33-17-212,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.1 - Licensing › Rule 6.6.105 - APPLICANTS FOR AGENT'S OR SOLICITOR'S LICENSE-TIME PERIOD FOR PASSING EXAMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-1-313, MCA ;IMP:
					 33-1-313,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.2 - Life Insurance Solicitation › Rule 6.6.201 - AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) The rules
				contained in this regulation are adopted and promulgated by the commissioner of
				insurance under the authority of
				33-1-313, MCA.
AUTH:
					 33-1-313, MCA; IMP:
					 33-18-201,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.2 - Life Insurance Solicitation › Rule 6.6.202 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				this regulation is to require insurers to deliver to purchasers of life
				insurance information that will improve the buyer's ability to select the most
				appropriate plan of life insurance for the buyer's needs, improve the buyer's
				understanding of the basic features of the policy that has been purchased or is
				under consideration, and improve the ability of the buyer to evaluate the
				relative costs of similar plans of life insurance.
(2) This regulation does not prohibit the use
				of additional material that is not a violation of this regulation or any other
				Montana statute or regulation.
AUTH:
					 33-1-313, MCA; IMP:
					 33-18-201,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.2 - Life Insurance Solicitation › Rule 6.6.203 - SCOPE

Current through Register Vol. 13, July 5, 2024
(1) Except as
				identified in (2), this regulation shall apply to any solicitation,
				negotiation, or procurement of life insurance occurring within this state. This
				regulation shall apply to any issuer of life insurance contracts including
				fraternal benefit societies.
(2)
				Unless otherwise specifically included, this regulation shall not apply to:
(a) annuities;
(b) credit life insurance;
(c) group life insurance;
(d) life insurance policies issued in
				connection with pension and welfare plans as defined by and which are subject
				to the federal Employee Retirement Income Security Act of 1974 (ERISA);
				or
(e) variable life insurance
				under which the death benefits and cash values vary in accordance with unit
				values of investments held in a separate account.
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.2 - Life Insurance Solicitation › Rule 6.6.204 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this regulation, the following
				  definitions shall apply:
(1) A
				"buyer's guide" means the current Life Insurance Buyer's Guide adopted by the
				National Association of Insurance Commissioners (NAIC) or language contained in
				ARM 6.6.209 or language approved by the
				commissioner of insurance.
(2)
				"Current scale of nonguaranteed elements" means a formula or other mechanism
				that produces values for an illustration as if there is no change in the basis
				of those values after the time of illustration.
(3) "Generic name" means a short title that
				is descriptive of the premium and benefit patterns of a policy or a
				rider.
(4) "Nonguaranteed elements"
				means the premiums, credited interest rates (including any bonus), benefits,
				values, non-interest based credits, charges, or elements of formulas used to
				determine any of these that are subject to company discretion and are not
				guaranteed at issue. An element is considered nonguaranteed if any of the
				underlying nonguaranteed elements are used in its calculation.
(5) "Policy data" means a display or schedule
				of numerical values, both guaranteed and nonguaranteed for each policy year or
				a series of designated policy years of the following information:
(a) illustrated annual, other periodic, and
				terminal dividends;
(b)
				premiums;
(c) death benefits;
				and
(d) cash surrender values and
				endowment benefits.
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.2 - Life Insurance Solicitation › Rule 6.6.205 - GENERAL RULES

Current through Register Vol. 13, July 5, 2024
(1) Each insurer
				shall maintain at its home office or principal office, a complete file
				containing one copy of each document authorized by the insurer for use pursuant
				to this regulation. Such file shall contain one copy of each authorized form
				for a period of three years following the date of its last authorized
				use.
(2) An agent shall inform the
				prospective purchaser, prior to commencing a life insurance sales presentation,
				that he or she is acting as a life insurance agent and inform the prospective
				purchaser of the full name of the insurance company which the agent is
				representing to the buyer. In sales situations in which an agent is not
				involved, the insurer shall identify its full name.
(3) Terms such as financial planner,
				investment advisor, financial consultant, or financial counseling shall not be
				used in such a way as to imply that the insurance agent is generally engaged in
				an advisory business in which compensation is unrelated to sales unless such is
				actually the case.
(4) Any
				reference to nonguaranteed elements shall include a statement that the item is
				not guaranteed and is based on the company's current scale of nonguaranteed
				elements (use appropriate special terms such as "current dividend" or "current
				rate" scale). If a nonguaranteed element would be reduced by the existence of a
				policy loan, a statement to that effect shall be included in any reference to
				nonguaranteed elements. A presentation or depiction of a policy issued after
				January 1, 2002, that includes nonguaranteed elements over a period of years
				shall be governed by ARM
				6.6.701 through
				6.6.718.
AUTH:
					 33-1-313, MCA;IMP:
					 33-18-201,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.2 - Life Insurance Solicitation › Rule 6.6.206 - DISCLOSURE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The insurer
				shall provide, to all prospective purchasers, a buyer's guide and a policy
				summary prior to accepting the applicant's initial premium or premium deposit,
				unless the policy for which application is made contains an unconditional
				refund provision of at least 10 days or unless the policy summary contains such
				an unconditional refund offer, in which event the buyer's guide and policy
				summary must be delivered with the policy or prior to delivery of the policy.
(2) The insurer shall provide a
				policy summary to prospective purchasers where the insurer has identified the
				policy form as one that will not be marketed with an illustration. The policy
				summary shall show guarantees only. It shall consist of a separate document
				with all required information set out in a manner that does not minimize or
				render any portion of the summary obscure. Any amounts that remain level for
				two or more years of the policy may be represented by a single number if it is
				clearly indicated what amounts are applicable for each policy year. Amounts in
				ARM 6.6.204(6)(e)
				shall be listed in total, not on a per thousand or per unit basis. If more than
				one insured is covered under one policy or rider, death benefits shall be
				displayed separately for each insured, or for each class of insureds if death
				benefits do not differ with the class. Zero amounts shall be displayed as a
				blank space. Delivery of the policy summary shall be consistent with the time
				for delivery of the Buyer's Guide as specified in (1).
(3) Upon request by the policyholder, the
				insurer shall furnish either policy data or an in-force illustration as
				follows:
(a) For policies issued prior to
				January 1, 2002, the insurer shall furnish policy data, or, at its option, an
				in-force illustration meeting the requirements of ARM
				6.6.207.
(b) For policies issued after January 1,
				2002, that were declared not to be used with an illustration, the insurer shall
				furnish policy data, limited to guaranteed values, if it has chosen not to
				furnish an in-force illustration meeting the requirements of this
				regulation.
(c) If the policy was
				issued after January 1, 2002, and declared to be used with an illustration, an
				in-force illustration shall be provided.
(d) Unless otherwise requested, the policy
				data shall be provided for 20 consecutive years beginning with the previous
				policy anniversary. The statement of policy data shall include nonguaranteed
				elements according to the current scale, the amount of outstanding policy
				loans, and the current policy loan interest rate. Policy values shown shall be
				based on the current application of nonguaranteed elements in effect at the
				time of the request. The insurer may charge a commercially reasonable fee for
				the preparation of the statement.
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.2 - Life Insurance Solicitation › Rule 6.6.207 - FAILURE TO COMPLY

Current through Register Vol. 13, July 5, 2024
(1) Failure of an
				insurer to provide or deliver a buyer's guide or a policy summary as provided
				in ARM 6.6.206 shall constitute an
				omission which misrepresents the benefits, advantages, conditions, or terms of
				an insurance policy.
AUTH:
					 33-1-313, MCA;IMP:
					 33-18-201,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.2 - Life Insurance Solicitation › Rule 6.6.208 - EFFECTIVE DATE

Current through Register Vol. 13, July 5, 2024
(1) This regulation
				shall apply to all solicitations of life insurance which commence on or after
				December 15, 1978.
AUTH:
					 33-1-313, MCA;IMP:
					 33-18-201,
					 MCA
Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.2 - Life Insurance Solicitation › Rule 6.6.210 - FUNERAL PREARRANGEMENTS

Current through Register Vol. 13, July 5, 2024
(1) For a
				prearrangement that is funded or to be funded by a life insurance policy, the
				following information shall be adequately disclosed at the time an application
				is made or prior to accepting the applicant's initial premium or deposit:
(a) the fact that a life insurance policy is
				involved or being used to fund a prearrangement;
(b) the nature of the relationship among the
				soliciting agent or agents, the provider of the funeral or cemetery merchandise
				or services, the administrator and any other person;
(c) the relationship of the life insurance
				policy to the funding of the prearrangement and the nature and existence of any
				guarantees relating to the prearrangement;
(d) the impact on the prearrangement,
				including:
(i) any changes in the life
				insurance policy including, but not limited to, changes in the assignment,
				beneficiary designation, or use of the proceeds;
(ii) any penalties to be incurred by the
				policyholder as a result of failure to make premium payments; and
(iii) any penalties to be incurred or monies
				to be received as a result of cancellation or surrender of the life insurance
				policy.
(e) a list of
				the merchandise and services which are applied or contracted for in the
				prearrangement and all relevant information concerning the price of the funeral
				services, including an indication that the purchase price is either guaranteed
				at the time of purchase or to be determined at the time of need;
(f) all relevant information concerning what
				occurs and whether any entitlements or obligations arise if there is a
				difference between the proceeds of the life insurance policy and the amount
				actually needed to fund the prearrangement;
(g) any penalties or restrictions, including,
				but not limited to geographic restrictions or the inability of the provider to
				perform, on the delivery of merchandise, services, or the prearrangement
				guarantee; and
(h) the fact that a
				sales commission or other form of compensation is being paid and the identity
				of the individuals or entities to whom it is paid, if applicable.