reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.411 - CONSUMER APPEALS PROCESS

Current through Register Vol. 13, July 5, 2024
(1) If a
				consumer has proceeded through a manufacturer's certified dispute settlement
				program and contends that he or she was injured by the operation of any
				procedure that does not conform to procedures established pursuant to
				61-4-511,
				MCA, and the provisions of Title 16, Code of Federal Regulations, part 703, as
				in effect as of October 1, 1983, he or she may request arbitration de novo by a
				department arbitration panel.
(2)
				When filing a request for arbitration de novo with the department, the consumer
				shall include a copy of the decision rendered by a manufacturer's dispute
				settlement procedure and all other relevant documentation.
(3) The form for arbitration de novo shall be
				identical to that used for an original request for arbitration.
61-4-532,
					 MCA; IMP,
					 61-4-520,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.412 - NOTIFICATION OF PARTIES AND ARBITRATORS

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall notify the consumer of the department's acceptance or
				rejection of his or her request for arbitration.
(2) If the department accepts a request for
				arbitration, the department shall notify the manufacturer, by certified mail,
				of the filing of the request for arbitration.
(3) The department shall enclose with the
				notification a manufacturer's statement form and require the manufacturer to
				return the form within 15 days of receipt, with a filing fee of $250.
61-4-532,
					 MCA; IMP,
					 61-4-517,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.413 - REPRESENTATION BY AN ATTORNEY

Current through Register Vol. 13, July 5, 2024
(1) Any party
				to an oral arbitration hearing has the right to be represented by an
				attorney.
61-4-532,
					 MCA; IMP,
					 27-5-214,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.415 - CONDUCT OF DOCUMENTARY ARBITRATION HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) If the consumer elects a documentary
				arbitration procedure, the department shall gather and disseminate all
				documentary information and evidence in accordance with the following
				procedures:
(a) the department shall notify
				the consumer by certified mail that he or she must submit a sworn or affirmed
				statement as to the facts of the dispute and any evidence which he or she
				wishes the panel to consider. The consumer shall forward the documentation to
				the department within 15 days from the date of his or her receipt of the
				certified notice;
(b) the
				department shall notify the manufacturer of the dispute by certified mail. The
				department shall enclose, with a notice, a copy of the consumer's request for
				arbitration and a manufacturer's statement form. The manufacturer shall submit
				a sworn or affirmed statement as to the facts of the dispute, any evidence the
				manufacturer wishes the panel to consider and a $250 filing fee to the
				department within 15 days from the date of the manufacturer's receipt of the
				certified notice; and
(c) upon
				receipt of both the consumer's and manufacturer's sworn or affirmed statements
				and documentary evidence, the department shall, by certified mail, forward
				copies of the consumer's submissions to the manufacturer and forward copies of
				the manufacturer's submissions to the consumer.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.416 - PRE-DECISION SETTLEMENT OF DISPUTE

Current through Register Vol. 13, July 5, 2024
(1) One
				or both of the parties shall notify the department if, through outside
				mediation efforts, the dispute is settled at any time after the filing date and
				before the decision is rendered. The department shall thereupon verify the
				terms of the settlement and the date for performance to which the parties have
				agreed, if applicable. The consumer shall notify the department if compliance
				has not occurred by the agreed date, and the arbitration process shall
				recommence at the point within the 60-day time frame at which it had been
				interrupted by the notification to the department of the pre-decision
				settlement.
61-4-532,
					 MCA; IMP,
					 61-4-519,
					 61-4-526,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.417 - RECORD KEEPING

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall maintain records of each dispute, which shall include:
(a) the name, address and telephone number of
				the consumer;
(b) the name,
				address, telephone number and contact person of the manufacturer;
(c) brand name and model of the
				vehicle;
(d) the filing date of the
				dispute, the date on which the arbitration decision was rendered and the date
				of the official notification to all parties of the decision;
(e) all correspondence or other written
				documents submitted by both parties;
(f) all other evidence collected by the
				department relating to the dispute;
(g) a transcript or tape recording of all
				oral arbitration hearings;
(h) the
				decision of the department panel, including information as to the time, date
				and place of the arbitration hearing and the identities of the voting
				arbitrators;
(i) a copy of the
				official written notice to the parties of the decision;
(j) a record of the follow-up contact to the
				consumer and the response thereto; and
(k) copies of any and all other documents,
				notated telephone conversations or other communications relevant to the
				dispute.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.418 - NOTICE OF ARBITRATION DECISION

Current through Register Vol. 13, July 5, 2024
(1) The
				arbitration panel shall render its decision within 60 days following the
				initial filing date of the consumer's request for arbitration. The decision
				shall be rendered by an agreement of the majority of the arbitrators.
(2) The department shall send the consumer
				and manufacturer official written notice of the arbitration decision by
				certified mail.
(3) The panel
				chairperson shall draft the decision and shall obtain the signatures of the
				majority of arbitrators. In the event that the chairperson dissents from the
				majority decision, he or she shall designate one of the agreeing arbitrators to
				write the decision. The department shall forward copies of the decision to all
				parties and arbitrators.
(4) The
				effective date of the decision shall be the date the written decision is signed
				by the panel chairperson or his or her designated representative.
(5) The arbitration decision shall contain
				the following:
(a) the panel's findings of
				fact and the reasons for its decision;
(b) appropriate remedies, if applicable,
				including but not limited to:
(i) repair of
				vehicle;
(ii) replacement of the
				vehicle with an identical vehicle or a comparable vehicle acceptable to the
				consumer;
(iii) refund as provided
				in
				61-4-503(2),
				MCA;
(iv) any other remedy
				available under the applicable warranties or
				15
				USC 2301 through 2313 in effect on October 1,
				1983; and
(v) reimbursement of
				expenses and costs to the prevailing party.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.419 - POST-PERFORMANCE DATE CONTACT

Current through Register Vol. 13, July 5, 2024
(1) If the
				arbitration decision is in the favor of the consumer and requires some
				performance by the manufacturer, the department shall contact the consumer
				within 10 days following the date scheduled for performance of the arbitration
				award either by telephone or by mail to determine whether performance has
				occurred.
(2) If the consumer
				anticipates that the department either will be unable to contact or will
				encounter difficulties in contacting him or her at this time, he or she shall
				so notify the department at the time of the arbitration hearing. An alternative
				means or date for confirming performance shall then be determined by the
				department and the consumer.
61-4-532,
					 MCA; IMP,
					 61-4-519,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.420 - NOTICE OF RESALE OF RETURNED VEHICLE

Current through Register Vol. 13, July 5, 2024
(1)
				If a motor vehicle is returned to the manufacturer and requires replacement or
				refund, then the returned vehicle may not be sold in the state unless the
				seller provides the ultimate consumer a conspicuous written disclosure of the
				fact that the vehicle was returned. The seller shall give the ultimate consumer
				opportunity to review the disclosure form in its entirety and shall obtain on
				the form the ultimate consumer's signature.
61-4-532,
					 MCA; IMP,
					 61-4-525,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.5 - Telemarketing › Rule 23.19.501 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the terms defined in
				  30-14-1403, MCA, the
				  following terms shall, unless the context otherwise indicates, have the
				  following meanings for the purposes of this subchapter:
(1) "Act" means the Montana Telemarketing
				Registration and Fraud Prevention Act as set forth in Title 30, chapter 14,
				part 14, MCA.
(2) "Applicant" means
				a nonexempt seller or telemarketer applying for registration or renewal with
				the department.
(3) "Financial
				responsibility" means surety bond, certificate of deposit, cash or a government
				bond in the amount of $50,000.
(4)
				"Manager" means a person who supervises the work of a telemarketer or
				seller.
(5) "Nonexempt seller or
				telemarketer" means a seller or telemarketer as defined in
				30-14-1403, MCA, who
				pursuant to
				30-14-1405,
				MCA, is not exempt from the registration and bonding requirement of
				30-14-1404,
				MCA.
(6) "Principal" means:
(a) an owner;
(b) an officer of a corporation or limited
				liability company;
(c) a general
				partner of a partnership;
(d) a
				sole proprietor of a sole proprietorship;
(e) a partner of a limited liability
				partnership;
(f) a trustee of a
				trust; or
(g) any other individual
				who controls, manages or supervises a telephone sales or operation.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.5 - Telemarketing › Rule 23.19.502 - FORMS AND PROCEDURES FOR INITIAL REGISTRATION AND BONDING

Current through Register Vol. 13, July 5, 2024
(1) Prior to conducting telemarketing
				business in the state of Montana, the applicant must have a Montana certificate
				of registration.
(2) Application
				for an initial certificate of registration shall be made to the department on
				the forms prescribed by the department and accompanied by:
(a) a surety bond in the penal sum of
				$50,000; or
(b) certificate of
				deposit, cash or a government bond in the amount of $50,000.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.5 - Telemarketing › Rule 23.19.503 - FORMS AND PROCEDURES FOR REGISTRATION RENEWAL

Current through Register Vol. 13, July 5, 2024
(1) The renewal application will be similar
				to the initial application and process with the following changes:
(a) Registrant shall note on the application
				that the surety bond, certificate of deposit, cash or government bond was
				submitted to the department with the initial application. Applicant will
				provide proof of payment with the renewal application.
(b) In the event the certificate of deposit
				needs to be renewed prior to one year, it will be released by the department to
				be renewed with the applicant's financial institution's verification. The
				department must be named as the owner of the certificate of deposit at all
				times that the telemarketer operates in Montana.
(c) Failure to fully complete the renewal
				application on or before December 31st will result in the renewal application
				being deemed null and void and the lapse of registration. All items must be
				completed on the renewal application. No photocopied applications from the
				prior year will be accepted.
(d)
				All signatures on the renewal application must be current and dated.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.5 - Telemarketing › Rule 23.19.504 - TELEMARKETING FRAUD CONSUMER AWARENESS PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The department will educate Montana
				senior citizens as well as other consumers by developing the telemarketing
				fraud consumer awareness program.
(a) The
				program will educate the Montana consumer through telemarketing fraud and
				prevention brochures and other informational material distributed by the
				department at public presentations and also to consumers who phone or write to
				the department.
(b) The program
				will provide statewide workshops and training seminars sponsored by the
				department in cooperation with local, state and national law enforcement and
				aging agencies to promote awareness of telemarketing fraud and
				prevention.
(c) Education through
				news releases (including newspaper, television and radio) may also be
				disseminated to the public to inform Montana consumers about fraudulent
				telemarketers operating in Montana and the manner consumers can best protect
				themselves from being defrauded.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.5 - Telemarketing › Rule 23.19.505 - CIVIL ACTION ENFORCEMENT PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1)
				Enforcement options available to the department are set forth in
				30-14-1407,
				30-14-1410,
				30-14-1411,
				30-14-1413
				and
				30-14-1414,
				MCA.
(2) Consumer complaint forms
				may be obtained from the department. The department will provide these forms to
				consumers who have suffered a loss due to the alleged violation of the Act by
				any seller or telemarketer through unfair or deceptive conduct, prohibited acts
				or practices or abusive act or practices. The complaint form may be obtained
				from the Consumer Protection Office, Department of Justice, Telemarketing
				Section, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151. The
				department is unable to proceed with a consumer complaint unless the complaint
				form is completed and signed by the consumer or the consumer's representative
				with the full knowledge and consent of the consumer.
(3) Upon receipt of the completed and signed
				complaint, the department will request the seller or telemarketer to provide a
				written response to the allegations set forth by the consumer within 20 days.
				The response must be submitted to the department.
(4) The department may proceed with
				alternative dispute resolution procedures, contested case proceedings under the
				Montana Administrative Procedure Act, set forth under
				2-4-601, MCA or an action
				in district court to enjoin prohibited acts and seek remedy on behalf of state
				residents who have suffered a loss as a result of violation of the
				Act.
30-14-1402,
					 MCA; IMP,
					 30-14-1407,
					 30-14-1410,
					 30-14-1411,
					 30-14-1412,
					 30-14-1413,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.5 - Telemarketing › Rule 23.19.506 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions
				  apply:
(1) "National do-not-call list"
				means the database of residential phone numbers designated not to be called by
				telemarketers as established by the Federal Trade Commission (FTC) in 16 CFR
				310.
30-14-1603,
					 MCA; IMP,
					 30-14-1603,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.5 - Telemarketing › Rule 23.19.507 - STATE DO-NOT-CALL DATABASE

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall use the national do-not-call list as the state do-not-call
				database.
(2) Citizens may give
				notice of their objection to receiving telephone solicitations by signing up to
				the national do-no-call list. A citizen's notice of objection shall last five
				years or until their phone number is disconnected.
(3) Only the information needed by the FTC to
				maintain the national do-not-call list must be collected. The FTC shall specify
				this information.
(4) A person or
				entity wishing to or required to gain access to the national do-not-call list
				shall pay the FTC its fee for access to that part or portion of the national
				do-not-call list containing the numbers in the 406 area code. The department
				may not charge a fee.
(5) A
				telemarketer operating in or into Montana shall provide proof of legal access
				to the national do-not-call list within 10 days of the department requesting
				it. Failure to provide proof is a violation of
				30-14-103,
				MCA.
30-14-1603,
					 MCA; IMP,
					 30-14-1603,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.6 - Identity Theft Passport Program › Rule 23.19.601 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The Attorney General administers the
				identity theft passport program (passport program). Passports are available for
				eligible victims of identity theft. The Attorney General's Office, through the
				Office of Victim Services will work in cooperation with local law enforcement
				agencies to substantiate claims of identity theft prior to issuance of a
				passport.
(2) As a criminal justice
				agency, the Attorney General's Office is authorized to receive and share
				confidential criminal justice information with other law enforcement agencies
				to implement the provisions of the passport program.
46-24-220,
					 MCA; IMP,
					 46-24-220,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.6 - Identity Theft Passport Program › Rule 23.19.602 - APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) To apply for an identity theft passport,
				a victim must:
(a) be a victim of identity
				theft in Montana;
(b) file a report
				with a Montana law enforcement agency alleging identity theft pursuant to
				45-6-332, MCA;
				and
(c) complete the Department of
				Justice's identity theft passport application. The application must, at a
				minimum, include:
(i) a description of the
				alleged identity theft;
(ii) if
				known by the victim, the perpetrator of the identity theft;
(iii) a detailed statement of the accounts
				involved;
(iv) the signature of the
				victim;
(v) a copy of the victim's
				driver's license or other official form of photo identification; and
(vi) the signature of the law enforcement
				agent with whom the victim filed a report.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.6 - Identity Theft Passport Program › Rule 23.19.603 - ISSUANCE OF AN IDENTITY THEFT PASSPORT

Current through Register Vol. 13, July 5, 2024
(1) The
				Office of Victim Services will issue an identity theft passport if the
				provisions of this subchapter have been complied with and the office has a
				reasonable basis to conclude that the alleged identity theft
				occurred.
(2) Identity theft
				passports will not be issued if the application or report is submitted by
				anyone other than a Montana law enforcement agency.
(3) Each identity theft passport has a unique
				number printed on it along with an expiration date. The expiration date will be
				three years from when the card was originally issued by the
				department.
46-24-220,
					 MCA; IMP,
					 46-24-220,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.6 - Identity Theft Passport Program › Rule 23.19.604 - NAME OR ADDRESS CHANGES

Current through Register Vol. 13, July 5, 2024
(1) If a victim who
				has been issued an identity theft passport changes his or her name or address,
				the victim shall:
(a) notify the Office of
				Victim Services, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151,
				within 30 days of the change; and
(b) return their passport to the Office of
				Victim Services.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.6 - Identity Theft Passport Program › Rule 23.19.605 - LOST OR STOLEN PASSPORTS

Current through Register Vol. 13, July 5, 2024
(1) If a victim's
				identity theft passport is lost or stolen the victim must:
(a) notify the Office of Victim Services;
				and
(b) reapply for a new passport
				following the procedures set forth in this subchapter.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.6 - Identity Theft Passport Program › Rule 23.19.606 - PENALTY FOR FRAUDULENT APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) If
				the Office of Victim Services determines that a victim fraudulently applied for
				an identity theft passport, the victim's passport will be immediately
				deactivated.
(2) A victim who
				fraudulently applies for an identity theft passport may be subject to, in
				addition to other penalties available under Montana law, criminal prosecution
				for false swearing pursuant to
				45-7-202,
				MCA.
46-24-220,
					 MCA; IMP,
					 46-24-220,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.10 - Consumer Debt Management › Rule 23.19.1001 - LICENSE FEE

Current through Register Vol. 13, July 5, 2024
(1) The required
				license fee will be $1,000.00. It must be paid every year on or before February
				1.
30-14-2004,
					 MCA; IMP,
					 30-14-2004,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.10 - Consumer Debt Management › Rule 23.19.1002 - BOND REQUIREMENT

Current through Register Vol. 13, July 5, 2024
(1) The surety bond
				for a credit counseling service that maintains an office in this state with a
				credit counselor on the premises will be the same as one that does not maintain
				an office in this state with a credit counselor.
30-14-2004,
					 MCA; IMP,
					 30-14-2004,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.10 - Consumer Debt Management › Rule 23.19.1003 - LIST OF ACCREDITATION AND CERTIFICATION PROVIDERS

Current through Register Vol. 13, July 5, 2024
(1) Accreditation must meet as they pertain
				to credit counseling the:
(a) ISO
				9001:2000;
(b) BSI
				management;
(c) BYGI; or
(d) Council on Accreditation for Children and
				Families standards.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.10 - Consumer Debt Management › Rule 23.19.1004 - OTHER REQUIREMENTS FOR A LICENSE

Current through Register Vol. 13, July 5, 2024
(1)
				The department may refuse to issue or renew a licensee if the applicant has
				been fined or enjoined by any state, part of the federal government, or a
				United States territory.
30-14-2004,
					 MCA; IMP,
					 30-14-2004,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.10 - Consumer Debt Management › Rule 23.19.1005 - CONSULTATION AND MAINTENANCE FEES

Current through Register Vol. 13, July 5, 2024
(1) The
				initial consultation fee or donation shall not be more than $75.
(2) The maintenance fee shall not be more
				than the lower of $50 or 15% of the monthly payment.
(3) Any one time fee for any part of the
				credit counseling or debt management services, regardless of name, will be
				considered a part of the initial consultation fee. Any reoccurring fee for any
				part of the credit counseling or debt management services will be considered a
				part of the maintenance fee for the month it occurs in.
(4) Any fee charged for noncredit counseling
				or debt management services must be reasonable and cannot be tied in any way to
				providing credit counseling or debt management services.
30-14-2010,
					 MCA; IMP,
					 30-14-2010,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.2 - TAX ADMINISTRATION AND COMPLIANCE › Subchapter 24.2.1 - Procedural Rules › Rule 24.2.101 - INCORPORATION OF MODEL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Department
				of Labor and Industry has adopted the model rules proposed by the attorney
				general by reference to such rules as stated in ARM 1.3.211 through ARM 1.3.233
				with the following exceptions:
(a) Model rule
				25(1) (a) (ARM 1.3.230(1) (a)) general provisions, subpoenas, is amended to
				read as follows:
" (i) Upon request of any
				party appearing, the agency shall issue subpoenas for witnesses or subpoenas
				duces tecum. Except as otherwise provided by statute, rule or regulation,
				witness fees and mileage shall be paid by the party requesting the issuance of
				the subpoena.
(ii) A party may
				request from the agency an order that the testimony of a material witness be
				taken by deposition. Fees and mileage are to be paid as determined by
				applicable statutes, rules or regulations."
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.2 - TAX ADMINISTRATION AND COMPLIANCE › Subchapter 24.2.1 - Procedural Rules › Rule 24.2.105 - RULES OF DISCOVERY IN CONTESTED CASES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-602,
					 39-3-202,
					 MCA IMP:
					 2-4-602,
					 39-3-202,
					 MCA .
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.2 - TAX ADMINISTRATION AND COMPLIANCE › Subchapter 24.2.3 - Public Participation › Rule 24.2.301 - POLICIES AND OBJECTIVES IN PROVIDING PUBLIC PARTICIPATION IN THE OPERATION OF THE DEPARTMENT OF LABOR AND INDUSTRY

Current through Register Vol. 13, July 5, 2024
(1)
				Participation of the public is to be provided for, encouraged, and assisted
				with to the fullest extent practicable, consistent with other requirements of
				state law, and the rights and requirements of personal privacy. The department
				invites and encourages public participation to better identify and meet
				customer needs. The major objectives of public participation include:
(a) greater responsiveness of governmental
				actions to public concerns and priorities; and
(b) improved public understanding of official
				programs and actions.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.2 - TAX ADMINISTRATION AND COMPLIANCE › Subchapter 24.2.3 - Public Participation › Rule 24.2.305 - GUIDELINES FOR DETERMINATION OF SIGNIFICANT INTEREST TO THE PUBLIC

Current through Register Vol. 13, July 5, 2024
(1) The adoption, amendment, or repeal of any
				rule, regulation, standard, or statement of general applicability that
				implements, interprets, or prescribes law, or policy, procedure, or practice
				requirements of the department are considered matters of significant interest
				to the public and require notice and opportunity for public participation in
				the decision-making process.
(2) In
				all other cases, whether or not the decision is one of significant interest to
				the public will be determined by the person within the department who is
				proposing the decision, according to the following considerations:
(a) whether the decision regards a
				controversial matter;
(b) the
				number of persons who will be affected by the decision;
(c) the fiscal impact the decision will have;
				or
(d) whether a high level of
				public interest has been witnessed by the department.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.2 - TAX ADMINISTRATION AND COMPLIANCE › Subchapter 24.2.3 - Public Participation › Rule 24.2.309 - NOTICE AND MEANS FOR PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) If
				the department determines that significant interest to the public is involved,
				one or more of the following steps, as applicable, shall be taken to assist
				public participation in decision-making:
(a)
				a proceeding or hearing shall be held in compliance with the provisions of the
				Montana Administrative Procedure Act, Title 2, chapter, 4, MCA;
(b) a public hearing, after appropriate
				notice is given, shall be held pursuant to any other provision, state law,
				local ordinance, or regulation;
(c)
				a news release, legal advertisement, or other method of publication shall be
				given to news media within the area to be affected, including:
(i) department name;
(ii) name of department representative most
				familiar with the proposed action; and
(iii) address, e-mail address, telephone and
				fax numbers where interested persons may submit their data, views, or
				arguments, orally or in writing, concerning the proposed action.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.1 - Organizational Rule › Rule 24.5.101 - ORGANIZATIONAL RULE

Current through Register Vol. 13, July 5, 2024
(1)
Organization of the Office of the Workers' Compensation Judge
.
(a)
History
. The
				office of the workers' compensation judge was created by the 44th Legislature.
				HB 100 established the office of the workers' compensation judge on July 1,
				1975.
(b)
Workers'
				Compensation Judge
. The workers' compensation judge is appointed
				by statute for a six-year term of office and granted all of the privileges and
				other emoluments afforded a district judge. The office of the workers'
				compensation judge is attached to the department of labor and industry for
				administrative purposes only and is expressly authorized to hire its own
				personnel.
(c)
Workers' Compensation Court
. To carry out the legislative intent,
				the office of the workers' compensation judge was organized and functions along
				the lines of the district court. The court follows the appropriate provisions
				of the Montana Administrative Procedure Act.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.301 - PETITION FOR TRIAL

Current through Register Vol. 13, July 5, 2024
(1) The petitioner
				shall make any request for trial before the Workers' Compensation Court in
				petition form. Upon request, the court provides a form that the petitioner may
				use as a petition. The petitioner shall ensure that the petition complies with
				ARM 24.5.306 and includes the
				following information:
(a) in the case of an
				injury, the date and a description of the accident, or, in the case of an
				occupational disease, the date the petitioner became aware of the occupational
				disease and a description of the condition and its occupational origin;
(b) the county where the accident
				occurred or the occupational disease arose;
(c) a short, plain statement of the
				petitioner's contentions;
(d) for
				accidents occurring before July 1, 1987, a statement to the effect that the
				parties have made an effort to resolve the dispute but have been unable to do
				so;
(e) for accidents occurring on
				or after July 1, 1987, and for occupational disease claims, a statement that
				the parties have complied with the mediation provisions set forth in
				39-71-2411,
				MCA;
(f) a statement that the
				petitioner has freely exchanged all available pertinent medical records with
				the respondent pursuant to ARM
				24.5.317 and shall continue to do
				so;
(g) a list of the petitioner's
				potential witnesses and a summary of the subject matter on which the petitioner
				expects each witness to testify; and
(h) a list of written documents relating to
				the claim which the petitioner may introduce as evidence.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.302 - RESPONSE TO PETITION

Current through Register Vol. 13, July 5, 2024
(1) Within the time
				set forth in ARM
				24.5.320, the respondent shall
				serve upon the petitioner and all other parties, and file with the court, a
				response to the petition. The respondent shall ensure that the response
				complies with ARM
				24.5.306 and includes the
				following information:
(a) a short, plain
				statement of the respondent's contentions;
(b) a statement of those facts which
				respondent believes to be uncontested;
(c) a statement that the respondent has
				freely exchanged all available pertinent medical records with the petitioner
				pursuant to ARM
				24.5.317 and shall continue to do
				so;
(d) a list of the respondent's
				potential witnesses and a summary of the subject matter on which the respondent
				expects each witness to testify; and
(e) a list of written documents relating to
				the claim that the respondent may introduce as evidence.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.303 - SERVICE AND FILING

Current through Register Vol. 13, July 5, 2024
(1) The court
				adheres to the following service rules:
(a)
				The court requires a party to make service in certain circumstances.
(i) Generally, the court makes service upon
				opposing parties and others, as designated in the petitioner's or third-party
				petitioner's instructions, by mail from Helena, Montana, with first-class
				postage prepaid. The petitioner or third-party petitioner shall provide the
				following for each party the petitioner or third-party petitioner wishes the
				court to serve, including the petitioner or third-party petitioner:
(A) a copy of the petition or third-party
				petition; and
(B) a correct name
				and address.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.304 - ALTERNATIVE PLEADING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.305 - NATURE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) These rules are
				procedural in nature and will be applied uniformly to all cases regardless of
				the date of injury unless specifically otherwise provided.
Sec.
					 2-4-201,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.307 - THIRD-PARTY PRACTICE

Current through Register Vol. 13, July 5, 2024
(1) The respondent
				may file a third-party petition with the court naming anyone not already a
				party to the action who may be liable to any named party for any or all of the
				claims asserted in the petition.
(a) The
				third-party petitioner shall ensure that the third-party petition includes a
				short, plain statement of the third-party petitioner's contentions with regard
				to the third-party respondent's liability and may incorporate allegations of
				the petition and/or the response to the petition.
(b) The third-party petitioner shall file the
				third-party petition in accordance with ARM
				24.5.303 and ARM
				24.5.320.
(c) The third-party petitioner shall serve
				the third-party petition in accordance with ARM 24.5.303.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.307A - JOINDER AND SERVICE OF ALLEGED UNINSURED EMPLOYERS (Repealed)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201,
					 39-71-2401,
					 39-71-2901,
					 39-71-2903,
					 39-71-2905,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.308 - JOINING THIRD PARTIES

Current through Register Vol. 13, July 5, 2024
(1) The joinder of
				parties is governed where appropriate by the considerations set forth in M. R.
				Civ. P. 14, 19, 20, and 21.
(2)
				Unless otherwise permitted by order of the court, a motion to join a third
				party must be served within the time set forth in
				24.5.320. The motion must be filed
				and served on all parties and the proposed third party. Any party and the
				proposed third party shall have the time set forth in
				24.5.320 to serve objections to
				the motion. The court may, for good cause shown, grant joinder on such terms
				and conditions as are necessary to protect the interests of the existing
				parties, including the interest in a speedy remedy.
(3) If the joinder of a third party results
				in the trial being vacated and good cause is shown, the court may order the
				insurance company alleged to be at risk at the time of the accident to pay
				benefits pending the trial. Such insurer may seek indemnity from the
				responsible insurer if it is later determined that it is not liable.
(4) Within the time set forth in 24.5.320,
				the joined party shall serve upon all parties, and file with the court, a
				response which complies with ARM
				24.5.302.
Sec.
					 2-4-201,
					 39-71-2401,
					 39-71-2901,
					 39-71-2903,
					 39-71-2905,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.309 - INTERVENTION

Current through Register Vol. 13, July 5, 2024
(1) A party may intervene in a pending
				proceeding as set forth in M. R. Civ. P. 24(a) and (b).
(2) If the court vacates the trial because of
				a party's intervention and the petitioner demonstrates good cause, the court
				may order the insurance company alleged to be at risk at the time of the
				accident to pay benefits pending the trial. This insurer may seek indemnity
				from the responsible insurer if the court later determines that it is not
				liable.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 39-71-2901,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.310 - TIME AND PLACE OF TRIAL GENERALLY

Current through Register Vol. 13, July 5, 2024
(1) The
				court has divided the state into six geographic areas. Generally, the court
				holds trials in the places designated in (3) except for trials in the Butte
				venue, which the court holds in Helena unless the parties request otherwise.
				Upon agreement of the parties and consent of the court, or upon order of the
				court, the court may hold a trial at any time and any place. The court attempts
				to accommodate parties' requests for special trial settings; however, the court
				reserves the discretion to determine the time and place of all trials.
(2) The court commences trials on
				Monday of the week set for trial. The court convenes in each area four times
				per year unless the court finds good cause to cancel a trial term. Court is in
				session or recess at the convenience of the court. The court regularly prepares
				a schedule that sets deadlines, the dates for pretrial conferences and trials,
				and the location of the pretrial conferences or trials in each area.
(3) The court has named each of the six areas
				designated for trial schedule purposes for the principal city in the counties
				making up the area as follows:
(a) Kalispell
				area:
(i) Flathead and Lincoln.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.311 - EMERGENCY TRIALS

Current through Register Vol. 13, July 5, 2024
(1) The petitioner
				shall indicate any request for emergency trial in the title of the petition,
				and explain the facts constituting the emergency in the petition. The court may
				hold a trial upon less than 75 days' notice if the petitioner demonstrates good
				cause. The court designates these trials "emergency trials." The petitioner
				shall set forth facts constituting the emergency in sufficient detail for the
				court to determine whether an emergency exists. The petitioner shall also set
				forth a statement indicating the petitioner is ready to proceed to trial. If
				the petitioner does not demonstrate good cause for the emergency setting in the
				petition, the court sets the trial on its regular trial calendar. The court may
				find that an emergency exists if the petitioner demonstrates:
(a) the potential for irreversible or serious
				harm resulting from inability to obtain medical care or medications;
(b) undue financial hardship constituting an
				inability to obtain the necessities of life such as food, shelter, clothing, or
				transportation; or
(c) other facts
				establishing an emergency.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.312 - SETTING TIME AND PLACE OF TRIAL BY STIPULATION OR IN BEST INTERESTS OF THE COURT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.313 - RECUSAL (Repealed)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.314 - ADJUDICATION OF INTERIM BENEFIT CLAIMS UNDER 39-71-610, MCA

Current through Register Vol. 13, July 5, 2024
(1) Appeals of determinations by the
				Department of Labor and Industry regarding interim benefits under
				39-71-610,
				MCA, may be presented to the court in letter form. The court initially
				addresses such appeals informally through telephone conference involving all
				parties.
(2) If any party objects
				to informal resolution of a dispute under
				39-71-610,
				MCA, the court holds a formal evidentiary hearing on an expedited basis. Such
				hearing may be conducted through telephone conference if all parties agree. If
				requested by any party, the court promptly holds an in-person hearing in Helena
				or, at the court's discretion, in some other venue at a date and time set by
				the court.
Sec.
					 2-4-201,
					 39-71-610,
					 39-71-2901,
					 39-71-2903,
					 39-71-2905,
					 MCA; IMP, Sec.
					 2-4-201,
					 39-71-2901,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.315 - PRETRIAL IDENTIFICATION OF WITNESSES AND EXHIBITS

Current through Register Vol. 13, July 5, 2024
(1) At the time set by the court, the parties
				shall exchange and file with the court:
(a) a
				list of all lay witnesses, including those the parties identified in the
				petition for hearing or response to petition for hearing, along with a summary
				of the subject matter on which the parties expect each lay witness to testify;
(b) a list of all expert
				witnesses, including those the parties identified in the petition for hearing
				or response to petition for hearing, along with a summary of the subject matter
				on, and the nature of the facts and opinions to, which the parties expect each
				expert witness to testify; and
(c)
				a list of all proposed exhibits, identifying the exhibit by date, author, and
				number of pages.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.5 - OFFICE OF THE WORKERS' COMPENSATION JUDGE › Subchapter 24.5.3 - Procedural Rules › Rule 24.5.316 - MOTIONS

Current through Register Vol. 13, July 5, 2024
(1) The court fixes the deadline for filing a
				motion to amend a pleading, to dismiss, to quash, for summary judgment, to
				compel, for a protective order, in limine, or for other relief in a scheduling
				or other order, unless the court specifies a different time in these rules.
(2) The moving party shall make
				every motion in writing or on the record.
(a)
				The moving party shall state within the motion whether any other party opposes
				it. If the moving party is unable to contact any other party, the moving party
				shall certify that the moving party attempted to do so.
(b) If the moving party contacts all other
				parties and none oppose the motion, the moving party need not file any other
				documents beyond the motion. The court deems the motion ripe for decision and
				rules.
(c) If a party opposes the
				motion, or if the moving party is unable to contact any other party, the moving
				party shall file the motion with a supporting brief. The moving party may
				include supporting documents and affidavits with the briefs. A party opposing a
				motion shall file a response brief within the time set forth in ARM
				24.5.320. The party may include
				appropriate documents and affidavits. Within the time set forth in ARM
				24.5.320, the moving party may file a reply brief. The court may change these
				filing deadlines by order.