reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.8 - Electronic Funds Transfer › Rule 2.63.801 - ELECTRONIC FUNDS TRANSFER

Current through Register Vol. 13, July 5, 2024
(1) As a condition
				of licensing, a sales agent shall agree to participate in the lottery's
				electronic funds transfer system.
(2) The director may determine the schedule
				for debiting (sweeping) the sales agent's account, subject to concurrence of
				the commission. The director may allow deviation from the schedule for the
				first game and in other special circumstances.
(3) The sales agent shall bring any
				accounting error, bank account change, or dispute to the attention of the
				lottery before the next scheduled sweep.
(4) A sales agent must pay the amount of any
				nonsufficient fund sweep immediately by certified check, cashier's check, or
				money order. If the debt is not paid, the sales agent shall immediately
				surrender all tickets, equipment, paper, and other lottery material and is
				subject to license revocation proceedings.
(5) Two or more sweeps that result in
				nonsufficient funds are cause for license suspension or revocation.
AUTH:
					 23-7-202,
					 23-7-301,
					 MCA; IMP:
					 23-7-301,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.10 - Scratch Ticket Rules › Rule 2.63.1001 - SALE OF SCRATCH TICKETS (REPEALED)

Current through Register Vol. 13, July 5, 2024
23-7-202, MCA; IMP,
					 23-7-202,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.10 - Scratch Ticket Rules › Rule 2.63.1002 - LOTTERY TICKET PRICE

Current through Register Vol. 13, July 5, 2024
(1) The price of a
				lottery ticket is determined by the lottery commission. A sales agent may not
				sell a lottery ticket for more than the price printed on the ticket. A sales
				agent may give away tickets.
AUTH:
					 23-7-202,
					 MCA; IMP:
					 23-7-202,
					 23-7-301,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.10 - Scratch Ticket Rules › Rule 2.63.1003 - INSTANT TICKET MARKING (REPEALED)

Current through Register Vol. 13, July 5, 2024
23-5-1007, MCA; IMP,
					 23-5-1007,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.10 - Scratch Ticket Rules › Rule 2.63.1004 - LOTTERY TICKETS - SALES AGENT

Current through Register Vol. 13, July 5, 2024
(1) The sales
				agent is responsible for all lottery tickets after acceptance and bears the
				burden of any loss, including theft or damage.
AUTH:
					 23-7-202,
					 MCA; IMP:
					 23-7-202,
					 23-7-301,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.10 - Scratch Ticket Rules › Rule 2.63.1005 - NOTIFICATION OF LOST, DAMAGED, OR STOLEN TICKETS OR EQUIPMENT AND INVESTIGATIVE COOPERATION

Current through Register Vol. 13, July 5, 2024
(1) Sales agents
				shall immediately report the theft, loss, or damage of any tickets, paper, or
				equipment to the director and local law enforcement authorities.
(2) Sales agents shall contact the lottery to
				report any suspicious activity that could affect the integrity of the lottery,
				including but not limited to:
(a) an offer of
				compensation from another person to claim a lottery prize or wager winnings;
(b) any attempt to influence
				winning a prize through the use of coercion, fraud, deception, or tampering
				with equipment and materials; or
(c) persons seeking technical information
				regarding the operation of lottery equipment.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.10 - Scratch Ticket Rules › Rule 2.63.1006 - SCRATCH TICKET RETURNS

Current through Register Vol. 13, July 5, 2024
(1) Unsold scratch
				game tickets may be returned to the lottery for full credit within time limits
				established by the director.
23-7-202, MCA; IMP,
					 23-7-202,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.10 - Scratch Ticket Rules › Rule 2.63.1007 - SALES STAFF INCENTIVE PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
23-7-202, MCA; IMP,
					 23-7-202,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.12 - Prizes › Rule 2.63.1201 - PRIZES

Current through Register Vol. 13, July 5, 2024
(1) Winning lottery and sports wager tickets
				will be redeemed:
(a) by any sales agent for
				lottery and sports wager tickets less than $600; or
(b) if the lottery ticket or sports wager
				ticket value is $600 or more, by presenting the ticket, a claim form, and
				valid, unexpired photo identification to the lottery, either by mail or in
				person. Play slip or sales receipt may not be used to claim a prize. Acceptable
				types of identification include an original or copy of:
(i) driver license;
(ii) government-issued identification
				card;
(iii) military identification
				card;
(iv) passport;
(v) permanent resident card;
(vi) Department of Veterans Affairs medical
				benefits card; and
(vii) tribal
				government-issued identification card.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.12 - Prizes › Rule 2.63.1202 - LOTTERY TICKET WINNER REDEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) Sales
				agents are responsible for the security of all winning lottery tickets and
				sports wagers they redeem. Sales agents will bear the burden of any loss
				incurred as a result of:
(a) multiple
				redemptions of winning lottery and sports wager tickets;
(b) nonwinning lottery and sports wager
				tickets redeemed in error as winning lottery and sports wager tickets;
				or
(c) failure to redeem winning
				lottery and sports wager tickets in the manner determined by the
				director.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.13 - Sports Wagering › Rule 2.63.1301 - SPORTS WAGERING ACCOUNTS

Current through Register Vol. 13, July 5, 2024
(1) Only players
				who have established a sports wagering account as defined in
				23-7-103,
				MCA, may engage in mobile sports wagering.
(2) The lottery may accept wagers at a sports
				wagering facility through a sports wagering terminal without the player
				establishing a sports wagering account.
(3) The lottery shall record and maintain the
				information submitted to initially create a sports wagering account.
(4) Before establishing a sports wagering
				account, the lottery shall:
(a) verify the
				player's identity by physical or electronic means;
(b) verify the player is 18 years of age or
				older by physical or electronic means as provided in [2.63.410 ];
(c) verify the player is not self-excluded
				from participating in sports wagering by participation in the self-exclusion
				program as provided in [2.63.1304 ];
(d) verify the player is not prohibited from
				sports wagering by
				23-7-302(4),
				MCA, or otherwise prohibited from participating in sports wagering;
(e) record the document number of the
				government-issued identification credentials examined, or other methodology for
				remote, multi-sourced authentication, which may include third-party and
				governmental databases, as approved by the director; and
(f) record the player's:
(i) acceptance of the terms and conditions
				and privacy policy; and
(ii)
				acknowledgment that the information provided is accurate and that the player is
				prohibited from allowing any other person to access or use their sports
				wagering account.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.13 - Sports Wagering › Rule 2.63.1304 - SELF-EXCLUSION PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The voluntary
				self-exclusion program allows persons who wish to refrain from sports wagering
				to notify the lottery that they accept responsibility for refraining from
				sports wagering offered by the lottery. Each person seeking placement in the
				voluntary self-exclusion program acknowledges the responsibility to refrain
				from engaging in sports wagering.
(2) A person may request placement in the
				voluntary self-exclusion program by completing the application and following
				the procedure outlined at montanalottery.com.
(3) A program participant may not create a
				sports wagering account and may not collect any winnings or recover any losses
				resulting from any sports wagers under the lottery's control.
(4) The program participant must forfeit all
				rewards or points earned through any player reward or other promotional
				programs offered by the lottery.
(5) A person who has self-excluded may
				request removal from the self-exclusion program by following the procedure
				outlined at montanalottery.com.
AUTH:
					 23-7-202,
					 MCA; IMP:
					 23-7-202,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.63 - MONTANA STATE LOTTERY COMMISSION › Subchapter 2.63.13 - Sports Wagering › Rule 2.63.1305 - RESPONSIBLE GAMING

Current through Register Vol. 13, July 5, 2024
(1) The lottery
				shall provide players choices in their sports wagering account to select
				responsible gaming options, including self-limiting options such as:
(a) a deposit limit offered on a daily,
				weekly, and monthly basis that specifies the maximum amount of money a player
				may deposit into their sports wagering account during a particular period of
				time;
(b) a spending limit offered
				on a daily, weekly, and monthly basis that specifies the maximum amount of
				player funds that may be put at risk during a particular period of time;
				and
(c) a time-based limit, offered
				daily that specifies the maximum amount of time, measured hourly from the
				player's log-in to log-off, a player may spend playing on a sports wagering
				system.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.1 - Organizational Rule › Rule 2.65.101 - ORGANIZATIONAL RULE

Current through Register Vol. 13, July 5, 2024
(1) The burial
				preservation board was established by
				22-3-804, MCA. The board
				administers the provisions of
				22-3-801, MCA, to ensure that all
				burials on state and private lands be accorded equal treatment and respect for
				human dignity.
(2) The burial
				preservation board consists of 13 members appointed by the governor for a
				two-year term. Meetings of the board will be scheduled by the chairperson or at
				the request of at least four board members. The board, however, should meet in
				person the first Wednesday in May, if possible. Minutes shall be kept of all
				board meetings and copies of the minutes distributed to all board
				members.
(3) Written notice of
				regular board meetings shall be provided at least 30 days prior to the
				meeting.
(4) The board may meet
				without notice if necessary to determine the appropriate disposition of human
				remains or burial material discovered under
				22-3-805, MCA.
(5) Seven members in attendance at a board
				meeting shall constitute a quorum.
(6) The chairperson is nominated from the
				membership of the burial preservation board.
(7) Any vacancies shall be filled in the same
				manner as the original appointed and only for the unexpired term.
22-3-804, MCA; IMP,
					 22-3-804,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.1 - Organizational Rule › Rule 2.65.102 - PROTECTION OF SITE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  2.65.301
22-3-804, MCA; IMP,
					 22-3-805,
					 22-3-808,
					 22-3-809,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.1 - Organizational Rule › Rule 2.65.103 - NOTICE AND REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  2.65.302
22-3-804, MCA; IMP,
					 22-3-804,
					 22-3-805,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.1 - Organizational Rule › Rule 2.65.104 - FIELD REVIEW

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  2.65.303
22-3-804, MCA; IMP,
					 22-3-804,
					 22-3-805,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.1 - Organizational Rule › Rule 2.65.105 - REMOVAL OF REMAINS OR BURIAL MATERIALS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  2.65.304
22-3-804, MCA; IMP,
					 22-3-804,
					 22-3-805,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.1 - Organizational Rule › Rule 2.65.106 - DISPOSITION OF REMAINS AND BURIAL MATERIALS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  2.65.305
22-3-804, MCA; IMP,
					 22-3-805,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.1 - Organizational Rule › Rule 2.65.107 - PERMITS FOR SCIENTIFIC ANALYSIS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  2.65.306
22-3-804, MCA; IMP,
					 22-3-804,
					 22-3-806,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.1 - Organizational Rule › Rule 2.65.108 - REPORTS AND BURIAL REGISTRY

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  2.65.307
22-3-804, MCA; IMP,
					 22-3-804,
					 22-3-807,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.2 - Model Procedural Rules › Rule 2.65.201 - MODEL PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The board
				adopts and incorporates by reference the following model rules, which may be
				found at
http://www.mtrules.org
;
(a) the Attorney General's model procedural
				rules ARM 1.3.211 through
				1.3.224 and
				1.3.226 through
				1.3.233, including, as applicable,
				the appendix of sample forms in effect May 10, 2013; and
(b) the Secretary of State's model rules ARM
				1.3.301,
				1.3.302,
				1.3.304,
				1.3.305,
				1.3.307 through
				1.3.309, and
				1.3.311 through
				1.3.313 in effect May 10, 2013.
				These rules define model requirements for rulemaking under the Montana
				Administrative Procedure Act.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.3 - Human Skeletal Remains and Burial Site Preservation › Rule 2.65.301 - PROTECTION OF SITE

Current through Register Vol. 13, July 5, 2024
(1) After
				notification of a discovery, the person in charge of any survey, excavation,
				construction, agricultural practices or like activity on private or state lands
				which has disturbed or threatens to disturb human skeletal remains, a burial
				site or burial material, shall immediately take all reasonable steps to secure
				preservation of the site in situ by immediately stopping all activity
				destructive to it and by making a reasonable effort to secure it from
				vandalism, theft, erosion and other harmful disturbance.
22-3-804, MCA; IMP,
					 22-3-805,
					 22-3-808,
					 22-3-809,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.3 - Human Skeletal Remains and Burial Site Preservation › Rule 2.65.303 - FIELD REVIEW

Current through Register Vol. 13, July 5, 2024
(1) The board
				representative nearest to the discovery or a representative designated by the
				chairperson shall conduct a field review.
(2) With the permission of the landowner, a
				field review shall be conducted within 36 hours after the board received notice
				of a discovery of human skeletal remains, a burial site or burial material. The
				board representative may negotiate with the landowner for a reasonable
				extension of time to conduct a field review, if necessary.
(3) In conducting a field review, evidence
				that human remains or a burial site exists may include, but is not limited to
				the following:
(a) physical evidence on-site
				or by archeological techniques demonstrating the presence of human
				remains;
(b) previous grave
				markers;
(c) written documentation;
				and
(d) oral depositions,
				affidavits or oral histories.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.3 - Human Skeletal Remains and Burial Site Preservation › Rule 2.65.304 - REMOVAL OF REMAINS OR BURIAL MATERIALS

Current through Register Vol. 13, July 5, 2024
(1)
				If the human remains or burial material cannot be preserved in situ and it is
				necessary to remove them, the chairperson of the board shall designate someone
				to disinter the human remains or the burial material.
(2) If an agreement has been reached with the
				landowner providing for reburial on another site on his or her property, such
				reburial may be conducted by a board representative, archeologist or the
				landowner.
(3) The nearest board
				representative will monitor any disinterment of human remains or burial
				materials to ensure that the remains are treated with respect and
				dignity.
(4) The board shall give
				control and make its determination of the final disposition of human remains,
				or burial materials according to the following priority:
(a) the descendants, if
				identifiable;
(b) the tribe or
				other cultural group that has the closest cultural affiliation with the human
				skeletal remains or burial materials;
(c) the tribe or other cultural group
				recognized as having aboriginally or historically occupied the area where the
				remains or materials were discovered if, upon notification by the board, the
				tribe or cultural group state a claim for the remains or material; or
(d) if unclaimed by any tribe or cultural
				group, the board, which shall determine the appropriate disposition and oversee
				the reinterment of the remains and materials.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.3 - Human Skeletal Remains and Burial Site Preservation › Rule 2.65.305 - DISPOSITION OF REMAINS AND BURIAL MATERIALS

Current through Register Vol. 13, July 5, 2024
(1)
				The board shall make reasonable attempts to notify the persons, tribe or groups
				identified in
				22-3-805(7), MCA,
				of the discovery and disposition of the human remains and burial
				materials.
(2) If it is necessary
				to disinter the human remains and burial materials at another location, the
				board shall consult with those persons identified in
				22-3-805(7), MCA,
				regarding the final disposition of the remains or materials.
22-3-804, MCA; IMP,
					 22-3-805,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.3 - Human Skeletal Remains and Burial Site Preservation › Rule 2.65.306 - PERMITS FOR SCIENTIFIC ANALYSIS

Current through Register Vol. 13, July 5, 2024
(1) All
				petitions for scientific analysis shall include a nonrefundable application fee
				of $50, scientific justification for the study, qualifications of the person
				requesting the study, methodology and the time frame necessary to complete the
				study.
(2) Petitions shall be
				submitted to the state historic preservation officer and the physical
				anthropologist on the board. The state historic preservation officer and the
				physical anthropologist on the board shall review the proposed methodology and
				make a recommendation to the board.
(3) In evaluating whether a petition is scientifically
				justifiable the board should consider the following:
(a) whether the study will contribute new
				information;
(b) whether there is
				substantial public interest in the matter studied;
(c) whether the information sought to be
				learned can be obtained by other methods;
(d) qualifications of the person(s) who will
				conduct the study;
(e) the
				methodology proposed;
(f) the time
				frame proposed;
(g) the nature of
				the items to be studied; and
(h)
				the recommendations of lineal descendants, tribe or cultural group that has the
				closest cultural affiliation, if any.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.3 - Human Skeletal Remains and Burial Site Preservation › Rule 2.65.307 - REPORTS AND BURIAL REGISTRY

Current through Register Vol. 13, July 5, 2024
(1) A report of
				remains will be completed by the board or the board's representative and shall
				include the following:
(a) for disinterment
				and removal:
(i) identification of the names
				and organizations, agency or institutional affiliations of all individuals
				participating in disinterment and removal;
(ii) date(s) of activity and the site,
				context and identification of remains and materials, including location from
				which remains were removed identified by county and legal description and/or
				map showing location of site;
(iii)
				cultural identification of remains or materials and descriptions of features or
				information used in making any determination; and
(iv) photograph of remains or materials or
				inventory of remains including number of human bones and bone fragments and
				inventory of any associated objects;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.4 - Repatriation of Human Skeletal Remains and Funerary Objects › Rule 2.65.401 - SCOPE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) The board's
				repatriation rules apply to:
(a) Native
				American or non-Native American human skeletal remains and funerary objects
				discovered on state-owned or private lands in Montana and held by museums or
				state agencies in Montana that receive state funding but no federal
				funding;
(b) non-Native American
				human skeletal remains and funerary objects discovered on state-owned or
				private lands in Montana and held by museums or state agencies in Montana that
				receive state and federal funding; and
(c) Native or non-Native American human
				skeletal remains and funerary objects discovered on state-owned or private
				lands in Montana and held by a person.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.4 - Repatriation of Human Skeletal Remains and Funerary Objects › Rule 2.65.402 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the definitions found in
				  22-3-903, MCA, the following
				  definitions apply in this subchapter:
(1) "Culturally unidentifiable human skeletal
				remains or funerary objects" means human remains and funerary objects in a
				museum or an agency's possession for which no lineal descendant or cultural
				affiliation has been identified in the inventory process described in
				22-3-911, MCA.
(2) "Group" means a "tribal group" as defined
				in 22-3-803, MCA, or a "cultural
				group" as defined in
				22-3-805, MCA.
(3) "Identifiable earlier tribe" means:
(a) Blackfeet;
(b) Gros Ventres;
(c) Crow;
(d) Sioux;
(e) Kootenai (Flathead
				Reservation);
(f) Assiniboine (Fort
				Belknap Reservation);
(g)
				Assiniboine (Fort Peck Reservation);
(h) Chippewa (Rocky Boy's Reservation and
				Little Shell Tribe);
(i) Pend
				d'Oreille or Upper Kalispell (Flathead Reservation);
(j) Salish or Flathead (Flathead
				Reservation);
(k)
				Cheyenne;
(l) Cree (Rocky Boy's
				Reservation);
(m) Kiowa;
(n) Shoshone;
(o) Bannock; and
(p) Apachean.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.4 - Repatriation of Human Skeletal Remains and Funerary Objects › Rule 2.65.403 - PETITION TO ADD A TRIBE

Current through Register Vol. 13, July 5, 2024
(1) A person, as
				defined in
				22-3-903(12),
				MCA, or tribe may petition the board to add a tribe or tribes to the list in
				ARM 2.65.402. The petition must be in
				writing and include evidence supporting the proposal to add a tribe or tribes
				to the list.
(2) The board shall
				consider each petition and decide, based on the petitioner's evidence and any
				other evidence coming to the board's attention, whether adding a tribe or
				tribes to the list is justified.
(3) If, based on a preponderance of the
				evidence, the board finds that the petition documents an identifiable earlier
				tribe, the board shall propose to amend ARM 2.65.402.
(4) If, based on a preponderance of the
				evidence, the board finds that the petition fails to document an identifiable
				earlier tribe, the board shall dismiss the petition without prejudice, allowing
				a person to resubmit a petition with additional evidence.
22-3-904, MCA; IMP,
					 22-3-903,
					 22-3-904,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.4 - Repatriation of Human Skeletal Remains and Funerary Objects › Rule 2.65.404 - CONTENTS OF A CLAIM FOR REPATRIATION

Current through Register Vol. 13, July 5, 2024
(1) A
				claimant shall file its written claim with the board. A written claim for
				repatriation must include a description of the claimant's cultural affiliation
				to the human skeletal remains or funerary objects and an explanation why the
				possessing entity does not have the right of possession.
(2) In reviewing a claim, the board shall
				determine whether the claim includes the information described in (1). The
				board may not review the merits of the claim at this stage of the
				review.
(3) If a claimant fails to
				provide the above information, the board shall dismiss and return the claim to
				the claimant. A claimant may file a revised claim with the board.
22-3-904, MCA; IMP,
					 22-3-904,
					 22-3-912,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.4 - Repatriation of Human Skeletal Remains and Funerary Objects › Rule 2.65.405 - CRITERIA FOR DETERMINING LINEAL DESCENT AND CULTURAL AFFILIATION WHEN REVIEWING A REPATRIATION CLAIM

Current through Register Vol. 13, July 5, 2024
(1) A
				lineal descendant is an individual tracing his or her ancestry directly and
				without interruption by:
(a) means of the
				traditional kinship system of the appropriate tribal or other cultural group;
				or
(b) the common law system of
				decendance to a known individual whose human skeletal remains or funerary
				objects are being requested under these rules.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.65 - BURIAL PRESERVATION BOARD › Subchapter 2.65.4 - Repatriation of Human Skeletal Remains and Funerary Objects › Rule 2.65.406 - DELAY OF REPATRIATION FOR SCIENTIFIC STUDY

Current through Register Vol. 13, July 5, 2024
(1) If the hearing examiner determines that a
				possessing entity has provided evidence supporting a good faith effort
				regarding scientific study, the hearing examiner shall provide a reasonable
				period of delay, not to exceed 12 months from the date of the hearing
				examiner's order, to allow completion of the study before
				repatriation.
22-3-904, MCA; IMP,
					 22-3-904,
					 22-3-915,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.67 - BOARD OF COUNTY PRINTING › Subchapter 2.67.1 - Organizational Rule › Rule 2.67.101 - ORGANIZATION OF BOARD

Current through Register Vol. 13, July 5, 2024
(1) This rule
				describes the organization and functions of the board of county printing.
(a)
History
. The
				county printing commission was established by the legislature in 1967. The
				commission consists of five members appointed by the governor for terms of two
				years. Two members shall be members of the printing industry, two shall be
				county commissioners, and one shall be a member of the general public. The
				commission shall meet annually. The Montana county printing commission was
				continued by the legislature in 1971 and renamed the board of county
				printing.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.67 - BOARD OF COUNTY PRINTING › Subchapter 2.67.2 - Rules of Practice › Rule 2.67.201 - INCORPORATION OF MODEL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				County Printing adopts and incorporates by reference the Secretary of State's
				model rules ARM
				1.3.301,
				1.3.302,
				1.3.304,
				1.3.305,
				1.3.307 through
				1.3.309, and
				1.3.311 through
				1.3.313 in effect October 16, 2009.
				These rules define model requirements for rulemaking under the Montana
				Administrative Procedure Act. The rules may be found at
http://sos.mt.gov
/.
2-4-201, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.67 - BOARD OF COUNTY PRINTING › Subchapter 2.67.3 - Substantive Rules › Rule 2.67.301 - POWERS AND DUTIES OF BOARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
7-5-2404,
					 18-7-404, MCA; IMP,
					 7-5-2404,
					 18-7-404,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.67 - BOARD OF COUNTY PRINTING › Subchapter 2.67.3 - Substantive Rules › Rule 2.67.302 - COUNTY COMMISSIONERS TO CONTRACT FOR COUNTY LEGAL ADVERTISING (REPEALED)

Current through Register Vol. 13, July 5, 2024
7-5-2405,
					 18-7-405, MCA; IMP,
					 7-5-2411,
					 18-7-411,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.67 - BOARD OF COUNTY PRINTING › Subchapter 2.67.3 - Substantive Rules › Rule 2.67.303 - OFFICIAL MAXIMUM PRICES AND PRINTING STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Rates for county legal advertising may
				not exceed $13 for the first folio insertion and $11 for each subsequent
				insertion.
(2) The following is the
				basis of measurement for the computation of folios in the various sizes of type
				when set in one standard newspaper column width of approximately two inches:
(a) 15 lines of solid eight-point
				type;
(b) 17 lines of solid
				nine-point type;
(c) 18 lines of
				solid ten-point type; or
(d) 100
				words.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.67 - BOARD OF COUNTY PRINTING › Subchapter 2.67.3 - Substantive Rules › Rule 2.67.304 - SCHEDULE OF PRICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
7-5-2404, MCA; IMP,
					 7-5-2404,
					 MCA;
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.69 - STATEWIDE PUBLIC DEFENDER SYSTEM › Subchapter 2.69.1 - Organizational Rule › Rule 2.69.101 - ORGANIZATION OF THE STATEWIDE PUBLIC DEFENDER SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) The organization and function of the
				statewide public defender system are described in this rule.
(a)
History.
The
				statewide public defender system was established by Chapter 449, Laws of
				Montana, 2005. The system is provided for in 47-1-104, MCA.
(b)
Structure.
The
				statewide system consists of the following:
(i) the Montana Public Defender Commission,
				comprised of eleven members appointed by the Governor. The commission is
				allocated to the Department of Administration for administrative purposes
				(2-15-1028, MCA) ;
(ii) the Office
				of the State Public Defender;
(iii)
				11 regional offices; and
(iv) the
				Appellate Defender.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.69 - STATEWIDE PUBLIC DEFENDER SYSTEM › Subchapter 2.69.2 - Procedural Rules and Definitions › Rule 2.69.201 - MODEL PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Office of
				the State Public Defender (OPD) adopts and incorporates by reference the
				following model rules, which may be found at
http://sos.mt.gov/
:
(a) the Attorney General's Model Procedural
				Rules ARM 1.3.201,
				1.3.202,
				1.3.211 through
				1.3.224, and
				1.3.226 through
				1.3.233, including the appendix of
				sample forms in effect February 13, 2018. These rules provide model rules of
				practice for contested case hearings and declaratory rulings; and
(b) the Secretary of State's model rules ARM
				1.3.101,
				1.3.102,
				1.3.301,
				1.3.302,
				1.3.304,
				1.3.305,
				1.3.307 through
				1.3.309, and
				1.3.311 through
				1.3.313 in effect February 13,
				2018. These rules define model requirements for rulemaking under the Montana
				Administrative Procedure Act.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.69 - STATEWIDE PUBLIC DEFENDER SYSTEM › Subchapter 2.69.2 - Procedural Rules and Definitions › Rule 2.69.202 - PROCEDURES FOR THE ISSUANCE OF DECLARATORY RULINGS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-201, MCA IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.69 - STATEWIDE PUBLIC DEFENDER SYSTEM › Subchapter 2.69.2 - Procedural Rules and Definitions › Rule 2.69.203 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Applicant" means a person who seeks
				public defender services.
(2)
				"Income" includes, but is not limited to, all household wages; business or
				self-employment income; unemployment, social security or workers' compensation
				benefits; Supplemental Nutrition Assistance Program (SNAP) benefits; government
				assistance payments; dividends; pension, retirement, or interest income; and
				rental income. Child support, the percentage of veteran's benefits related to
				disability, and student financial aid are excluded from income. Applicant's
				income is subject to periodic review.
(3) "Regional office" means an office
				authorized under
				47-1-104(2), MCA.
(4) "Substantial hardship" means
				that an evaluation of multiple criteria has determined that retaining competent
				private counsel would incur substantial hardship to the applicant or the
				members of the applicant's household. The criteria to be considered include,
				but are not limited to:
(a) gross household
				income less reasonable and necessary expenses;
(b) extent and liquidity of assets;
(c) severity of crime(s) charged;
(d) estimated cost of retaining private
				counsel; and
(e) incarceration
				status.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.69 - STATEWIDE PUBLIC DEFENDER SYSTEM › Subchapter 2.69.3 - Determination of Indigency and Eligibility for Public Defender Services › Rule 2.69.301 - DETERMINATION OF INDIGENCY

Current through Register Vol. 13, July 5, 2024
(1) The Central
				Services Division shall prepare forms to capture financial information from an
				applicant for public defender services, including an affidavit as required in
				47-1-111(2), MCA.
				The forms must be reviewed biennially.
(2) Local OPD offices shall distribute the
				forms to courthouses, jails, and other venues determined appropriate by the
				offices.
(3) The applicant shall
				complete the forms following instructions provided on the forms and forward
				them to the appropriate regional office indicated on the forms.
(4) The staff of the local office shall
				review an applicant's forms and determine whether an applicant is indigent and
				qualifies for public defender services based on the income guidelines in
				47-1-111(3)(a),
				MCA.
(5) The local office shall
				forward application forms for those who do not qualify based on income to the
				Central Services Division for an eligibility determination under the
				substantial hardship qualification in
				47-1-111(3)(b),
				MCA, using criteria in ARM
				2.69.203.
(6) The local office shall notify the
				applicant if the applicant does not qualify for public defender services, and
				shall file a motion to rescind with the court.
(7) All information collected on the forms
				must be treated as confidential except:
(a)
				as required in
				47-1-111, MCA; or
(b) when judicial review of the determination
				is requested by the applicant. At that time, the forms shall be submitted to
				the court for in camera inspection.
Administrative Rules of Montana › Department 2 - ADMINISTRATION › Chapter 2.69 - STATEWIDE PUBLIC DEFENDER SYSTEM › Subchapter 2.69.6 - Compensation for Contracted Attorneys and Nonattorneys (Repealed) › Rule 2.69.601 - REASONABLE COMPENSATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 47-1-105,
					 47-1-216, MCA IMP:
					 47-1-105,
					 47-1-216,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.1 - ORGANIZATIONAL RULE › Subchapter 4.1.1 - N/A › Rule 4.1.101 - ORGANIZATION AND FUNCTIONS

Current through Register Vol. 13, July 5, 2024
(1) Organization of
				the department:
(a) The Department of
				Agriculture, as directed by the 1889 and 1972 Montana Constitutions, was
				implemented under the authority of the Executive Reorganization Act of 1971 by
				executive order of the Governor on December 9, 1971.
(b) The department has three divisions, each
				headed by an administrator:
(i) Central
				Services Division;
(ii)
				Agricultural Development Division; and
(iii) Agricultural Sciences
				Division.
(c) The
				Director of Agriculture is appointed by the Governor subject to Senate
				confirmation, and is responsible for the administration of the department and
				its divisions.
(d) The board,
				committees, and councils attached to the department, for administrative
				purposes only, are the following:
(i) The
				Agriculture Development Council consists of seven members, including the
				directors of the departments of Agriculture and Commerce and is appointed by
				the Governor.
(ii) The Alfalfa Seed
				Committee consists of eight members including the Director of Agriculture and
				is appointed by the Governor.
(iii)
				The Montana Pulse Crop Committee consists of 5 members appointed by the
				Governor, the Director of Agriculture is an ex officio of the board.
(iv) The Montana Wheat and Barley Committee
				consists of seven members and three designated ex officio nonvoting members,
				which includes the Director of Agriculture and is appointed by the
				Governor.
(v) The Board of Hail
				Insurance consists of five members which include the State Auditor and Director
				of Agriculture, who also serves as the secretary of the board and is appointed
				by the Governor.
(e) The
				following committees and councils are created to advise the Department of
				Agriculture with respect to their respective subject matter:
(i) The Noxious Weed Seed Free Forage
				Advisory Council consists of ten members and is appointed by the Director of
				Agriculture.
(ii) The Noxious Weed
				Management Advisory Council consists of 11 members and is appointed by the
				Director of Agriculture.
(iii) The
				Organic Commodity Advisory Council consists of eight members including the
				director and is appointed by the Director of Agriculture.
(iv) The Pesticide Advisory Council consists
				of not more than 12 members and is appointed by the Director of Agriculture.
				This council is currently not active.
(v) The Potato Advisory Committee consists of
				seven members and is appointed by the Director of Agriculture.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.1 - Model Procedural Rules › Rule 4.2.101 - MODEL PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Department
				of Agriculture adopts and incorporates the Attorney General's model rules as
				stated in ARM
				1.3.201 through
				1.3.233 together with the
				exceptions and additions set forth in ARM
				4.2.102.
AUTH:
					 2-4-202, MCA; IMP:
					 2-4-202,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.1 - Model Procedural Rules › Rule 4.2.102 - EXCEPTIONS AND ADDITIONS FOR AGRICULTURAL SCIENCES DIVISION

Current through Register Vol. 13, July 5, 2024
(1) ARM
				1.3.307 requirements are modified
				by 80-8-105(1),
				MCA.
AUTH:
					 2-4-202, MCA; IMP:
					 2-4-202,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.1 - Model Procedural Rules › Rule 4.2.103 - EXCEPTIONS AND ADDITIONS FOR PLANT INDUSTRY DIVISION IS HEREBY REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-412
					 MCA; IMP, Sec.
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.2 - Public Participation Rules › Rule 4.2.201 - POLICIES AND OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) Public
				participation is to be allowed to the fullest extent practicable and consistent
				with the other requirements of state law and the rights and requirements of
				personal privacy. Greater responsiveness of governmental actions to public
				concern and priorities will be one major objective. Mutual trust and
				understanding between the public and this department to better serve Montana
				citizens.
Sec.
					 2-3-103
					 MCA; IMP, Sec.
					 2-3-103
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.2 - Public Participation Rules › Rule 4.2.202 - GUIDELINES

Current through Register Vol. 13, July 5, 2024
(1) Covers guidelines of the department
				programs that could allow for public participation but may vary in relation to
				resources available, public response, the nature of the issues involved. Some
				of the areas that this rules will pertain to are:
(a) Informational materials - the department
				shall provide and make accessible all available policy, program and/or
				technical information to enable interested or affected parties to make informed
				and constructive contributions toward departmental decision making. News
				releases and other publications may be used for this purpose as well as
				informational discussions and meetings with interested citizen's groups.
				Special efforts shall be made to summarize complex technical materials for
				public and media use.
(b)
				Assistance to the public - the department will have a procedure for providing
				technical and informational assistance to public groups for citizen education,
				committee workshop training, dissemination of information to concerned groups
				and individuals. Requests for information shall be promptly handled.
(c) Consultation - the department shall have
				a procedure for early consultation and exchange of views with interested
				persons and organizations on development or revision of plans, programs or
				other significant activity prior to decision making. Advisory groups, ad hoc
				committees or workshop meetings may serve this purpose.
(d) Notification - the department 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 paragraph (a) of this rule. The department
				shall, in addition, notify any interested persons of any public hearing.
				Further internal procedures for receiving and ensuring proper consideration of
				evidence and information submitted by citizens will be developed.
(e) Other measures - the listing of specific
				means in this section shall not preclude additional techniques for obtaining,
				encouraging or assisting public participation.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.2 - Public Participation Rules › Rule 4.2.203 - AWARDING CONTRACTS

Current through Register Vol. 13, July 5, 2024
(1) This allows for
				citizens to have the opportunity for involvement in the awarding of contracts
				and this shall be provided by observing the laws regarding awarding contracts
				by public agencies. These laws require that any significant contracts be
				submitted to bid and public notice is through the invitation to bid.
Sec.
					 2-3-103
					 MCA; IMP, Sec.
					 2-3-103
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.2 - Public Participation Rules › Rule 4.2.204 - DEPARTMENT LIAISON

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				all other requirements the department and the director shall continue to
				maintain liaison with citizen organizations active in areas concerning
				department responsibilities. This liaison will be on formal and informal bases
				through participation in their meetings and in their organizations.
See.
					 2-3-103
					 MCA; IMP, Sec.
					 2-3-103
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.3 - Montana Environmental Policy Act › Rule 4.2.301 - POLICY STATEMENT CONCERNING MEPA RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-15-112,
					 MCA; IMP, Sec.
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.3 - Montana Environmental Policy Act › Rule 4.2.302 - DEFINITION OF MEPA TERMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-15-112,
					 MCA; IMP, Sec.
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.3 - Montana Environmental Policy Act › Rule 4.2.303 - DETERMINATION OF NECESSITY FOR ENVIRONMENTAL IMPACT STATEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-15-112,
					 MCA; IMP, Sec.
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.3 - Montana Environmental Policy Act › Rule 4.2.304 - PREPARATION OF PRELIMINARY ENVIRONMENTAL REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-15-112,
					 MCA; IMP, Sec.
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.3 - Montana Environmental Policy Act › Rule 4.2.305 - PREPARATION, CONTENT, AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-15-112,
					 MCA; IMP, Sec.
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.3 - Montana Environmental Policy Act › Rule 4.2.306 - JOINT ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-15-112,
					 MCA; IMP, Sec.
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.2 - PROCEDURAL RULES › Subchapter 4.2.3 - Montana Environmental Policy Act › Rule 4.2.307 - PREPARATION, CONTENT AND DISTRIBUTION OF A PROGRAMMATIC REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec. 2-5-112, MCA; IMP, Sec.
					 2-4-201,
					 MCA;