reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.3 - Training Courses › Rule 23.13.305 - PROCESS FOR OBTAINING POST APPROVAL FOR PUBLIC SAFETY OFFICER TRAINING COURSES

Current through Register Vol. 13, July 5, 2024
(1) POST may
				provide approval for POST credit hours for training that is instructed by a
				POST-certified instructor, or which is being hosted by a governmental agency
				with a Montana location.
(2) A
				POST-certified instructor seeking course credit for training provided to public
				safety officers must have an active POST instructor certificate that is not
				revoked, suspended, or subject to POST sanctions and must submit an application
				for accreditation to the director or the director's designee and retain
				documentation of:
(a) an education or training
				record that indicates the officer has received education or training in the
				specific field, subject matter, or academic discipline to be taught;
(b) material showing course content,
				including an agenda, syllabus and/or lesson plan, and student handouts;
				and
(c) a copy of the course
				advertisement.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.3 - Training Courses › Rule 23.13.306 - PROCESS FOR OBTAINING POST TRAINING CREDIT HOURS FOR INDIVIDUAL PUBLIC SAFETY OFFICERS

Current through Register Vol. 13, July 5, 2024
(1) POST may
				provide POST training credit hours to individual public safety officers who
				submit an application after attending a training which was not
				approved.
(2) To receive POST
				training credit, a public safety officer must, after successful completion of a
				course, submit an application for accreditation to the director, or the
				director's designee, and retain documentation of:
(a) if the instructor was a POST-certified
				instructor, a copy of the instructor's instructor certificate; or
(b) if the instructor is not a Montana public
				safety officer, a copy of the instructor's biography;
(c) material showing course content,
				including an agenda, syllabus and/or lesson plan, and student
				handouts;
(d) a copy of the course
				advertisement;
(e) a copy of the
				officer's certificate of completion; and
(f) an endorsement from the officer's
				appointing authority, recommending that the POST training credit hours be
				awarded.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.6 - Coroner Education and Continued Education › Rule 23.13.601 - CORONER EDUCATION AND CONTINUED EDUCATION AND EXTENSION OF TIME LIMIT FOR CONTINUED CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Coroner
				education shall be conducted as prescribed in
				7-4-2905, MCA.
(2) New coroners and deputy coroners shall,
				within one year of appointment as a coroner or deputy coroner, complete the
				40-hour basic coroner course at the academy or other equivalent course approved
				by POST.
The basic coroner course must be completed in accordance
				  with 7-4-2905, MCA.
(3) Coroners and deputy coroners must
				complete 16 hours of continuing coroner education at least once every two
				years. The two-year time period begins when the coroner or deputy coroner
				completes the basic coroner course. Subsequent two-year time periods begin when
				the coroner or deputy coroner completes the 16 hours of continuing education.
(a) The council, the director, or the
				director's designee may extend the two-year time limit requirement for the
				continuation of coroner's certification, set forth in
				7-4-2905, MCA, upon the written
				application of the coroner or the appointing authority of the deputy coroner.
				The application must explain the circumstances which necessitate the
				extension;
(b) Factors considered
				in granting or rejecting an extension include, but are not limited to:
(i) illness of the coroner/deputy coroner or
				an immediate family member;
(ii)
				absence of reasonable access to the continuing coroner education; or
(iii) an unreasonable shortage of
				personnel;
(c) The
				council may not grant an extension to exceed 180 days from the date the
				two-year time-period lapses.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.702 - GROUNDS FOR DENIAL, SANCTION, SUSPENSION, OR REVOCATION OF POST CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Any
				legitimate allegation made against any public safety officer that may result in
				the denial, sanction, revocation, or suspension of that officer's certification
				must be considered by either:
(a) the case
				status committee and the executive director; or
(b) the council.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.704 - REQUESTS FOR A FORMAL CONTESTED CASE HEARING UNDER MAPA

Current through Register Vol. 13, July 5, 2024
(1) If the director, upon a majority vote of
				the Case Status Committee, denies, sanctions, suspends, or revokes an officer's
				POST certification pursuant to ARM
				23.13.703 and the officer receives
				a notice of agency action, then the officer has the right to request a formal
				contested case proceeding under MAPA, to include a hearing, pursuant to
				44-4-403, MCA.
(a) The proceedings and hearing can only be
				initiated by a written request from the officer whose certificate was denied,
				sanctioned, suspended, or revoked, or the officer's attorney, and not by any
				other person or entity.
(b) To
				request a hearing, the officer must follow the instructions contained in the
				"notice of agency action" and notify the appropriate individual or the director
				that the officer requests a hearing within 30 days of the date of the notice of
				agency action. A hearing request must identify by paragraph number the specific
				factual allegations or law in the notice of agency action with which the
				respondent disagrees. It may also include a response to the allegations set
				forth in the notice of agency action.
(c) Failure to notify and request a hearing
				within 30 days of the date of the notice of agency action will constitute a
				waiver of the right to a hearing, and the notice of agency action will become
				the final agency decision.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.705 - FORMAL MAPA CONTESTED CASE PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1)
				A contested case involves a determination by POST that affects the rights or
				responsibilities of the petitioner or respondent.
(2) Contested case proceedings may be
				commenced only after the requirements of ARM
				23.13.704 have been met and an
				officer has requested a hearing.
(3) Contested case proceedings before the
				council are subject to MAPA, in addition to, where applicable, the Montana
				Rules of Civil Procedure, the Montana Uniform District Court Rules, the Montana
				Rules of Evidence, the Montana Rules of Professional Conduct, the Montana Code
				of Judicial Conduct, and these rules.
(4) In cases under ARM 23.13.704, the
				respondent's failure to respond, appear, or otherwise defend a notice of agency
				action of which the respondent has had notice, may result in the hearing
				examiner finding the officer in default and entering an order against the
				officer containing findings of fact, conclusions of law, and an opinion in
				accordance with MAPA, Montana Rules of Civil Procedure, and any other rule of
				law applicable.
(5) A party may be
				self-represented, or may, at the party's own expense, be represented by an
				attorney licensed to practice law in the state of Montana.
(6) In cases under ARM 23.13.704, contested
				case counsel for POST will represent the director during the
				proceedings.
AUTH:
					 2-4-201,
					 2-15-2029, MCA; IMP:
					 2-4-201, Title 2, chapter 4, part
					 6, 2-15-2029,
					 44-4-403,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.706 - CONTESTED CASES, EMERGENCY SUSPENSION OF A LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				2-4-631(3),
				MCA, if the director or the council determines that public health, safety, or
				welfare requires emergency action, the director or council may immediately
				suspend a certification. The order must include findings justifying emergency
				action, and regular proceedings must be promptly initiated. If the director
				takes emergency action to suspend a certification, the director will inform the
				case status committee as soon as practicable and will take further action based
				upon a majority vote of the committee.
AUTH:
					 2-4-201,
					 2-15-2029,
					 MCA; IMP:
					 2-4-631,
					 44-4-403,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.707 - ADOPTION OF ATTORNEY GENERAL'S MODEL RULES

Current through Register Vol. 13, July 5, 2024
(1) The POST Council adopts and incorporates
				by reference the Attorney General Model Rules ARM
				1.3.216,
				1.3.226,
				1.3.227,
				1.3.228,
				1.3.229,
				1.3.230, and
				1.3.232 in effect. The model rules
				incorporated by reference can be found on the Secretary of State's web site at
http://sos.mt.gov/
. In applying the
				model rules, references to "the agency" should be interpreted to refer to "the
				POST Council."
2-4-201,
					 2-15-2029(2),
					 MCA;
					 2-4-201,
					 2-4-202, Title 2,
					 chapter 4, part 6,
					 44-4-403(3),
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.709 - CONTESTED CASES, DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) In all
				contested cases, discovery is available to the parties in accordance with Rules
				26 through 37 of the Montana Rules of Civil Procedure. All references to
				"court" will be considered references to the hearing examiner or POST Council;
				all references to subpoena power will be considered references to ARM
				1.3.230; all references to "trial"
				will be considered references to "hearing"; all references to "plaintiff" will
				be considered references to "a party"; all references to "clerk of court" will
				be considered references to the hearing examiner.
(2) If a party or other witness refuses to be
				sworn or refuses to answer any question after being directed to do so by the
				hearing examiner, the adversely affected party may seek enforcement in district
				court under
				2-4-701,
				MCA.
(3) If either party seeking
				discovery believes it has been prejudiced by a protective order issued by the
				hearing examiner under Rule 26(c), M.R.Civ.P., or, if either party refuses to
				make discovery, the aggrieved party may petition the district court for review
				of the hearing examiner's action under
				2-4-701,
				MCA.
(4) Severe failures of
				discovery may also be sanctioned pursuant to M.R.Civ.P. 37 and the case law
				interpreting it. Sanctions under this subsection may be enforced by or appealed
				to district court pursuant to
				2-4-701,
				MCA.
2-4-201,
					 2-15-2029(2),
					 MCA;
					 2-4-104,
					 2-4-602,
					 44-4-403,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.711 - CONTESTED CASES, RECORD

Current through Register Vol. 13, July 5, 2024
(1) The hearing
				examiner in the contested case proceeding is responsible for maintaining the
				official record of the contested case until its conclusion. The record must
				include:
(a) all pleadings, motions, and
				rulings;
(b) all evidence, either
				written or oral, received, or considered by the presiding officer;
(c) a statement of matters officially
				noticed;
(d) questions and offers
				of proof, objections, and rulings on objections;
(e) proposed findings and exceptions;
				and
(f) any decision, opinion, or
				report, and any proposed findings of fact, conclusions of law, and proposed
				order, entered by the hearing examiner, which must be in writing.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.713 - CONTESTED CASES - HEARING EXAMINERS

Current through Register Vol. 13, July 5, 2024
(1) The
				POST Council chair, the director, or the director's designee may appoint a
				hearing examiner to conduct a hearing in a contested case, as allowed by
				2-4-611, MCA.
(2) A hearing examiner appointed under
				2-4-611, MCA and this rule may:
(a) administer oaths or
				affirmations;
(b) issue
				subpoenas;
(c) provide for the
				taking of testimony and depositions;
(d) set the time and place for
				hearing;
(e) set motion and
				briefing schedules that comport with the Montana Rules of Civil Procedure and
				the Montana Uniform District Court Rules for filing, service, deadlines, and
				time calculation;
(f) by mutual
				consent of the parties, hold conferences to consider narrowing or simplifying
				the issues;
(g) rule on summary
				judgment motions, motions in limine, and other motions and, if motions are
				dispositive, make recommendations to the POST Council as if a hearing on the
				merits had occurred;
(h) allow,
				disallow, or limit expert testimony;
(i) recommend to the council dismissal of the
				case based on M.R.Civ.P. 41, default, or other reason;
(j) provide for and conduct the MAPA
				contested case process as a matter of discretion, within the bounds of the
				applicable law.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.714 - CONTESTED CASE HEARING

Current through Register Vol. 13, July 5, 2024
(1) The contested
				case hearing will be conducted before the POST Council or a hearing examiner,
				at the council's discretion.
(2)
				The hearing will be held in Helena, Montana, unless the director determines
				that another venue is more appropriate.
(3) The hearing examiner must ensure that the
				petitioner or respondent and counsel for POST are afforded the opportunity to
				respond and present evidence and argument on all issues involved.
(4) All testimony must be given under oath or
				affirmation.
(5) Exhibits must be
				marked and must identify the party offering the exhibits. The exhibits will be
				preserved by the hearing examiner and then by POST as part of the record of the
				proceedings.
(6) The hearing
				examiner may hear closing arguments, request written argument, order a schedule
				for parties to submit a prehearing memorandum, a final prehearing order,
				proposed findings of fact and conclusions of law, or any other writings that
				might assist the hearing examiner.
(7) The hearing examiner may grant recesses
				or continue the hearing.
(8) At the
				contested case hearing under ARM
				23.13.704:
(a) POST has the burden of proving by a
				preponderance of the evidence that there was good cause for the denial,
				sanction, suspension, or revocation of certification imposed by the director,
				and based upon a majority vote of the Case Status Committee, as stated in the
				notice of agency action;
(b) the
				director will be represented by contested case counsel during the contested
				case process; and
(c) absent a
				determination by the hearing examiner that the interests of justice require
				otherwise, the order of hearing is as follows:
(i) opening statements by both
				parties;
(ii) presentation of
				evidence by POST;
(iii) cross
				examination by the respondent;
(iv)
				presentation of evidence by the respondent;
(v) cross examination by POST; and
(vi) rebuttal testimony.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.715 - CONTESTED CASES, EVIDENCE

Current through Register Vol. 13, July 5, 2024
(1) All
				evidence introduced in a contested case hearing will be received and evaluated
				in conformance with common law and statutory rules of evidence, including the
				Montana Rules of Evidence.
2-4-201,
					 2-15-2029(2),
					 MCA;
					 2-4-611,
					 2-4-612,
					 44-4-403,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.716 - CONTESTED CASES, EX PARTE COMMUNICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (4), pursuant to
				2-4-613, MCA, ex parte
				communication by a party or a party's agent with the hearing examiner, the
				council, any individual member of the council, or any person authorized to
				participate in the decision of the contested case, is expressly prohibited
				unless otherwise authorized by law.
(2) An unauthorized ex parte communication
				may be treated as a default and may constitute a waiver of the party's rights
				to proceed.
(3) If an ex parte
				contact occurs, the person receiving the communication must state on the record
				the nature and content of the communication and a summary of its contents. The
				presiding officer or hearing examiner may, in the exercise of discretion, make
				any order that is appropriate.
(4)
				The following council members may have ex parte contact:
(a) current members of the Case Status
				Committee; and
(b) former members
				of the Case Status Committee who participated in decision-making concerning the
				contested case; and
(c) any council
				member who is a material witness in the contested case. If a council member
				acts as a material witness, that member may not participate in the council's
				deliberation or decision in the contested case.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.719 - DECISION AND ORDER, STAYS

Current through Register Vol. 13, July 5, 2024
(1) After
				completing a contested case proceeding, the hearing examiner shall, within 45
				days of the hearing, or completion of post-hearing briefing, issue findings of
				fact and conclusions of law that would, if adopted by the council, meet the
				requirements of
				2-4-623, MCA.
(2) The council shall receive briefs and hear
				oral arguments at a regularly scheduled meeting and deliberate pursuant to
				2-4-621, MCA. For the period
				between the submission of the hearing examiner's decision and oral argument
				before the council, the council chair will appoint general counsel to the
				council or another individual to act as a special master for purposes of
				resolving any issue arising before the council hears argument.
(3) Within 15 days after the hearing examiner
				has issued findings, conclusions, and a proposed decision, the council chair
				will appoint the special master. Within 21 days after written notice of the
				appointment of a special master, an adversely affected party may submit
				exceptions to the hearing examiner's decision. The party filing the exceptions
				must incorporate a supporting brief in the document stating the exceptions. The
				opposing party may file a brief in response to the exceptions within 21 days.
				No reply brief will be received.
(4) Unless a different argument order is set
				by the special master for good cause, the order of oral argument is as follows:
(a) argument by the aggrieved
				party;
(b) argument by the opposing
				party;
(c) final statements or
				rebuttal by the aggrieved party;
(d) final statements or rebuttal by the
				opposing party; and
(e)
				deliberations by the council, which may include questions of the parties by the
				council.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.720 - CONTESTED CASES, SETTLEMENT OR STIPULATION AND PROCESS FOR REVIEW BY THE POST COUNCIL

Current through Register Vol. 13, July 5, 2024
(1) If, in the
				course of the MAPA contested case proceeding, the parties reach a stipulated
				agreement or settlement, the parties must:
(a) put the agreement into writing, signed by
				the petitioner or respondent, as applicable, and the director;
(b) present the agreement to the POST Council
				for acceptance or rejection:
(i) if the
				council accepts the agreement by motion, then the agreement becomes the POST
				Council's final agency action;
(ii)
				if the council rejects the agreement, then the parties must provide the hearing
				examiner with an excerpt of the official record of the POST meeting in which
				the council rejected the agreement. The contested case proceeds as though there
				had been no agreement.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.7 - Revocation/Suspension of Certification › Rule 23.13.721 - APPEALS

Current through Register Vol. 13, July 5, 2024
(1) The final POST Council decision rendered
				after a contested case proceeding is the final agency decision subject to
				judicial review pursuant to
				2-4-702 and
				44-4-403, MCA.
AUTH:
					 2-15-2029, MCA; IMP:
					 2-4-201,
					 2-15-2029,
					 44-4-403,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.8 - Appointment and Employment Standards › Rule 23.13.801 - MINIMUM STANDARDS FOR THE APPOINTMENT AND CONTINUED EMPLOYMENT OF PUBLIC SAFETY OFFICERS

Current through Register Vol. 13, July 5, 2024
(1) All public
				safety officers must be certified by POST and meet the applicable appointment,
				employment, education, and certification standards as prescribed by the Montana
				Code Annotated.
(2) In addition to
				standards set forth in the Montana Code Annotated, including but not limited to
				44-4-404, MCA, all public safety
				officers must:
(a) be a citizen of the United
				States or may be a registered alien if unsworn;
(b) be at least 18 years of age;
(c) be fingerprinted and a search made of the
				local, state, and national fingerprint files to disclose any criminal
				record;
(d) not have been convicted
				of a crime for which they could have been imprisoned in a federal or state
				penitentiary or a crime involving unlawful sexual conduct;
(e) be of good moral character as determined
				by a thorough background check;
(f)
				be a high school graduate or have been issued an equivalency certificate by the
				Superintendent of Public Instruction, or by an appropriate issuing agency of
				another state or of the federal government;
(g) successfully complete an oral interview
				conducted by the appointing authority or its designated
				representative;
(h) be in good
				standing with POST and any other licensing or certification boards or
				committees equivalent to POST in any other state such that no license or
				certification similar to a POST certification has been revoked or is currently
				suspended in any other state;
(i)
				possess a valid driver's license if driving a vehicle will be part of the
				officer's duties;
(j) abide by the
				code of ethics contained in ARM
				23.13.803; and
(k) complete, within every two calendar
				years, 20 hours of documented agency in-service, roll call, field training, or
				POST-approved continuing education training credits, which include but are not
				limited to a professional ethics curriculum covering the following topics and
				any additional topics required by the council:
(i) a review of the code of ethics ARM
				23.13.803 and Grounds for Denial,
				Sanction, Suspension, and Revocation ARM
				23.13.702;
(ii) review of the current POST integrity
				report;
(iii) discussion involving
				core values of each appointing authority which may include integrity, honesty,
				empathy, sympathy, bravery, justice, hard work, kindness, compassion, and
				critical thinking skills;
(iv)
				review of agency policy and procedure regarding ethical and moral codes of
				conduct;
(v) discussion of the
				similarities and differences between agency and POST consequences for actions
				that violate policy or rule.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.8 - Appointment and Employment Standards › Rule 23.13.803 - CODE OF ETHICS

Current through Register Vol. 13, July 5, 2024
(1) All public
				safety officers who have been appointed by any appointing authority in Montana,
				or who have been certified by POST, or who have attended an MLEA basic class
				must abide by the code of ethics contained herein.
(2) All public safety officers hired or sworn
				before this rule's effective date are also bound by the code of ethics
				contained in this rule. Continued service as a public safety officer in Montana
				constitutes an agreement to be bound by this code of ethics. Failure to comply
				with or violation of any part of the code of ethics may be grounds for denial,
				suspension, sanction, or revocation of any POST certificate.
(3) The public safety officers' code of
				ethics is:
(a) "My fundamental responsibility
				as a public safety officer is to serve the community, safeguard lives and
				property, protect the innocent, keep the peace, and ensure the constitutional
				rights of all are not abridged;
(b)
				"I will perform all duties impartially, without favor or ill will and without
				regard to status, sex, race, religion, creed, political belief or aspiration. I
				will treat all citizens equally and with courtesy, consideration, and dignity.
				I will never allow personal feelings, animosities, or friendships to influence
				my official conduct;
(c) "I will
				enforce or apply all laws and regulations appropriately, courteously, and
				responsibly;
(d) "I will never
				employ unnecessary force or violence, and will use only such force in the
				discharge of my duties as is objectively reasonable in all circumstances. I
				will refrain from applying unnecessary infliction of pain or suffering and will
				never engage in cruel, degrading, or inhuman treatment of any person;
(e) "Whatever I see, hear, or learn, which is
				of a confidential nature, I will keep in confidence unless the performance of
				duty or legal provision requires otherwise;
(f) "I will not engage in nor will I condone
				any acts of corruption, bribery, or criminal activity; and will disclose to the
				appropriate authorities all such acts. I will refuse to accept any gifts,
				favors, gratuities, or promises that could be interpreted as favor or cause me
				to refrain from performing my official duties;
(g) "I will strive to work in unison with all
				legally authorized agencies and their representatives in the pursuit of
				justice;
(h) "I will be responsible
				for my professional development and will take reasonable steps to improve my
				level of knowledge and competence;
(i) "I will at all times ensure that my
				character and conduct is admirable and will not bring discredit to my
				community, my agency, or my chosen profession."
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.8 - Appointment and Employment Standards › Rule 23.13.804 - APPOINTMENT AND TRAINING OF RESERVE OFFICERS

Current through Register Vol. 13, July 5, 2024
(1)
				An agency that appoints a reserve officer pursuant to
				7-32-213, MCA, must submit a
				completed notice of appointment form to the director within ten days of
				appointing the reserve officer. Within ten days of a reserve officer's
				termination, the appointing authority must submit a completed notice of
				termination form to the director.
(2) The appointing authority is responsible
				for training the reserve officer. The reserve officer must complete a minimum
				of the training prescribed in
				7-32-214, MCA, within two years of
				the reserve officer's initial appointment, unless the reserve officer was or is
				a Montana peace officer who has attended the law enforcement officer basic
				academy at MLEA.
AUTH:
					 2-15-2029, MCA; IMP:
					 7-32-214,
					 44-4-401,
					 44-4-403,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.8 - Appointment and Employment Standards › Rule 23.13.805 - FIREARMS PROFICIENCY STANDARDS FOR APPOINTMENT AND CONTINUED SERVICE

Current through Register Vol. 13, July 5, 2024
(1) Each agency that appoints a public safety
				officer who is authorized to carry firearms during the work assignment must:
(a) require the officer to complete
				successfully the firearms proficiency requirements provided in this rule at
				least once a year, for any manufacture and model of firearm customarily carried
				by that officer while the officer is on duty;
(b) designate a firearms instructor to
				conduct or oversee and document annual firearms proficiency. The instructor
				need not be a POST-certified instructor but must have attended a minimum
				40-hour POST-approved firearms instructor course or its equivalent, which
				includes the following topics:
(i) firearms
				safety;
(ii) role of the
				instructor;
(iii) civil and
				criminal liability exposure;
(iv)
				instructional techniques for firearms instructors;
(v) operation of the firing line;
(vi) range preparation;
(vii) handgun;
(viii) disabled officer techniques;
				and
(ix) low light shooting
				techniques.
(c) keep on
				file in a format readily accessible to the council a copy of all firearms
				proficiency records, which must include:
(i)
				date of qualification;
(ii)
				identification of the officer;
(iii) firearm manufacture and
				model;
(iv) results of qualifying;
				and
(v) course of fire
				used.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.8 - Appointment and Employment Standards › Rule 23.13.806 - PUBLIC SAFETY OFFICER APPOINTMENT, EDUCATION, AND CERTIFICATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (2), the basic and
				basic equivalency training standards set forth in
				7-32-303, MCA, are applicable to
				all public safety officers, where an appropriate basic course or basic
				equivalency course exists in the public safety officer's field. The council may
				approve a location other than the Montana Law Enforcement Academy for the basic
				or basic equivalency courses in the following disciplines:
				detention/corrections officer; probation and parole officer; misdemeanor
				probation/pretrial services officer; public safety communications officer; and
				coroner.
(2) The standards set
				forth in (1) do not apply to reserve officers.
(3) A public safety officer's appointing
				authority must provide written notice to POST within 10 days of the
				appointment, termination, resignation, or death of the public safety
				officer.
AUTH:
					 2-15-2029, MCA; IMP:
					 7-32-303,
					 44-4-403,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST) › Subchapter 23.13.8 - Appointment and Employment Standards › Rule 23.13.807 - REQUIREMENTS FOR SWAT PRIMARY COURSE CREDIT

Current through Register Vol. 13, July 5, 2024
(1) To receive POST approval for a SWAT
				primary course, a course must meet the following requirements:
(a) the course must be a minimum of 40 hours
				in length and be approved pursuant to ARM
				23.13.301 and
				23.13.304 and must contain a
				minimum of the following:
(i) team
				communication, team make-up;
(ii)
				confrontation management to include preplanning, immediate action, planning,
				execution, post execution;
(iii)
				weapons, munitions, and equipment to include safe weapon manipulation, close
				quarter defense, crisis negotiations, intelligence gathering/ground
				reconnaissance, preplanning tactics, walk through, breaching
				techniques;
(iv) team movement and
				interior tactics to include approach, position, entry, search, static, dynamic,
				halls, stairs;
(v) open air/mobile
				assault, downed officer citizen rescue, chemical agents/diversionary
				device/less lethal, practical exercises, and legal
				issues.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.1 - Organizational Description › Rule 23.14.102 - BOARD OF CRIME CONTROL FUNCTIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				board is comprised of members engaged in, affiliated with, or related to law
				enforcement, public safety and criminal justice in the state of
				Montana.
(2) The board functions
				through an executive director and staff who are responsible for directing and
				supervising the budgeting, recordkeeping, reporting, and related administrative
				and clerical functions of the agency.
(3) It is the responsibility of the board to
				administer the provisions of the Omnibus Crime Control and Safe Streets Act of
				1968 (P.L.
				90-351), as amended by the Victims of Crime
				Assistance Act and the Drug Free Schools and Communities Act. Under these
				provisions, the board may:
(a) develop a
				comprehensive statewide plan defining needs and problems and outlining
				priorities for the improvement of the criminal and juvenile justice system
				throughout the state.
(b) develop
				and coordinate police, courts and corrections programs and projects for the
				state and units of general local government.
(c) be responsible for administering planning
				grants in the funding and implementation of state and local justice
				programs.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.2 - Appeal Procedure › Rule 23.14.201 - INCORPORATION OF MODEL RULES

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.2 - Appeal Procedure › Rule 23.14.202 - MAINTENANCE OF POLICY AND PROCEDURE MANUAL FOR INTERNAL MANAGEMENT

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-4-301 MCA;
					 IMP,
					 44-4-301
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.2 - Appeal Procedure › Rule 23.14.203 - APPLICATIONS FOR FINANCIAL ASSISTANCE

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.2 - Appeal Procedure › Rule 23.14.204 - REQUEST TO REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.2 - Appeal Procedure › Rule 23.14.205 - HEARING (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.2 - Appeal Procedure › Rule 23.14.206 - FINAL DETERMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.2 - Appeal Procedure › Rule 23.14.207 - EXECUTIVE APPEAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.2 - Appeal Procedure › Rule 23.14.208 - INCORPORATION OF MODEL RULES

Current through Register Vol. 13, July 5, 2024
(1) The board
				adopts the model procedural rules ARM 1.3.201 through 1.3.313 and incorporates
				herein those rules by reference.
AUTH:
					 2-4-201, MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.2 - Appeal Procedure › Rule 23.14.209 - MAINTENANCE OF POLICY AND PROCEDURE MANUAL FOR INTERNAL MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) The policies and procedures which are
				adopted by the board for its internal management and which do not affect
				private rights shall be maintained in a "policy and procedure manual" which
				shall be available to the public at the office of the board.
AUTH:
					 2-4-201, MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.2 - Appeal Procedure › Rule 23.14.210 - APPLICATIONS FOR FINANCIAL ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1)
				The subgrant requests or applications for financial assistance are not
				"contested cases" within the meaning of
				2-4-101, MCA, and accordingly are
				not subject to the provisions of the Montana Administrative Procedure
				Act.
AUTH:
					 41-5-1908, MCA; IMP:
					 41-5-1903,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.301 - MATCHING RATIOS

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-4-301 MCA;
					 IMP,
					 44-4-301
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.302 - MATCHING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.303 - BUDGET REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.304 - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.305 - APPLICANTS AGREEMENT

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.306 - NON-SUPPLANTING REQUIREMENT

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-4-301 MCA;
					 IMP, Sec.
					 44-4-301
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.307 - DRUG ABUSE RESISTANCE EDUCATION (DARE) TRUST FUND (IS HEREBY REPEALED) (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 44-2-702 MCA;
					 IMP, Sec.
					 44-2-702,
					 44-2-704
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.308 - MATCHING RATIOS

Current through Register Vol. 13, July 5, 2024
(1) Prescribed
				ratios of federal participation in funding of programs are dependent upon the
				type of program or project and shall be announced in any solicitation for
				subgrant applications.
AUTH:
					 41-5-1908, MCA; IMP:
					 41-5-1904,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.309 - MATCHING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Matching funds
				must be "hard match" (cash) unless otherwise specified by federal
				regulation.
(2) Federal funds and
				income earned by the project are not allowed to be used as match except in the
				case of anti-drug abuse forfeitures.
(3) Matching funds need not be expended
				concurrently with federal funds, but must be expended prior to the closure of
				the subgrant.
(4) In-kind, or "soft
				match" services must relate directly to the project described in the
				application. Records of in-kind services must be kept by the applicant agency
				as required by law.
(5) If an
				entity other than the applicant agency is to contribute the local matching
				portion, a document of intent from said agency must accompany the
				application.
AUTH:
					 41-5-1908, MCA; IMP:
					 41-5-1904,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.310 - BUDGET REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Expenses that
				are unallowable under federal law are described in federal guidelines such as
				the Office of Justice Programs Financial Guide. An announcement for
				solicitation of subgrant applications will describe such expenses for
				applicants.
AUTH:
					 41-5-1908, MCA; IMP:
					 41-4-1903,
					 41-5-1904,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.311 - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Requests for
				federal funds made after indebtedness has been incurred by the applicant agency
				will be denied.
(2) Federal funds
				are not assured until an award letter signed by a representative of the board
				has been received by the applicant agency. The signed award letter, returned to
				the board, constitutes a binding contract between the applicant agency and the
				board, contingent upon availability of federal funds.
AUTH:
					 41-5-1908, MCA; IMP:
					 41-5-1903,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.312 - APPLICANTS AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Any grant
				received by an applicant shall be subject to the grant conditions and other
				policies, regulations and rules issued by the U.S. Department of Justice, U.S.
				Department of Education or other federal grantor agency, for the administration
				of grant projects, including, but not limited to, the following:
(a) funds awarded are to be expended only for
				the purposes and activities covered by the applicant's approved plan and
				budget;
(b) all applications are
				subject to federal and state laws, regulations, and policies;
(c) appropriate grant records and accounts
				will be maintained and made available for audit as prescribed by the U.S.
				Department of Justice, U.S. Department of Education, or other federal grantor
				agency; and
(d) reports from
				subgrantees are due as prescribed by the board. The board may cancel any award
				to a subgrantee if such reports are twice delinquent.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.3 - Program Requirements › Rule 23.14.313 - NONSUPPLANTING REQUIREMENT

Current through Register Vol. 13, July 5, 2024
(1) Funds normally
				devoted to programs and activities designed to meet the needs of criminal
				justice will not be diminished in any way as a result of a grant award of
				federal funds.
(2) The project for
				which assistance is being requested must be in addition to, and not a
				substitute for, criminal justice services previously provided without federal
				assistance.
AUTH:
					 41-5-1908, MCA; IMP:
					 41-5-1907,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.4 - Peace Officers Standards and Training › Rule 23.14.401 - ADMINISTRATION OF PEACE OFFICERS STANDARDS AND TRAINING (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 7-32-303,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.4 - Peace Officers Standards and Training › Rule 23.14.402 - MINIMUM STANDARDS FOR THE EMPLOYMENT OF PEACE OFFICERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 7-32-303,
					 7-32-4112,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.4 - Peace Officers Standards and Training › Rule 23.14.403 - REQUIREMENTS FOR PEACE OFFICERS HIRED BEFORE AND AFTER THE EFFECTIVE DATE OF THIS REGULATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 7-32-303,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.4 - Peace Officers Standards and Training › Rule 23.14.404 - GENERAL REQUIREMENTS FOR CERTIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 44-11-301
					 through
					 44-11-305,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.4 - Peace Officers Standards and Training › Rule 23.14.405 - REQUIREMENTS FOR THE BASIC CERTIFICATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 7-32-303,
					 44-4-301,
					 44-11-301
					 through
					 44-11-305,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.4 - Peace Officers Standards and Training › Rule 23.14.406 - REQUIREMENTS FOR THE INTERMEDIATE CERTIFICATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.4 - Peace Officers Standards and Training › Rule 23.14.407 - REQUIREMENTS FOR THE ADVANCED CERTIFICATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.14 - BOARD OF CRIME CONTROL › Subchapter 23.14.4 - Peace Officers Standards and Training › Rule 23.14.408 - REQUIREMENTS FOR THE SUPERVISORY CERTIFICATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
44-4-301,
					 MCA; IMP,
					 44-4-301,
					 MCA;