reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.17 - LAW ENFORCEMENT ACADEMY › Subchapter 23.17.6 - Performance Criteria at the Montana Law Enforcement Academy › Rule 23.17.612 - OTHER STUDENT PERFORMANCE MEASURES

Current through Register Vol. 13, July 5, 2024
(1) Written
				and practical assignments will be scored. Student scores will be used in the
				following manner:
(a) the scores may be part
				of the final grade, and can be used to establish class ranking of the
				student;
(b) the scores achieved by
				a student will be documented in the student's file; and
(c) when applicable, a summary of the
				student's scores will be sent to the student's agency administrator.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.17 - LAW ENFORCEMENT ACADEMY › Subchapter 23.17.6 - Performance Criteria at the Montana Law Enforcement Academy › Rule 23.17.613 - MONTANA LAW ENFORCEMENT ACADEMY FIREARMS PERFORMANCE REQUIREMENTS FOR THE LAW ENFORCEMENT OFFICER BASIC COURSE

Current through Register Vol. 13, July 5, 2024
(1) A
				student must achieve a passing score in the Montana Law Enforcement Academy
				firearms training course.
(2) The
				total accumulative points possible for the firearms training course shall be
				determined by the academy administrator or the academy administrator's
				designee.
44-10-202, MCA; IMP, 44-10-202,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.17 - LAW ENFORCEMENT ACADEMY › Subchapter 23.17.6 - Performance Criteria at the Montana Law Enforcement Academy › Rule 23.17.614 - PHYSICAL ABILITIES PERFORMANCE REQUIREMENT FOR THE LAW ENFORCEMENT OFFICER BASIC COURSE

Current through Register Vol. 13, July 5, 2024
(1) All students
				will be required to perform and pass a physical abilities test prior to
				acceptance into the law enforcement officer basic course.
(2) A document detailing fitness
				requirements, academy expectations, and student preparation procedures will be
				furnished to all students who register for the basic course.
(3) Student performance will be measured at
				times during and/or before the basic course. These testing times may consist of
				the following:
(a) an entry physical abilities
				test within 90 days of the start of the basic course;
(b) midterm physical abilities test;
				and
(c) final physical abilities
				test.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.17 - LAW ENFORCEMENT ACADEMY › Subchapter 23.17.6 - Performance Criteria at the Montana Law Enforcement Academy › Rule 23.17.615 - BASIC COURSE ACHIEVEMENT AWARDS

Current through Register Vol. 13, July 5, 2024
(1)
				Achievement awards will be presented by the academy administrator to students
				in each basic course class in the following categories:
(a) Academic--awarded to the student that
				successfully passes all phases of training and attains the highest final grade
				in the class.
(b) Firearms--awarded
				to the student that has the highest score on the firearms qualification
				course.
(c) Physical
				fitness--awarded to the student that achieves the highest aggregate total of
				the four fitness tests in all three times it is taken.
(d) Academy staff--awarded to the student
				that demonstrates all the requisite skills to become an exceptional law
				enforcement officer. The recipient is selected by a vote of the class
				students.
(e) Representative--is
				selected by the class students to represent them as a body and deliver a
				graduation address at the graduation ceremonies.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.1 - Certificates of Public Advantage for Health Care (Repealed) › Rule 23.18.101 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-4-612,
					 MCA IMP:
					 50-4-601
					 through
					 50-4-612,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.1 - Certificates of Public Advantage for Health Care (Repealed) › Rule 23.18.102 - APPLICATION PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-4-612,
					 MCA IMP:
					 50-4-603,
					 50-4-612,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.1 - Certificates of Public Advantage for Health Care (Repealed) › Rule 23.18.103 - PROCEDURE FOR REVIEW OF APPLICATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-4-612,
					 MCA IMP:
					 50-4-603,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.1 - Certificates of Public Advantage for Health Care (Repealed) › Rule 23.18.104 - STANDARDS FOR CERTIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-4-612,
					 MCA IMP:
					 50-4-603,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.1 - Certificates of Public Advantage for Health Care (Repealed) › Rule 23.18.105 - RECONSIDERATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-4-612,
					 MCA IMP:
					 50-4-604,
					 50-4-612,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.1 - Certificates of Public Advantage for Health Care (Repealed) › Rule 23.18.106 - ACTIVE SUPERVISION OF APPROVED TRANSACTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-4-612,
					 MCA IMP:
					 50-4-612,
					 50-4-622,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.1 - Certificates of Public Advantage for Health Care (Repealed) › Rule 23.18.107 - REVOCATION OF CERTIFICATES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-4-612,
					 MCA IMP:
					 50-4-609,
					 50-4-612,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.1 - Certificates of Public Advantage for Health Care (Repealed) › Rule 23.18.108 - FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-4-623, MCA
					 IMP:
					 50-4-612,
					 50-4-623,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.2 - Tobacco Product Reserve Fund Act › Rule 23.18.201 - QUARTERLY CERTIFICATIONS AND ESCROW DEPOSITS

Current through Register Vol. 13, July 5, 2024
(1) To promote compliance with
				16-11-403, MCA, the
				attorney general may require nonparticipating manufacturers to certify
				quarterly their compliance with the Montana Tobacco Product Reserve Fund Act
				and An Act Enhancing Enforcement of the Tobacco Product Reserve Fund Act. The
				attorney general may also require nonparticipating manufacturers to make the
				escrow payments required by
				16-11-403, MCA, in
				quarterly installments during the year in which the sales covered by such
				payments are made.
(2) This rule
				applies to nonparticipating manufacturers who meet any of the following
				criteria:
(a) the nonparticipating
				manufacturer has not previously established and funded a qualified escrow fund
				in Montana;
(b) the
				nonparticipating manufacturer has not made an escrow deposit for more than one
				year;
(c) the nonparticipating
				manufacturer has made an untimely or incomplete escrow deposit for any prior
				calendar year;
(d) the
				nonparticipating manufacturer has failed to pay any judgment, including any
				civil penalty, entered for any violation of
				16-11-401
				through
				16-11-512,
				MCA;
(e) the nonparticipating
				manufacturer has stamped or sold more than 1,000,000 of their cigarettes in
				Montana during a quarter; or
(f) if
				the attorney general has reasonable cause to believe the nonparticipating
				manufacturer may not make its full required escrow deposit by April 15 of the
				year following the year in which the cigarettes sales were made.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.2 - Tobacco Product Reserve Fund Act › Rule 23.18.202 - DEADLINE FOR QUARTERLY ESCROW DEPOSITS

Current through Register Vol. 13, July 5, 2024
(1)
				Nonparticipating manufacturers who are required to make quarterly escrow
				deposits must do so no later than 30 days after the end of the quarter in which
				the sales are made. For example, the deadline for making a quarterly escrow
				deposit for cigarette sales occurring in January through March is April 30 of
				the same year.
16-11-508,
					 16-11-511, MCA;
					 IMP,
					 16-11-508,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.2 - Tobacco Product Reserve Fund Act › Rule 23.18.203 - DEADLINE FOR SUBMITTING QUARTERLY CERTIFICATION AND NOTIFYING ATTORNEY GENERAL OF QUARTERLY ESCROW DEPOSIT

Current through Register Vol. 13, July 5, 2024
(1)
				Nonparticipating manufacturers who are required to make quarterly escrow
				deposits must provide the attorney general with official notification of the
				quarterly escrow deposit no later than 15 days after the deadline on which an
				escrow deposit is required.
(2)
				Nonparticipating manufacturers must also provide their quarterly certifications
				and produce documentation sufficient to allow the attorney general to determine
				the adequacy of the deposit with the same deadline. For example, the deadline
				for certifying, officially notifying the attorney general of a quarterly escrow
				deposit, and providing the documentation of the adequacy of the deposit for
				sales of cigarettes that occurred in January through March is May 15 of the
				same year.
16-11-508,
					 16-11-511, MCA;
					 IMP,
					 16-11-403,
					 16-11-503,
					 16-11-508,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.2 - Tobacco Product Reserve Fund Act › Rule 23.18.204 - QUARTERLY PERIODS DEFINED

Current through Register Vol. 13, July 5, 2024
(1) For
				purposes of this subchapter, the calendar year shall be divided into the
				following quarters: January 1 through March 31; April 1 through June 30; July 1
				through September 30; and October 1 through December 31.
16-11-508,
					 16-11-511, MCA;
					 IMP,
					 16-11-508,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.2 - Tobacco Product Reserve Fund Act › Rule 23.18.205 - UNTIMELY OR INCOMPLETE QUARTERLY CERTIFICATION OR QUARTERLY ESCROW DEPOSIT

Current through Register Vol. 13, July 5, 2024
(1) The attorney general may remove the
				delinquent nonparticipating manufacturer and its brand families from the
				directory required by
				16-11-504,
				MCA, if:
(a) the required quarterly escrow
				deposit is not timely made in full;
(b) the required quarterly certification is
				not provided to the attorney general;
(c) the attorney general does not receive
				timely official notice of the quarterly escrow deposit; or
(d) the manufacturer fails to provide timely
				documentation sufficient to establish the adequacy of the deposit.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.2 - Tobacco Product Reserve Fund Act › Rule 23.18.206 - BURDEN OF ESTABLISHING ENTITLEMENT TO BE LISTED IN THE DIRECTORY

Current through Register Vol. 13, July 5, 2024
(1) The burden of proof is on the tobacco
				product manufacturer to establish that it or a particular brand family is
				entitled to be listed on the directory.
16-11-511, MCA;
					 IMP,
					 16-11-504,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.2 - Tobacco Product Reserve Fund Act › Rule 23.18.207 - WHOLESALER REPORTING

Current through Register Vol. 13, July 5, 2024
(1) Wholesaler
				reports required by
				16-11-507,
				MCA, shall be filed monthly no later than 15 days after last day of the
				reporting month.
16-11-511, MCA;
					 IMP,
					 16-11-507,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.2 - Tobacco Product Reserve Fund Act › Rule 23.18.208 - LATE FILING ASSESSMENT

Current through Register Vol. 13, July 5, 2024
(1) A penalty will
				be assessed a wholesaler or tobacco product manufacturer for failing to file a
				report by 20 days after the last day of the reporting month.
(2) The failure to file a required report
				shall result in a late filing penalty of $50 for each business day the filing
				is late, for a maximum penalty of $1,000 per late filing.
16-11-508,
					 16-11-511, MCA;
					 IMP,
					 16-11-503,
					 16-11-507,
					 16-11-508,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.2 - Tobacco Product Reserve Fund Act › Rule 23.18.209 - TRUTHFULNESS, COMPLETENESS, AND ACCURACY OF SUBMISSIONS

Current through Register Vol. 13, July 5, 2024
(1) A wholesaler or tobacco product
				manufacturer who submits to the Department of Justice a report, invoice,
				receipt, memoranda, or other record is considered to represent to the
				Department of Justice, to the best of the wholesaler's or manufacturer's
				knowledge and belief, that the item is genuine and that its contents, including
				all statements, claims, and representations contained in the document, are
				true, complete, accurate and not misleading.
(2) There is an inference that a person who
				signs or submits a document to the Department of Justice on behalf or in the
				name of a wholesaler or manufacturer is authorized by the wholesaler or
				manufacturer to do so and is acting under the wholesaler's or manufacturer's
				direction.
16-11-508,
					 16-11-511, MCA;
					 IMP,
					 16-11-118,
					 16-11-503,
					 16-11-507,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.2 - Tobacco Product Reserve Fund Act › Rule 23.18.210 - COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) Complaints regarding violations of
				16-11-501
				through
				16-11-512, MCA, must
				be submitted in writing in affidavit form and signed by the person with
				personal knowledge of the allegations in the complaint.
16-11-511, MCA;
					 IMP,
					 16-11-504,
					 16-11-505,
					 16-11-509,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.3 - Montana 24/7 Sobriety Program Act › Rule 23.18.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context indicates otherwise, the words and phrases
				  in this subchapter have the definitions set forth in this rule.
(1) "Data management system" means a data
				management technology plan approved by the Attorney General that is designed to
				manage testing, data access, fees and fee payments, and any required
				reports.
(2) "Department" means the
				Montana Department of Justice.
(3)
				"Participant" means a person who has been ordered by a court or directed by the
				Board of Pardons and Parole, Department of Corrections, or a parole officer to
				participate in the 24/7 sobriety program.
(4) "Participating agency" means a sheriff's
				office or an entity designated by a sheriff that has agreed to participate in
				the 24/7 sobriety program.
(5)
				"Participating vendor" means a vendor that meets the 24/7 sobriety program
				criteria established by the Attorney General to provide equipment or services
				to implement and operate the 24/7 sobriety program.
(6) "Preliminary alcohol screening test
				device" means a device designed to detect and verify the presence of alcohol or
				provide an estimated value of alcohol concentration.
(7) "Program requirements" means a document
				that sets forth the type and frequency of testing, the testing location, the
				testing fees and payment procedures, and the participant's responsibilities
				under the 24/7 sobriety program.
(8) "24/7 sobriety program" or "program"
				means the program established in 2011 Mont. Laws, ch. 318, § 3. The
				program is a continuous sobriety program in which a participant submits to
				testing of breath or other bodily substances to determine whether alcohol or
				drugs are present in the participant's body.
(9) "Continuous remote transdermal alcohol
				monitoring device" means a device that is capable of remote continuous or
				transdermal alcohol monitoring that can be attached directly to the
				participant. The term includes any associated equipment necessary for the
				device to perform properly.
(10)
				"Vendor agreement" means an agreement approved by the Attorney General between
				a participating vendor and a participating agency that establishes the services
				the participating vendor and a participating agency will provide, the related
				costs and fees, and the portion of costs and fees that will be paid to a
				participating vendor and to a participating agency.
44-4-1204,
					 MCA; IMP,
					 44-4-1204,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.3 - Montana 24/7 Sobriety Program Act › Rule 23.18.302 - PLACEMENT IN THE 24/7 SOBRIETY PROGRAM

Current through Register Vol. 13, July 5, 2024
(1)
				A participant may be placed in the 24/7 sobriety program as a condition of bond
				or pretrial release, a condition of sentence or probation, or as a condition of
				parole.
(2) An order or directive
				placing a participant in the program should include the type of testing and the
				length of time that the participant is to remain in the program.
(3) A participant shall report for
				twice-daily breath tests or submit to testing through a continuous remote
				transdermal alcohol monitoring device for the length of time ordered by the
				court, the Board of Pardons and Parole, the Department of Corrections, or a
				parole officer.
(4) A participating
				agency must receive a copy of the order or directive before enrolling a
				participant in the program.
44-4-1204,
					 MCA; IMP,
					 44-4-1203,
					 44-4-1204,
					 44-4-1205,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.3 - Montana 24/7 Sobriety Program Act › Rule 23.18.303 - ENROLLMENT

Current through Register Vol. 13, July 5, 2024
(1) A representative of a participating
				agency shall enroll a participant in the 24/7 sobriety program prior to
				testing.
(2) During enrollment, the
				representative of a participating agency shall enter the participant's
				information in the data management system. The representative of a
				participating agency shall provide the participant with the appropriate program
				requirements, inform the participant that information may be shared for law
				enforcement and reporting purposes, and provide the participant with
				information related to testing, procedures, and fees.
(3) The participant shall sign the program
				requirements and release of information form.
44-4-1204,
					 MCA; IMP,
					 44-4-1203,
					 44-4-1204,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.3 - Montana 24/7 Sobriety Program Act › Rule 23.18.304 - TESTING AUTHORIZED

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (3), a participant in the 24/7 sobriety program shall submit to
				alcohol testing through twice-daily breath tests on a preliminary alcohol
				screening test device.
(2) A
				participant who has been ordered to provide twice-daily breath tests shall
				report to the participating agency's testing location at two daily testing
				times approximately 12 hours apart.
(3) A participant alternatively may be
				ordered to submit to continuous remote transdermal alcohol monitoring on a
				continuous remote transdermal alcohol monitoring device. Factors to be
				considered include whether:
(a) a device is
				available;
(b) the participant is
				capable of paying the fees and costs associated with continuous remote
				transdermal alcohol monitoring;
(c)
				the participant is capable of wearing the device; and
(d) the participant does not qualify for
				twice-daily breath tests because of one or more of the following:
(i) the participant lives in a rural area and
				submitting to twice-daily breath tests would be unduly burdensome;
(ii) the participant's employment requires
				job performance at a location remote from the testing location and submitting
				to twice-daily breath tests would be unduly burdensome; or
(iii) the participant repeatedly has violated
				the 24/7 sobriety program while submitting to twice-daily breath tests and
				poses a substantial risk of future violation.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.3 - Montana 24/7 Sobriety Program Act › Rule 23.18.305 - PARTICIPANT FEES

Current through Register Vol. 13, July 5, 2024
(1) A participating
				agency shall charge a participant who has been ordered to provide twice-daily
				breath tests a fee, which may not exceed the amount provided for in the vendor
				agreement.
(2) A participating
				agency shall charge a participant who has been ordered to submit to continuous
				remote transdermal alcohol monitoring the following fees and costs, which may
				not exceed the amounts provided for in the vendor agreement:
(a) a daily monitoring fee as provided for in
				the vendor agreement, which must be paid in advance on a one-week, two-week, or
				four-week basis;
(b) an
				installation/activation fee as provided for in the vendor agreement;
				and
(c) any repair or replacement
				costs due to misuse.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.3 - Montana 24/7 Sobriety Program Act › Rule 23.18.306 - COLLECTION, DISTRIBUTION, AND USE OF TESTING FEES

Current through Register Vol. 13, July 5, 2024
(1) A participant shall pay all fees directly
				to the participating agency.
(2) A
				participating agency shall distribute a portion of the fees to the
				participating vendors in accordance with the vendor agreements.
(3) The remainder of the fee proceeds is for
				the use of the participating agency and must be placed in the sobriety program
				account authorized in
				23.18.307. The fee proceeds may be
				used only for the purposes of administering the 24/7 sobriety
				program.
44-4-1204,
					 MCA; IMP,
					 44-4-1203,
					 44-4-1204,
					 44-4-1206,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.3 - Montana 24/7 Sobriety Program Act › Rule 23.18.307 - ACCOUNT FOR TESTING FEES

Current through Register Vol. 13, July 5, 2024
(1) A participating
				agency shall establish and maintain a sobriety program account.
(2) A participating agency shall collect and
				deposit testing fees and any other funds received for the 24/7 sobriety program
				into the sobriety program account for administration of the program.
44-4-1204,
					 MCA; IMP,
					 44-4-1204,
					 44-4-1206,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.3 - Montana 24/7 Sobriety Program Act › Rule 23.18.308 - DATA MANAGEMENT SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) A participating
				agency shall use the data management system, including hardware and software,
				approved and provided by the Attorney General.
(2) The data management system must feature a
				secure, remotely hosted, demonstrated, web-based management application that
				allows multiple concurrent users to access and input information.
(3) The data management system must support
				breath testing, continuous remote transdermal alcohol monitoring, drug patch
				testing, and urinalysis testing.
(4) The data management system must be
				capable of tracking and storing an unlimited number of events, including, but
				not limited to, participant enrollment, testing activity, accounting activity,
				and participating agency activity.
(5) The data management system must be
				capable of generating reports with any combination of system fields and data.
				The data management system must allow reports to be generated as needed and on
				a scheduled basis and allow reports to be exported over a network connection or
				by remote printing.
44-4-1204,
					 MCA; IMP,
					 44-4-1203,
					 44-4-1204,
					 44-4-1206,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.3 - Montana 24/7 Sobriety Program Act › Rule 23.18.309 - 24/7 SOBRIETY PROGRAM MANAGEMENT GROUP

Current through Register Vol. 13, July 5, 2024
(1) The
				Attorney General shall establish a 24/7 sobriety program management group. The
				group must include:
(a) a representative from
				the department;
(b) two
				representatives from rural participating agencies, one representing eastern
				Montana and one representing western Montana;
(c) two representatives from urban
				participating agencies, one representing eastern Montana and one representing
				western Montana; and
(d) a
				representative from the Lewis and Clark County participating agency.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.18 - MISCELLANEOUS DUTIES OF THE DEPARTMENT › Subchapter 23.18.4 - Expert Witness Fees › Rule 23.18.401 - COUNTY REIMBURSEMENT FOR EXPERT WITNESS FEES

Current through Register Vol. 13, July 5, 2024
(1) The Department of Justice has been
				appropriated funds to reimburse counties for expert witness expenses in certain
				criminal proceedings.
(2) The funds
				shall be used to compensate expert witnesses in felony charges filed under
				Title 45, chapter 5, parts 1 or 5, MCA, except in cases for which the death
				penalty is being sought by the prosecution and when the witness fees and
				expenses must be paid by the office of court administrator as provided in
				3-5-901, MCA.
(3) County attorneys shall submit a request
				for reimbursement to the attorney general by April 1 of each year for
				reimbursement of these expert witness expenses on a form prescribed by the
				Department of Justice.
(4) The
				attorney general shall make reimbursement determinations based on the following
				conditions:
(a) $5,000 shall be reserved for
				each county with a population of 30,000 or more based on the most recent census
				data;
(b) the remaining balance
				shall be appropriated to counties with a population less than 30,000 based on
				the most recent census data; and
(c) the seriousness of the charge(s),
				complexity of the case, and financial need of the county.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.2 - Motor Vehicles, Sales, Repairs, Maintenance, and Service › Rule 23.19.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following terms shall, unless the context otherwise
				  indicates, have the following meanings for the purposes of this
				  subchapter:
(1) "Motor vehicle" or
				"vehicle" as used in this subchapter, refers to all types included in the
				statutory definition appearing at
				61-1-102(7),
				MCA, and/or subject to registration under Title 61, MCA;
(2) "Motor vehicle repair business" means any
				person who, for compensation, engages in the trade or commerce of repairing,
				servicing or maintaining motor vehicles owned by other persons. The term
				includes, but is not limited to, new and used motor vehicle dealers, garages,
				service stations, self-employed individuals, truck stops, paint and body shops,
				brake, muffler or transmission shops, shops doing upholstery or glass work and
				other specialty shops;
(3)
				"Customer" means a person who purchases a vehicle or service for a vehicle, and
				includes a customer's designated agent, which shall be presumed to be the
				driver of a vehicle to be repaired;
(4) "Motor vehicle dealer" means every
				individual, corporation, partnership or other business enterprise engaged in
				the trade or commerce of buying, selling or exchanging new or used motor
				vehicles, and who may hold a sales and service selling agreement from a
				manufacturer or distributor of motor vehicles, and who has an established place
				of business in the state of Montana.
30-14-104,
					 MCA; IMP,
					 30-14-104,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.2 - Motor Vehicles, Sales, Repairs, Maintenance, and Service › Rule 23.19.202 - REPAIRS, ESTIMATES, AND INVOICES

Current through Register Vol. 13, July 5, 2024
(1) It
				shall be an unfair or deceptive act or practice for a motor vehicle repair
				business to:
(a) accept a motor vehicle for
				repair without furnishing the customer, upon request, a written estimate for
				repairs, maintenance or service on a motor vehicle in excess of $50. A
				reasonable charge, which shall be disclosed on the written estimate, may be
				made for labor and diagnostic work actually performed in arriving at the
				estimate.
(i) If a written estimate is
				requested, the motor vehicle repair business shall give to the customer a
				written, estimated price for labor, parts necessary for the specific job,
				storage costs (if any) and the approximate date of work completion. A motor
				vehicle repair business shall not charge for labor done and/or parts supplied
				in excess of 10% or $25, whichever is greater, above the estimated price
				without the oral or written consent of the customer. That consent shall be
				obtained after it is determined that the estimated price is insufficient, and
				before work not estimated is done or parts not estimated are
				supplied.
(ii) The motor vehicle
				repair business shall have a reasonable time to prepare the written estimate
				which, after submission to the customer, shall be valid for no more than five
				days. A lesser period of validity may be designated, if that limitation appears
				on the written estimate.
(iii)
				Nothing in this subsection shall be construed as requiring a motor vehicle
				repair business to give a written, estimated price if that business does not
				agree to perform the requested repair or if no charge is to be made for repair
				work.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.2 - Motor Vehicles, Sales, Repairs, Maintenance, and Service › Rule 23.19.203 - REPAIRS AND SERVICES

Current through Register Vol. 13, July 5, 2024
It shall be an unfair or deceptive act or practice for a
				  motor vehicle repair business to:
(1)
				fail to honor his agreement with a customer to repair the customer's motor
				vehicle as represented in the written estimate;
(2) make or charge for repairs which have not
				been expressly authorized by the customer;
(3) represent that repairs have been made
				when such is not a fact;
(4)
				represent that certain parts and repairs are necessary to repair the vehicle
				when such is not a fact;
(5)
				represent that the vehicle being inspected or diagnosed is in a dangerous
				condition or that the customer's continued use of the vehicle may be harmful to
				him or cause great damage to the vehicle when such is not a fact;
(6) fraudulently alter or misuse any
				customer's credit card, contract, estimate, invoice or other
				document;
(7) make or authorize any
				statement written or oral which is known, or with reasonable care should be
				known, to be deceptive or misleading;
(8) make false promises of a character likely
				to influence, persuade, or induce a customer to authorize the repair, service
				or maintenance of a motor vehicle;
(9) engage in any other unfair or deceptive
				acts or practices.
30-14-104,
					 MCA; IMP,
					 30-14-104,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.3 - Consumer Reporting Agencies › Rule 23.19.301 - DISCLOSURE FEES

Current through Register Vol. 13, July 5, 2024
(1) A consumer
				reporting agency shall make all disclosures pursuant to
				31-3-122,
				MCA, without charge to the consumer, if the consumer makes a request under
				31-3-122,
				MCA, within 30 days of receiving either:
(a)
				notification under 31-3-133, MCA, that credit is being denied or provided at an
				increased cost; or
(b) notification
				that the consumer's credit rating may be or has been adversely affected.
				Otherwise, the consumer reporting agency shall charge the consumer no more that
				$8.50 for making disclosure to such consumer pursuant to
				31-3-122,
				MCA, the charge for which shall be indicated to the consumer prior to making
				disclosure. No charge may be made for notifying users of deletion of
				information found to be verified as required by
				31-3-124,
				MCA.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.401 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Department" means the Montana Department
				of Justice.
(2) "Panel" means a
				three-member arbitration panel.
(3)
				Reference to "days" as a time for the performance of any act under this chapter
				shall mean calendar days, unless otherwise specified.
(4) "Manufacturer" includes a designee of the
				manufacturer.
61-4-532,
					 MCA; IMP,
					 61-4-515,
					 61-4-516,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.402 - CORRESPONDENCE

Current through Register Vol. 13, July 5, 2024
(1) All communications, applications,
				filings, complaints or other matters shall be directed to the Administrator,
				New Vehicle Warranties, Consumer Protection Office, Department of Justice, 2225
				Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151.
61-4-532,
					 MCA; IMP,
					 61-4-515,
					 61-4-517,
					 61-4-518,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.403 - PROCEDURES ADOPTED

Current through Register Vol. 13, July 5, 2024
(1) The procedural
				rules adopted by the department shall be in effect, except as may be
				inconsistent with the statutory provisions for procedure applying
				herein.
61-4-532,
					 MCA; IMP,
					 61-4-515,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.404 - MANUFACTURER'S INFORMAL DISPUTE SETTLEMENT PROCEDURE - CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Manufacturers may apply for certification
				of an informal dispute settlement procedure or any amendment to a certified
				procedure.
(2) The application
				shall be made to the department and be accompanied by a fee of $500, which
				shall be used to cover the cost of review and investigation.
(3) Expenditures of the fee shall be
				accounted for by the department and the balance not expended shall be refunded
				to the manufacturer within a reasonable time following final order by the
				department.
(4) The department
				shall have 90 days to complete the review and grant or deny the certification
				of any procedure submitted.
(5)
				Certification shall be issued after investigation and review if the procedure
				is in compliance with the applicable statutes and administrative
				rules.
(6) A certified procedure
				shall remain certified unless the certification is revoked.
61-4-532,
					 MCA; IMP,
					 61-4-511,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.405 - MANUFACTURER'S INFORMAL DISPUTE SETTLEMENT PROCEDURE - AUDIT

Current through Register Vol. 13, July 5, 2024
(1) Manufacturers shall file an annual audit
				with the department.
(2) The audit
				shall be based on the calendar year and shall be filed by October 20th
				following the year for which the audit applies.
(3) Manufacturers shall include in the annual
				audit, the following information:
(a) all
				information otherwise required by statute or rule;
(b) the names, addresses and phone numbers of
				all Montana residents who have notified the manufacturer that a new vehicle
				does not conform to all applicable warranties, including:
(i) the date such notification was
				made;
(ii) the identity by year,
				make and model of the vehicle to which the nonconformity was
				asserted;
(iii) the nature of the
				nonconformity asserted; and
(iv)
				the date and nature of the final action taken by the manufacturer.
(c) a summary of the yearly
				activities of the manufacturer pertaining to its informal dispute resolution,
				including:
(i) the number of notices of
				nonconformity received;
(ii) the
				number of notices denied; and
(iii)
				the number of refunds, replacements and other corrective actions
				taken.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.406 - DEPARTMENT'S DISPUTE RESOLUTION PROCEDURE - WHEN AVAILABLE TO CONSUMER

Current through Register Vol. 13, July 5, 2024
(1) The department's dispute resolution
				procedure shall be available to the consumer in the following cases:
(a) in the event that a manufacturer has not
				established an informal dispute resolution procedure which has been certified
				by the department; and
(b) de novo,
				by appeal from a decision following the manufacturer's dispute settlement
				procedure when such procedure does not conform to procedures established by a
				manufacturer pursuant to
				61-4-511,
				MCA, and the consumer has been injured thereby.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.407 - ARBITRATION PANELS

Current through Register Vol. 13, July 5, 2024
(1) An arbitration
				panel shall consist of three volunteer members. The consumer shall choose one
				member, the manufacturer shall choose one member and both parties shall choose
				one member by mutual agreement, from a list maintained by the department of
				persons willing to serve on arbitration panels.
(2) Prior to an arbitration hearing, the
				arbitration panel shall designate one of its members to serve as chairperson
				for the duration of the case to which that arbitration panel has been
				assigned.
(3) A list of persons
				willing to serve on arbitration panels shall be maintained by the department
				and shall include the following information:
(a) the name of the person;
(b) the address and phone number of the
				person;
(c) the relevant
				background, training and education of the person; and
(d) any other information that the department
				may determine is necessary.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.408 - POWERS AND DUTIES OF ARBITRATORS

Current through Register Vol. 13, July 5, 2024
(1)
				Arbitrators shall have the duty to appoint a time and place of hearing at a
				convenient location in the state of Montana and provide reasonable notice to
				the manufacturer and consumer of such time and place, to conduct fair and
				impartial hearings, to take all necessary actions to avoid delay in the
				disposition of proceedings, to maintain order and to render a final decision no
				later than 60 days after the department has accepted a request for arbitration.
				The decision must comply with Title 61, chapter 4, part 5 and Title 27, chapter
				5, MCA. The arbitrators shall have all powers necessary to meet these ends
				including, but not limited to, the following:
(a) to consider any and all evidence offered
				by the parties which the panel deems necessary to an understanding and
				determination of the dispute;
(b)
				to request the department to issue subpoenas to compel the attendance of
				witnesses and the production of documents, papers and records relevant to the
				dispute;
(c) to request the
				department to forward a copy of all written testimony and documentary evidence
				to an independent technical expert certified by the national institute of
				automotive excellence, to consult with the technical expert as necessary and to
				request the technical expert to sit as a nonvoting member of the arbitration
				panel during presentation of oral testimony;
(d) to regulate the course of the hearings
				and the conduct of the parties and their counsel therein;
(e) to hold conferences for simplification of
				the issues or for other purposes;
(f) to schedule vehicle inspections, if
				deemed necessary, at such facility as the arbitrators determine;
(g) to continue the arbitration hearing to a
				subsequent date if a party requests a continuance before hearing, or at the
				initial hearing or if the panel determines that additional information is
				necessary in order for the panel to render a fair and accurate decision. A
				continuance shall be held within five days of the initial hearing;
(h) to reopen the hearing at will or upon
				motion of either party for good cause shown at any time before the decision is
				rendered; and
(i) to permit a
				deposition to be taken of a witness who cannot be subpoenaed or is unable to
				attend the hearing upon the application of a party and for use as evidence, in
				the manner and upon the terms designated by the arbitrators.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.409 - CONSUMER'S REQUEST FOR ARBITRATION

Current through Register Vol. 13, July 5, 2024
(1) The
				consumer shall file a request for arbitration on a form prescribed by the
				department along with a filing fee of $50. The fee shall be refunded if the
				department determines the request for arbitration does not allege a warranty
				violation. The date of the receipt by the department of the completed form and
				fee shall be considered the filing date of the request.
(2) The consumer shall be required to provide
				the information relevant to the resolution of the dispute on the request for
				arbitration form. The information shall include, but not be limited to, the
				following:
(a) the name, address and
				telephone number of the consumer;
(b) the name, address and telephone number of
				the consumer's legal counsel, if applicable and known;
(c) vehicle information, including the date
				of purchase and date of delivery of the vehicle, the make, model and
				manufacturer of the vehicle, the vehicle identification number, present mileage
				and whether the vehicle was new or used at the time of purchase;
(d) all financial information related to the
				purchase and/or nonconformity(ies) ;
(e) the name and address of the selling
				dealership;
(f) the name and
				address of the servicing dealership(s) or facility(ies) ;
(g) information regarding the
				nonconformity(ies), including:
(i) the nature
				of the nonconformity(ies) ;
(ii)
				the date and mileage when the nonconformity(ies) first occurred;
(iii) the date the nonconformity(ies) was
				(were) first reported to the dealer or manufacturer;
(iv) the dealer or manufacturer;
(v) the mileage when the nonconformity(ies)
				was (were) so reported;
(vi) the
				dates on which the car was at the dealership for repair;
(vii) the total number of days the vehicle
				was at the dealership by reason of repair since the purchase date;
				and
(viii) the circumstances
				concerning any refusal of service by the dealer, if applicable.
(h) name(s), date(s) and the natur
				e of any and all oral or written communication with the manufacturer, selling
				or servicing dealership(s) or facility regarding the dispute;
(i) a statement regarding the consumer's
				assessment of what actions would constitute a fair resolution of the
				dispute;
(j) a statement regarding
				the consumer chosen form of arbitration hearing, whether oral or
				documentary;
(k) a copy of any and
				all warranties, including extended warranties, sales contracts and other
				relevant documents;
(l) copies of
				any and all correspondence between the consumer and the manufacturer or its
				representative(s), if available; and
(m) copies of any and all service
				orders.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.4 - New Motor Vehicle Warranty Rules › Rule 23.19.410 - MANUFACTURER'S STATEMENT

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall require a manufacturer, on a form prescribed by the department, to
				provide information relevant to the resolution of the dispute along with a
				filing fee of $250 within 15 days from the date of the manufacturer's receipt
				of the certified notice of the dispute. The information shall include, but not
				be limited to, the following:
(a) the name of
				the selling dealership;
(b) the
				name of the servicing dealership(s) or facility(ies) ;
(c) the purchase date and deliver date of the
				vehicle;
(d) the vehicle
				identification number;
(e) dates
				and nature of service provided by the servicing dealership(s) or facility(ies)
				and the total number of days the vehicle was at the dealership or facility for
				service since the date of delivery;
(f) a statement regarding all repair attempts
				including the name, title and business address of any person(s) performing such
				repairs and dates thereof;
(g) a
				statement regarding the manufacturer's assessment of what action(s) would
				constitute a fair resolution of the dispute;
(h) copies of any and all service orders for
				the vehicle;
(i) copies of any and
				all correspondence between the consumer and the manufacturer or its
				representative(s) ;
(j) a copy of
				any and all warranties including extended warranties, sales contracts and other
				relevant documents; and
(k) all
				affirmative defenses asserted by the manufacturer.