reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.140 - COMPLETING SCHEDULE E-COST ALLOCATION PLANS/INDIRECT COST PROPOSALS

Current through Register Vol. 13, July 5, 2024
(1) Other local units of the governing body
				provide certain services to the state portion of the regional correctional
				facility on a centralized basis. In order for the costs of those units of the
				governing body to be included in the per diem rate computation, a central
				service cost allocation plan is needed to identify and assign part of those
				costs to the state portion of the regional correctional facility's operation on
				a reasonable and consistent basis. All costs and other data used to distribute
				the cost included in the plan should be supported by formal accounting and
				other records that support the propriety of the cost assignments. To include
				indirect costs in the per diem rate computation:
(a) cost allocation plans must be submitted
				to the department over the signature of the governing body's chief financial
				officer or equivalent officer. The department will certify the plan if the
				documentation reflects accurate financial information and is completed in
				accordance with guidelines in OMB Circular A-87;
(b) the costs must benefit both the state and
				other local governing body activities, must be distributed to all activities in
				reasonable proportions to the benefits received, and must be supported by
				subsidiary records that allow confirmation of the accuracy of the
				distributions;
(c) similar or
				identical costs cannot be charged as direct costs on the per diem worksheet.
				The following categories require scrutiny to ensure duplicate or unallowable
				claims are not made: travel expenses, legal expenses, conferences, professional
				services, and miscellaneous expenses; and
(d) the pre-allocation cost basis of each
				category claimed must be verifiable.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.143 - COMPLETING SCHEDULE F-EQUIPMENT COST

Current through Register Vol. 13, July 5, 2024
(1)
				Equipment is an article of nonexpendable, tangible personal property having a
				useful life of more than one year and an acquisition cost of more than $5,000.
				Cost allowances relating to the use of fixed assets on hand may be made through
				depreciation or a use-allowance.
(2) If the depreciation method is used,
				records indicating the amount of depreciation taken each period must be
				maintained. For either method, charges must be supported by adequate property
				records, and physical inventories must be taken at least every two years (a
				statistical sampling approach is acceptable) to ensure that assets exist and
				are in use.
(3) Without a
				formalized equipment depreciation policy at the local level, a use-allowance of
				6 2/3% with a 15-year write-off period is to be used to compute allowable
				equipment use-allowance charges.
(4) The following are allowable when
				computing equipment depreciation or use-allowance charges allocable to the
				state portion of the regional correctional facility:
(a) equipment meeting the governing body's
				established capitalization criteria;
(b) equipment used in the general operation
				of the regional correctional facility; and
(c) equipment used in programs in which state
				inmates participate.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.146 - COMPLETING SCHEDULE G-BUILDING DEPRECIATION

Current through Register Vol. 13, July 5, 2024
(1) A depreciation or use-allowance charge is
				allowed for all buildings utilized in the performance of the contract with the
				state. Without a formal building depreciation policy at the local level, a
				use-allowance not exceeding 2% of acquisition costs should be used to compute
				the allowable building use-allowance charge.
(2) The original construction cost must be
				reduced by the amount of any department or federal grants used for the
				construction.
(3) The following are
				allowable when computing building depreciation or use-allowance charges
				allocable to the contract with the department:
(a) the cost of building additions,
				renovations, and improvements; and
(b) the cost of land improvements, such as
				paved parking areas, fences, and sidewalks.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.149 - REVIEW AND REVISION OF PER DIEM RATE

Current through Register Vol. 13, July 5, 2024
(1)
				The current year per diem rate will be calculated using the previous fiscal
				year's actual expenditures and adjustments for expected costs over the
				biennium.
(a) Appropriate adjustments will be
				mutually agreed upon by the governing body and the department.
(b) Examples of appropriate adjustments are:
				expected pay increases from union negotiations, food costs, utility increases,
				and other items that can change due to inflation.
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.152 - BILLING AND DEPARTMENT PAYMENT

Current through Register Vol. 13, July 5, 2024
(1) For
				billing, facilities must submit a vendor invoice to the department monthly. The
				invoice must contain the following data for the preceding month:
(a) for each inmate incarcerated in the
				facility:
(i) the name and adult offender
				number of each inmate that was incarcerated in the facility the preceding
				month;
(ii) the date each inmate's
				incarceration began and if applicable, the date it ended; and
(iii) based on the dates of incarceration
				including the first day, but not the last, the total number of days each inmate
				spent incarcerated in the facility; and
Administrative Rules of Montana › Department 20 - CORRECTIONS › Chapter 20.28 - REGIONAL CORRECTIONAL FACILITIES › Subchapter 20.28.1 - Establishment of New Regional Correctional Facilities › Rule 20.28.155 - DISPUTE RESOLUTION

Current through Register Vol. 13, July 5, 2024
(1) There will be a
				dispute resolution process for per diem calculation issues covered under these
				rules.
(2) In the event that the
				department and the operator of a regional correctional facility cannot reach
				agreement on any issue covered under these rules, either party may request
				mediation.
(3) The mediator shall
				be selected by mutual agreement of the department and operator of the facility
				from a list of settlement masters maintained by the district court of the first
				judicial district court.
(4) The
				cost of the mediator shall be equally divided by the parties who engage in the
				mediation. Each party shall bear its own costs for participation in and
				presentation to the mediator.
(5)
				If this dispute resolution process does not resolve the dispute, either party
				is free to pursue other appropriate remedies.
(6) This dispute resolution process is not
				available for disputes over contract matters. The parties must use the dispute
				resolution provisions outlined in the contract to resolve contract
				disputes.
53-30-507, MCA; IMP,
					 53-30-504,
					 53-30-507,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.1 - ORGANIZATIONAL RULE › Subchapter 23.1.1 - N/A › Rule 23.1.101 - ORGANIZATIONAL RULE

Current through Register Vol. 13, July 5, 2024
(1) Organization of
				the Department of Justice:
(a) History: Under
				the Executive Reorganization Act of 1971, the Governor implemented the creation
				of a Department of Law Enforcement and Public Safety by Executive
				Reorganization Order 3-72 on September 1, 1972. The name of the department was
				changed to the Department of Justice on March 9, 1973, under Chapter 250, 1973
				Montana Laws.
(b) Department Head:
				The department head is the Attorney General.
(c) Divisions: The department is divided into
				divisions, headed by administrators. Some divisions are divided into bureaus,
				headed by chiefs. The divisions are:
(i)
				Central Services Division;
(ii)
				Division of Criminal Investigation;
(iii) Forensic Science Division;
(iv) Gambling Control Division;
(v) Justice Information Technology Services
				Division;
(vi) Legal Services
				Division;
(vii) Montana Highway
				Patrol; and
(viii) Motor Vehicle
				Division.
(d) There are
				three boards attached to the department for administrative purposes only:
(i) The Gaming Advisory Council is composed
				of nine members, seven of whom are appointed by the Attorney General pursuant
				to
				2-15-2021,
				MCA. The remaining two members represent the Montana house of representatives
				and senate. The council is directed to study all aspects of gambling in
				Montana, to review administrative rules relating to gambling, and to submit a
				biennial report to the department.
(ii) The County Motor Vehicle Computer
				Committee is composed of five members, two of whom are appointed by the
				Attorney General, two by the County Treasurers Association, and one by the
				director of the Department of Administration. The committee is directed to
				establish requirements and specifications for the county motor vehicle computer
				system and to approve the purchase of, and training for, the system.
(iii) The Public Safety Officer Standards and
				Training (POST) Council is made up of 13 members appointed by the Governor. It
				adopts administrative rules separately from the Department of
				Justice.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.1 - Procedural Rules › Rule 23.2.101 - ADOPTION OF MODEL RULES

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in ARM
				23.2.111 through
				23.2.131, the Department of
				Justice hereby adopts and incorporates by reference the Attorney General's
				Model Rules of Procedure. The model rules are found at ARM
				1.3.101 through
				1.3.233, and a copy may be obtained
				from the Secretary of State, State Capitol, Room 225, Helena, Montana
				59620.
Sec.
					 2-4-201(2)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.1 - Procedural Rules › Rule 23.2.111 - RULES RELATING TO THE BUILDING CODE AMENDED AND TRANSFERRED

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.7.160
Sec.
					 2-4-201(2)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.1 - Procedural Rules › Rule 23.2.121 - DRIVER'S LICENSE DENIAL, SUSPENSION, REVOCATION, OR CANCELLATION

Current through Register Vol. 13, July 5, 2024
(1) The denial, suspension, revocation, or
				cancellation of a driver's license, or the issuance of a probationary driver's
				license is not a contested case under the Attorney General's Model Rules of
				Procedure.
Sec.
					 2-4-201(2)
					 MCA; IMP,
					 61-5-201
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.1 - Procedural Rules › Rule 23.2.122 - NOTICE OF IMMEDIATE SUSPENSION OF A DRIVER'S LICENSE OR ISSUANCE OF A PROBATIONARY DRIVER'S LICENSE

Current through Register Vol. 13, July 5, 2024
(1) "Upon
				suspending the license of any person or upon placing such person on probation
				[under section
				61-5-206
				MCA], the [motor vehicle division] shall immediately notify the licensee in
				writing." Section
				61-5-206(3)
				MCA.
(2) The notice must include:
(a) A statement of the effective date of the
				action of the motor vehicle division.
(b) A statement advising the licensee he has
				a right to request a hearing within a reasonable time.
(c) A statement advising the licensee a
				hearing must be held within 20 days after receipt of a request for
				one.
(d) A statement advising the
				licensee the hearing must be held in the county where he resides unless he and
				the motor vehicle division agree that the hearing may be held in some other
				county.
(e) A statement of the
				legal authority and jurisdiction under which the motor vehicle division
				acted.
(f) A reference to the
				particular sections of the statutes and rules involved.
(g) A short and plain statement of the
				matters asserted. If the motor vehicle division is unable to state the matters
				in detail at the time the notice is served, the initial notice may be limited
				to a statement of the issues involved; the notice should include, however,
				notice of the licensee's right to obtain a more definite and detailed statement
				upon application.
(h) A provision
				advising the licensee of his right to be represented by counsel at the
				hearing.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.1 - Procedural Rules › Rule 23.2.123 - DENIAL FOR INABILITY TO VERIFY NAME AND BIRTHDATE

Current through Register Vol. 13, July 5, 2024
(1) A person denied a driver's license for
				inability to provide documentary verification of name and date of birth may
				file a written request for a hearing with the motor vehicle division within 30
				days after the denial.
Sec.
					 2-4-201(2)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.1 - Procedural Rules › Rule 23.2.124 - HEARING

Current through Register Vol. 13, July 5, 2024
(1) If a hearing is properly requested under
				either ARM
				23.2.122(4) or
				ARM 23.2.123 the hearing must be
				conducted according to the Attorney General's Model Rules of Procedure
				concerning the conduct of contested case hearings and section
				61-5-206(3)
				MCA. However, service will be by regular United States mail, postage
				prepaid.
(2) The driver improvement
				committee shall render the final decision.
Sec.
					 2-4-201(2)
					 MCA; IMP,
					 61-5-201
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.1 - Procedural Rules › Rule 23.2.125 - HEARING EXAMINERS

Current through Register Vol. 13, July 5, 2024
(1) An examiner may
				conduct hearings. As a duly authorized agent of the motor vehicle division, he
				"may administer oaths and may issue subpoenas for the attendance of witnesses
				and the production of relevant books and papers and may require a reexamination
				of the licensee" under section
				61-5-206(3)
				MCA.
Sec.
					 2-4-201(2)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.1 - Procedural Rules › Rule 23.2.131 - CONDITIONS OR MATERIALS CREATING A FIRE HAZARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-4-201(2)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.2 - Investigative Protocol › Rule 23.2.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires otherwise, the following
				  definitions apply to ARM
				  23.2.201 through
				  23.2.205:
(1) "Active investigation" means an
				investigation when officers are physically collecting data in another
				jurisdiction, conducting surveillance or interviews, executing search warrants,
				or any related activities. Active investigation does not include the
				collection, analysis or dissemination of criminal intelligence information or
				unconfirmed information secured prior to the initiation of an active
				investigation.
(2) "Investigative
				protocol" means the procedure used by the Montana department of justice law
				enforcement agencies to notify other law enforcement agencies and coordinate
				investigative activities to ensure the maximum effective use of personnel,
				respect for jurisdictional boundaries, and safety of officers involved in an
				investigation.
(3) "Liaison
				officer" means an officer in a police department, sheriff's office, state or
				federal agency designated by the agency head to serve as the contact between
				local or federal law enforcement agencies and state investigative agencies
				within the Montana department of justice.
(4) "State agency" means a criminal
				investigative agency within the Montana department of justice including those
				agencies that investigate narcotics, organized crime, gambling, general
				criminal investigations, motor vehicle investigations, worker's compensation
				(state fund) fraud, and other areas of responsibility as defined in section
				44-2-115,
				MCA.
Sec.
					 2-15-112,
					 MCA; IMP, Sec.
					 44-2-115,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.2 - Investigative Protocol › Rule 23.2.202 - PROTOCOL

Current through Register Vol. 13, July 5, 2024
(1) A state agency shall not undertake an
				active criminal investigation except as provided in section
				44-2-115,
				MCA. When a state agency begins an active investigation pursuant to section
				44-2-115,
				MCA, within the jurisdiction of a local law enforcement agency, the
				administrator of the division or a designated liaison officer shall provide
				advance notification to the chief law enforcement officer or designated liaison
				officer of that jurisdiction.
(2)
				This notification is required in all instances unless one of the following
				special exceptions exist:
(a) An investigation
				has been properly initiated within one jurisdiction and during the immediate
				course of the investigation exigent circumstances require investigation in
				another jurisdiction. In this event, the state liaison officer shall notify the
				affected jurisdiction as soon as the safety and security of investigative
				personnel is assured.
(b) When an
				investigation is performed by a state agency at the request and under the
				direction of a federal law enforcement agency, the responsibility for and
				decision regarding notification to other authorities shall be made by the
				federal agent in charge of the investigation. When joint federal and state
				investigations are conducted, the liaison officer for the state agency will
				request in writing that the federal agency notify local law enforcement
				officials that the investigation is in progress, and document the response to
				this notification.
(c) When the
				subject of the investigation is the chief law enforcement officer of the agency
				or public official and a request for investigative assistance has been received
				pursuant to section
				44-2-115(1),
				MCA, the notification procedure described in ARM
				23.2.203 will apply.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.2 - Investigative Protocol › Rule 23.2.203 - INTERNAL INVESTIGATION

Current through Register Vol. 13, July 5, 2024
(1) For a state
				agency to initiate an internal investigation of another law enforcement agency
				or public official pursuant to section
				44-2-115,
				MCA, the following procedures must be followed:
(a) A written request must be received and
				approved by the attorney general or a designated representative. The request
				must be from a chief of police, sheriff or county attorney within the
				jurisdiction where the alleged offense(s) occurred.
(b) The request must describe the reasonable
				facts that led the official to believe a criminal offense has been or is being
				committed.
(c) The request must
				name a local representative to serve as the liaison officer.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.2 - Investigative Protocol › Rule 23.2.204 - COORDINATION

Current through Register Vol. 13, July 5, 2024
(1) Local, state, and federal law enforcement
				agencies will make every good faith effort to notify the appropriate law
				enforcement agencies concerning active investigations.
(2) Notification to the appropriate law
				enforcement agencies is intended to avoid duplication of effort and to ensure
				maximum coordination among various law enforcement agencies in the state of
				Montana.
Sec.
					 2-15-112,
					 MCA; IMP, Sec.
					 44-2-115,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.2 - Investigative Protocol › Rule 23.2.205 - COMPLAINT REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Whenever a law
				enforcement agency concludes that a state agency has actively conducted an
				investigation within their jurisdiction without proper notification, a written
				complaint may be forwarded to the attorney general . Whenever a complaint is
				received, the attorney general or a designated representative will request a
				written response from the agency involved in the complaint. The attorney
				general or a designated representative will review the response, determine if
				the action constituted a violation of investigative protocol, and act to ensure
				future compliance with the administrative rules.
AUTH:
					 2-15-112,
					 MCA; IMP:
					 44-2-115,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.4 - Referral of Debt for Recovery and Offset › Rule 23.2.401 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Debt" means a monetary sum owed to the
				state of Montana.
(2) "Department"
				means the department of justice.
(3) "Offset" means a deduction from monies
				due to a person or entity from the state for the purpose of recovering in total
				or in part a debt owed by the person or entity to the state. An offset is
				undertaken by the department of administration, or other agency designated by
				law, under the authority of
				17-4-105,
				MCA. Offset may include but is not limited to an offset of a person or an
				entity's state tax refund.
(4)
				"Recovery" means any measure undertaken by the department of administration, or
				other agency designated by law, under the authority of
				17-4-101,
				MCA et seq., in accordance with that agency's rules and policies as a means of
				recovering a debt owed by a person or entity to the state of Montana. Recovery
				may include but is not limited to assignment to a collection agency and
				litigation.
2-4-201,
					 MCA; IMP,
					 17-4-110,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.4 - Referral of Debt for Recovery and Offset › Rule 23.2.402 - REFERRAL FOR RECOVERY AND OFFSET

Current through Register Vol. 13, July 5, 2024
(1) The
				department under the authority of
				17-4-104,
				MCA, may refer to the department of administration, or other agency designated
				by law, for recovery and offset of any debt owed to the department.
(2) The department must determine that a debt
				is uncollectible by the department before the debt may be referred to the
				department of administration, or other agency designated by law.
2-4-201,
					 MCA; IMP,
					 17-4-110,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.4 - Referral of Debt for Recovery and Offset › Rule 23.2.403 - UNCOLLECTIBLE DEBT

Current through Register Vol. 13, July 5, 2024
(1) A debt is
				uncollectible by the department if the department has determined that:
(a) the debt is owing to the
				department;
(b) the debtor has
				either not pursued available administrative due process within the department
				or has failed to prevail in the available administrative due process within the
				department or in any appeal from that administrative due process to the state
				or federal courts;
(c) the debtor
				has failed to pay the debt after the department has made all reasonable efforts
				to collect the debt; and
(d) the
				department has no administrative means such as recoupment from current payments
				by which to recover the debt.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.2 - PROCEDURAL RULES › Subchapter 23.2.4 - Referral of Debt for Recovery and Offset › Rule 23.2.404 - FORMS

Current through Register Vol. 13, July 5, 2024
(1) The department shall refer a debt to the
				department of administration, or other agency designated by law, on the
				attached form.
BAD DEBT CERTIFICATION & TRANSFER FORM
Agency Name:
(Department Use Only)
Document Locator No.
<
Instructions: Prepare five copies, keeping the
								last copy for agency file; send remaining four copies to the Department of
								Administration, Debt Collection Services, Mitchell Building, Helena, MT 59620.
								A complete file on bad debt must accompany form. See MOM Chapter 2-1100 for
								necessary instructions.
Agency Document No.
<
No Warrant Trans. Doc. No.
<
DATA PROCESSING ENCODING SUMMARY
Agency No.
Accounting Entity
Principal Amount Due
Account Name
02
Interest
Penalties
Other Charges
Account Address
Social Security No.
Employer I.D. No.
HISTORY OF COLLECTION
ORIGINAL TRANSACTION
Date
Debt Description
Debt Code
Principal Amount Due
Annual Interest %
Interest
Penalties
Other Charges
Total Amount Due
AGENCY COLLECTION PROCEDURES
Date of First Notice
Check appropriate box:
G Demand for payment was sent to debtor's last
								known address, but debtor cannot be contacted there;
G Debtor has been offered an appropriate
								installment payment schedule, but Debtor has declined to agree to the schedule;
								or
G Although Debtor agreed to an installment
								schedule, Debtor has not made an installment payment within ten days of the
								Department's demand letter providing notice of delinquency.
Date of Final Notice
CERTIFICATION AND TRANSFER
I hereby certify this to be a valid debt of the
								State of Montana and that every means of collection of the Account Receivable
								identified herein has been utilized according to agency criteria for
								uncollectibility. This notice will evidence our intent to transfer this debt to
								the Department of Administration, Debt Collection Services.
Signature of Agency Official Title Date
ACCEPTANCE AND WRITE OFF AUTHORITY
G Approved We hereby accept this debt.
G Not Approved See attached material.
Signature of Agency Official Title Date
2-4-201,
					 MCA; IMP,
					 17-4-110,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.101 - COUNTY TREASURERS AS FEE COLLECTING AGENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 61-5-111(1), MCA;
					 IMP: 61-5-111(1),
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.111 - PROCEDURES AND STANDARDS FOR DRIVER'S EXAMINATION AND LICENSING

Current through Register Vol. 13, July 5, 2024
(1) Examiners shall follow the procedures and
				standards for the examination and licensing of drivers contained in ARM
				23.3.112 through
				23.3.126.
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 61-5-101
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.112 - ORDER OF STEPS IN EXAMINING

Current through Register Vol. 13, July 5, 2024
An examiner shall conduct the driver's examination in the
				  following order:
(1) Ask preliminary
				questions and have applicant complete necessary forms.
(2) Give vision test.
(3) Give written (road signs and road rules)
				test. (Oral for illiterates.) If applicant fails any portion of the inside
				test, list the station, date, initial, and note portion of test failed on
				original copy of receipt. Make sure that applicant understands that receipt is
				not license to drive.
(4) Give
				driving test. The inside test must be completed satisfactorily before
				conducting the driving test. If driving test is failed, sign and issue
				"learner's license."
(5) Return
				applicant to exam station, fill in photo information form, and take
				picture.
(6) Validate "temporary
				license" and issue to applicant.
(7) If any question on the application is not
				answered, read it slowly to the applicant and record his answer. If he refuses
				to answer the question, explain that it is impossible for the state to grant a
				license until all of the questions on his application have been
				answered.
(8) If the applicant is
				under 18 years of age, the application is not complete and may not be accepted
				unless accompanied by one of the two alternative forms of the affidavit of
				consent provided by the division. The affidavit must be signed by the person
				and in the manner described in ARM
				23.3.115.
(9) If the applicant is a driver education
				student who is 15 or 16 years of age, be sure he has passed an approved
				course.
(10) The examiner should be
				certain that the correct residence address is shown on the application, as we
				must be able, at any time, to reach all drivers by mail.
(11) If there is any doubt about an address
				or permanency, get a second address of relative, employer, or associate through
				whom the applicant may be located.
Sec.
					 44-1-103
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.113 - AGE STANDARDS

Current through Register Vol. 13, July 5, 2024
The age standards for drivers are:
(1) Operator: Minimum age 16 years except as
				provided in sections
				61-5-105(1),
				61-5-106,
				and
				61-5-111(4)
				MCA. Applicants under 18 years of age must have signature of parents, husband,
				or wife over 18 years of age, guardian, or employer except as provided in
				section
				61-5-108
				MCA.
(2) Chauffeur, including motor
				bus driver (common carriers) operating under a permit issued by the railroad
				and public service commission, school bus driver, taxi-cab driver, and private
				chauffeur: Minimum age 18 years.
Sec.
					 44-1-103,
					 MCA; IMP, Sec.
					 61-5-101
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.114 - SIGNATURE OF APPLICANT

Current through Register Vol. 13, July 5, 2024
(1) The signature
				of the applicant must be entered on the line indicated (Signature of
				Applicant). If an applicant cannot write he may make his mark. This is simply a
				cross on the application in the place of his signature. His name should be
				printed or typed near the "mark" for identification and a witness should sign
				under the applicant's mark, showing who signed the applicant's name.
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 61-5-101
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.115 - CONSENT OF PARENTS OR GUARDIANS

Current through Register Vol. 13, July 5, 2024
(1) The
				motor vehicle division shall not issue an operator's license to any person
				under 18 years of age nor shall any road test be administered unless the
				application is signed and verified in either of the following alternative
				forms:
(a) Signing party consents to allow
				the minor to obtain operator's permits until the minor reaches majority unless
				consent is withdrawn through receipt by the division of written notification of
				withdrawal of consent. During such period, signing party agrees to joint and
				several liability with the minor for negligent or willful misconduct of the
				minor when driving a motor vehicle upon a highway; or
(b) Signing party consents to allow the minor
				to obtain operator's permit until the minor reaches majority unless consent is
				withdrawn through receipt by the division of written notification of withdrawal
				of consent. Signing party asserts that there is presently on deposit with the
				division proof of financial responsibility of the minor applicant in the form
				and in amounts required under the Motor Vehicle Safety Responsibility Act and
				section
				61-5-108(3)
				MCA. Signing party agrees that if for any reason said proof of financial
				responsibility ceases to be maintained, signing party assumes joint and several
				liability with the minor for negligent or willful misconduct of the minor when
				driving a motor vehicle upon a highway.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.116 - PAST DRIVING EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1) Examiners shall
				make every effort to obtain complete information on the applicant's past
				driving experience including experience in other states where the applicant has
				been licensed.
(2) If the applicant
				is over 18 years of age and indicates he has not been previously licensed the
				national driver register (see ARM
				23.3.143 ) must be used.
(3) If an applicant has been under suspension
				or revocation he should present a letter or card from the motor vehicle
				division stating that the suspension or revocation period has expired. If the
				driver has been under revocation or suspension he may be required to file proof
				of financial responsibility before a temporary license can be issued to him. If
				in doubt as to whether or not an applicant's period of suspension or revocation
				has expired, the test may be completed and the result forwarded to the Helena
				office. A temporary license may not be issued in such cases.
Sec.
					 41-1-103 MCA;
					 IMP, Sec.
					 61-5-101
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.117 - STANDARDS FOR BODY DISABILITIES

Current through Register Vol. 13, July 5, 2024
The following restrictions are recommended for applicants who
				  are unable to pass the driving test without special equipment:
(1) Both hands or feet or one hand and one
				foot missing or useless: Pass, restricted to needed special equipment, or, if
				in doubt after examination, refer to the motor vehicle division.
(2) Either hand missing or useless: Pass,
				restricted to grip knob on steering wheel and mechanical turn indicator, if
				needed.
(3) Either foot missing or
				useless: Pass, restricted to artificial foot, pedal extension, manual brake or
				clutch or automatic clutch.
(4)
				Joints stiff: Pass, describe fully.
(5) Body or limbs shaky: Pass, describe
				fully.
(6) Strength inadequate for
				quick stops: Fail, recommend special equipment.
(7) Stature too small for quick stops: Fail,
				recommend special equipment.
(8) If
				any special equipment is on the car used in the road test restrict to such
				special equipment, if needed.
(9)
				Deaf, hard of hearing, or wearers of hearing aids: Pass, restrict to left
				outside mirror.
Sec.
					 44-1-103
					 MCA; IMP, Sec.
					 61-5-101
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.118 - VISION TEST

Current through Register Vol. 13, July 5, 2024
(1) The applicant
				must be tested for acuity, depth perception and color blindness.
(2) The vision test must be given on a
				Keystone Telebinocular or equivalent.
(3) The applicant may wear eyeglasses or
				contact lenses for the vision test. An applicant wearing telescopic lenses or
				similar magnifying devices must be tested using the carrier lenses only.
				Telescopic lenses or similar magnifying devices may not be utilized to increase
				acuity readings.
(a) "Best corrected vision"
				is a measure of visual acuity while using eyeglasses, contact lenses, or
				carrier lenses, not telescopic lenses or similar magnifying devices.
(b) Nothing herein should be construed to
				prohibit the use of telescopic lenses or similar magnifying devices during the
				driving test or normal driving if the applicant is otherwise
				qualified.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.119 - VISION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) If the
				applicant's uncorrected vision is 20/40 or better in each eye or both eyes
				together, and no medical problems affect the vision, the applicant may receive
				a driver's license without corrective lens restrictions.
(2) If the applicant's uncorrected vision is
				worse than 20/40 in both eyes together and the vision can be improved, the
				applicant may receive a driver license with corrective lens
				restrictions.
(3) If the
				applicant's best corrected vision in both eyes together is worse than 20/40 but
				20/70 or better, the applicant may receive a driver license that restricts him
				to driving during daylight hours only, 55 miles per hour on the interstate and
				45 miles per hour otherwise, and/or forbids him from driving during inclement
				weather. The applicant may also be required to pass the driving portion of the
				examination at renewal.
(4) If the
				applicant's best corrected vision in both eyes together is worse than 20/70 but
				is 20/100 or better, an unrestricted driver license will be denied but the
				applicant may request that a restricted license be issued.
(a) If a restricted license is requested, a
				special evaluation will be conducted by the district supervisor or chief
				examiner to determine whether need for the license exists.
(i) The factors considered when determining
				whether or not need for a license exists include but are not limited to:
(A) other transportation available, including
				other drivers;
(B) proximity to
				services;
(C) employment
				requirements;
(D) family
				needs;
(E) medical transportation
				needs.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.120 - HEARING STANDARDS

Current through Register Vol. 13, July 5, 2024
If an applicant is deaf, wears a hearing aid, or is hard of
				  hearing, the applicant's license must have a left outside rear-view mirror
				  restriction.
Sec.
					 44-1-103
					 MCA; IMP,
					 61-5-101
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.121 - ROAD SIGNS AND ROAD RULES

Current through Register Vol. 13, July 5, 2024
(1)In order to be
				licensed, an applicant must be able to:
(a)
				ascertain the meaning of standard warning and regulatory signs and understand
				what the driver should do upon approaching them; and
(b) successfully answer questions on highway
				laws and regulations, either orally or written.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.122 - ROAD TEST PREPARATION

Current through Register Vol. 13, July 5, 2024
(1) To make the
				road
test fair to all applicants, and to assure uniformity in
				  grading, the road test must be given over approved routes that must be as
				  standardized as possible. There must be at least one such route at each
				  examining station. In larger places there may be two or more test routes.
				  Routes must involve neither too heavy nor too light traffic at the time the
				  examination is being given. When one route is undesirable, because of
				  construction work, unusual congestion or other conditions, an alternate must be
				  available. The routes should run from three-fourths to one mile in length so
				  that the ordinary driving demonstration may take not less than 8 minutes nor
				  more than 12 minutes. A test must be mapped by the District Sergeant and a copy
				  checked and approved by the Chief Examiner. One copy is given to the examiner.
				  This map lists the location of the station where licenses are issued in each
				  town. All road tests must be given over an official test route.
(2) Prior to the start of the road
				test, the following items must be checked:
(a)
				Headlights (bright and dim) ;
(b)
				Signal Lights (front) ;
(c) Tail
				Lights;
(d) Brake Lights;
(e) Signal Lights (back) ;
(f) License Plate Light;
(g) Muffler;
(h) Tires (visually) ;
(i) Glass Enclosure;
(j) Vehicle license number. (Must be
				recorded. If no plate or sticker, no test. If foreign plate, one plate, or new
				ten day vehicle, proceed with test.) ;
(k) Brakes;
(l) Horn (during test) ;
(m) Condition of windshield wipers (observe)
				; and
(n) Steering.
If in the examiner's opinion the brakes are unsafe or the
				  brake lights are not working or the vehicle is unsafe, the examiner shall
				  refuse to give the test.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.123 - ROAD TEST

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				may not under any circumstances take the test in a car assigned to an
				examiner.
(2) Unless an exception
				is appropriate, only the examiner and the applicant may be in the car during
				the test. Examples of situations where an exception is appropriate include
				cases in which the applicant is foreign-speaking and a translator is necessary
				and cases in which religious customs require that somebody accompany the
				applicant.
(3) Give examinations
				regardless of weather, if the applicant consents. If the applicant requests a
				postponement, permit it, holding the test as incomplete.
(4) If the applicant has a minor accident and
				does not appear upset, direct him to drive back to the starting point. If the
				applicant appears to be the least upset or major damage has occurred, direct
				him to make arrangements for someone to drive for him, or to have his car towed
				away for repair.
(5) If an accident
				involves another car or pedestrian, or if the damage amounts to more than $25
				to the applicant's car, have him complete and submit to you an accident report,
				listing you as a witness.
(6) If an
				applicant violates a law on a road test, such as running through a stop light,
				fail him but do not cite him. Because a purpose of the road test is to
				determine whether the applicant knows the laws, he is presumed not to have
				violated the law purposely.
Sec.
					 44-1-103
					 MCA; IMP,
					 61-5-101
					 et seq. MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.124 - ROAD TEST DESCRIPTION AND SCORING

Current through Register Vol. 13, July 5, 2024
(1) For
				purposes of this rule:
(a) "ACC" means
				accident;
(b) "DA" means dangerous
				action;
(c) "LV" means law
				violation;
(d) "NC" means lack of
				cooperation;
(e) "TD" means more
				than permitted deductions;
(f) "VC"
				means vehicle condition; and
(g)
				"INC" means incomplete.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.125 - INCOMPLETE EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) An examination
				may be incomplete with the applicant neither passing nor failing. He may not
				pass until he has successfully completed each part of the examination
				separately. The examination is incomplete, therefore, when it is discontinued
				for some reason other than the applicant's lack of ability. For example, when a
				vehicle has a puncture or otherwise malfunctions during the driving test for
				reasons not attributable to the driver, the test is discontinued but the driver
				is not disqualified.
Sec.
					 44-1-103,
					 MCA; IMP, Sec.
					 61-5-101
					 et seq., MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.126 - TIME LIMIT ON SECOND AND SUBSEQUENT EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) A written examination may not be given to
				an applicant more than once in each day. A road test may not be given more than
				once in every seven days.
Sec.
					 44-1-103,
					 MCA; IMP, Sec.
					 61-5-101
					 et seq., MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.127 - FULL LEGAL NAME, NAME COMBINATION AND LENGTH

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in (3), an applicant's full legal name is required on a
				driver's license application, including a renewal application, and on the
				license itself.
(2) For driver
				licensing and identification card purposes, an applicant's full legal name is
				deemed to be the individual's name as shown on the primary document presented
				by the applicant under ARM
				23.3.131 unless:
(a) the applicant submits one or more
				documents as specified in ARM
				23.3.128 that verify a name
				change;
(b) the applicant wants to
				replace a middle name with the applicant's last name prior to marriage;
				or
(c) the name has been truncated
				in accordance with (3).
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.1 - Driver Licensing › Rule 23.3.128 - CHANGE OF NAME ON DRIVER RECORD

Current through Register Vol. 13, July 5, 2024
(1) When the
				holder of a Montana driver's license wants to change the full legal name on the
				department's driver record, the holder must make application for a name change
				and verify the legal change of full legal name by presenting one of the
				following documents:
(a) a certified copy of
				the applicant's marriage certificate from the issuing government
				jurisdiction;
(b) a certified copy
				of a decree or judgment granting a name change from a court of competent
				jurisdiction;
(c) a certified copy
				of a divorce decree or dissolution of marriage granted the applicant that
				specifies the change of name required; or
(d) a certified copy of a US department of
				justice, immigration and naturalization service, certificate of naturalization
				(forms N-550, N-570) issued to the applicant.