reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.5 - Regulation of Licensees and Compliance With Marijuana Laws › Rule 42.39.503 - VIOLATIONS, PROCEDURES, AGGRAVATING AND MITIGATING CIRCUMSTANCES

Current through Register Vol. 13, July 5, 2024
(1) Evidence of violation by a licensee, a
				licensee's agent, or an employee of a licensee of any of the provisions of the
				marijuana laws is sufficient grounds for a warning, reprimand, suspension,
				revocation, and/or the assessment of a civil penalty in accordance with
				16-12-109, MCA.
(2) Whenever the
				department seeks to impose a reprimand, suspension, revocation, and/or the
				assessment of a civil penalty in accordance with 16-12-109, MCA, the department
				shall serve a licensee with a notice of proposed department action. The notice
				of proposed department action shall, at a minimum:
(a) state the allegations;
(b) identify dates or approximate dates of
				the alleged incident;
(c) cite the
				specific statute, rule, or local ordinance that the alleged incident
				violates;
(d) list each alleged
				violation as a separate count;
(e)
				identify the penalty that the department seeks to impose; and
(f) provide the licensee with appeal rights,
				including the right to request an administrative hearing before the
				department's Office of Dispute Resolution.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.5 - Regulation of Licensees and Compliance With Marijuana Laws › Rule 42.39.504 - SUSPENSION AND REVOCATION OF A LICENSE

Current through Register Vol. 13, July 5, 2024
(1) The
				department may suspend a license for any period of time not to exceed one
				year.
(2) The department shall
				revoke the license or licenses of a licensee that commits the offenses stated
				in 16-12-109(5), MCA, and for a marijuana testing laboratory, the offenses
				stated in 16-12-202(9), MCA. The department may revoke the license or licenses
				of a licensee that commits other violations of the marijuana laws.
(3) When determining the length of suspension
				or whether to revoke a license or licenses, the department shall consider
				aggravating and mitigating circumstances and the severity of the violation or
				violations as set forth in ARM 42.39.503.
(4) A license suspension shall be effective
				at each licensed premises that is the subject of the violation or violations
				resulting in the suspension.
(5)
				During a suspension, a licensee and its employees may not operate the licensed
				premises that is subject to the suspension. The suspended licensee may not
				sell, deliver, service, remove, transport, or receive marijuana or marijuana
				products or otherwise engage in business from the licensed premises. The
				department may negotiate terms with a licensee to prevent the potential loss of
				marijuana or marijuana products during a suspension.
(6) During a suspension, a licensee and its
				employees must obey the marijuana laws, including compliance with the tax and
				reporting laws provided in
				15-64-102
				through
				15-64-106,
				MCA.
(7) A suspended licensed
				premises remains subject to inspection under 16-12-210, MCA.
(8) If a license is due for renewal during a
				suspension, a licensee must submit a renewal application including payment of
				applicable fees to avoid lapse of the license. The department shall not approve
				a renewal application with respect to the suspended licensed premises until the
				suspension has expired.
(9) If the
				department receives an application for renewal during a suspension, the time
				allowances in 16-12-104, MCA, will not begin with respect to the suspended
				licensed premises until the suspension expires.
(10) A suspension does not alter a license's
				renewal date.
(11) The department
				shall inspect all suspended licensed premises before a licensee can resume
				operations.
(12) When a license
				has been revoked, the department shall not accept an application from the
				person or persons qualified for licensure pursuant to 16-12-109(6), MCA, for
				three years from the date of revocation. After the three-year moratorium, an
				application will only be accepted if the applicant demonstrates to the
				department that sufficient steps have been taken to prevent future violations
				of the marijuana laws.
AUTH: 16-12-112, 16-12-210, MCA; IMP: 16-12-210,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.5 - Regulation of Licensees and Compliance With Marijuana Laws › Rule 42.39.505 - SERVICE OF NOTICES

Current through Register Vol. 13, July 5, 2024
(1) A notice of
				proposed adverse action issued by the department pursuant to the marijuana laws
				shall be served upon the licensee by sending a copy of the notice to the
				licensee by electronic means to the email address on file with the
				department.
(2) Service shall be
				considered complete upon transmission but is not effective if the department
				learns that the notice did not reach the licensee, in which case the department
				will proceed with service of notice provided in (3).
(3) If a licensee has previously opted out of
				receiving department communications by electronic means, the notice shall be
				served by sending a copy of the notice to the licensee by certified mail to the
				mailing address on file with the department. Whenever the department serves a
				notice via certified mail:
(a) service shall
				be considered complete three days after mailing the notice;
(b) service shall not be considered
				incomplete because of refusal to accept delivery of the notice.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.5 - Regulation of Licensees and Compliance With Marijuana Laws › Rule 42.39.506 - SUSPENSION OR REVOCATION OF WORKER PERMITS

Current through Register Vol. 13, July 5, 2024
(1)
				Whenever the department seeks to suspend or revoke the permit of any marijuana
				worker, the department shall serve the marijuana worker with a notice of
				proposed department action, as provided in ARM 42.39.503. The notice of
				proposed department action shall, at a minimum:
(a) identify dates or approximate dates of
				the alleged incident;
(b) cite the
				specific statute, rule, or local ordinance that the alleged incident
				violates;
(c) list each alleged
				violation as a separate count;
(d)
				identify which penalty that the department seeks to impose; and
(e) provide the marijuana worker with appeal
				rights, including the right to request an administrative hearing before the
				department's Office of Dispute Resolution.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.5 - Regulation of Licensees and Compliance With Marijuana Laws › Rule 42.39.507 - CIVIL PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) When
				determining the amount of civil penalty imposed pursuant to 16-12-109, MCA, and
				rules of the department, the department shall consider aggravating and
				mitigating circumstances and the severity of the violation or violations as set
				forth in ARM 42.39.503.
(2) Upon
				reprimand or suspension of a license, the department shall also impose a civil
				penalty of not less than $100 and not more than $3,000 per violation.
(3) If a civil penalty is imposed in
				conjunction with a suspension, the licensee may not resume operations until it
				has paid the penalty in full.
(4)
				Failure to pay a civil penalty shall be considered a violation of department
				rule and could subject the licensee to further administrative
				proceedings.
AUTH: 16-12-112, MCA; IMP: 16-12-109,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.5 - Regulation of Licensees and Compliance With Marijuana Laws › Rule 42.39.508 - NOTICE POSTING PROCEDURE UPON REVOCATION OR SUSPENSION OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) When any marijuana business license is
				suspended or revoked by the department, the department shall provide a written
				notice to the licensee and require the licensee to post the notice on the
				inside of the licensed premises so that it can be seen from the outside. The
				notice shall state, for the benefit of the public, that the license has been
				suspended or revoked. The notice must identify the name of the licensee, the
				reason for the suspension or revocation, and the period of suspension. The
				suspension or revocation notice must be dated and signed. In the case of a
				license suspension, the notice must be posted at all times during the
				suspension. In the case of a revocation, the notice must be posted on the
				licensed premises for ten days.
(2) If a notice is removed or caused to be
				removed by a licensee or its employee or agent during a suspension, the license
				shall be subject to revocation. A licensee or its employees may not place or
				permit the placement of any statement on the licensed premises indicating that
				the premises have been closed for any reason other than what is stated on the
				notice.
(3) The license or
				licenses suspended will be held by the department during the period of
				suspension.
AUTH: 16-12-112, MCA; IMP: 16-12-109,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.6 - Testing Laboratories › Rule 42.39.602 - TESTING LABORATORY GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A testing laboratory must employ a
				full-time scientific director that meets the minimum requirements described in
				16-12-206, MCA.
(2) The scientific director must ensure that:
(a) the testing laboratory achieves and
				maintains ISO/IEC 17025:2017 accreditation for all testing methods/analytes
				required in ARM
				37.107.316;
(b) the testing laboratory's processes and
				practices are compliant with ISO/IEC 17025:2017 standards;
(c) the testing laboratory maintains quality
				practices in accordance with their quality assurance plan;
(d) testing personnel have been appropriately
				trained and demonstrate competency prior to providing testing
				services;
(e) policies and
				procedures are in place for monitoring personnel competence;
(f) approved standard operating procedures
				are in place, have been reviewed, and are followed by all testing personnel;
(g) appropriate test methods are
				in place;
(h) test method
				validations have been performed initially and upon test method changes to
				determine the minimum following requirements;
(i) accuracy;
(ii) precision;
(iii) linearity and working range;
(iv) coefficient of determination
				(r2) for calibration curves;
(v) LOD;
(vi) LOQ;
(vii) MDL; and
(viii) reproducibility.
(i) acceptable analytical test performance is
				established and maintained for each test system;
(j) quality assurance and quality control
				programs are established and maintained;
(k) corrective and preventative actions are
				taken and documented when significant deviations from the testing laboratory's
				established performance characteristics are identified and test results are
				reported only when test systems are functioning properly;
(l) the testing laboratory successfully
				participates in an approved proficiency testing (PT) program(s), as described
				in this subchapter, for all methods/analytes required in ARM
				37.107.316;
(m) the physical and
				environmental conditions of the testing laboratory are adequate and appropriate
				for the testing performed; and
(n)
				the environment for employees is safe from physical, chemical, and biological
				hazards, and safety and biohazard requirements are met.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.6 - Testing Laboratories › Rule 42.39.603 - TESTING LABORATORY ENDORSEMENT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A testing laboratory applicant must meet
				all applicable requirements under the Montana Marijuana Regulation and Taxation
				Act (Title 16, chapter 12, MCA) and this subchapter in order to qualify for
				endorsement of either licensure or renewal.
(2) An applicant must provide, to the department's state
				laboratory, documentation to support fulfillment of these requirements, which
				includes the following:
(a) certificates of
				insurance and bonding in accordance with ARM 42.39.417;
(b) business license;
(c) property owner permission form for
				laboratories, if applicable;
(d)
				department-issued employee badge;
(e) laboratory security/storage
				plan;
(f) quality manual;
(g) standard operating procedures;
(h) validation studies/data and
				results;
(i) proficiency
				data/results;
(j) scientific
				director professional resume, college transcripts/degrees from an accredited
				college or university;
(k)
				scientific director references; and
(l) Certificate of ISO/IEC 17025:2017
				accreditation and associated audit reports by an approved accreditation or
				credentialing body.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.6 - Testing Laboratories › Rule 42.39.604 - TESTING LABORATORY QUALITY ASSURANCE PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The testing laboratory shall develop and
				implement a quality assurance program to assure the reliability and validity of
				the analytical data produced by the testing laboratory. The quality assurance
				program shall, at a minimum, include a written quality assurance plan or manual
				that addresses the following:
(a) quality
				control procedures;
(b) testing
				laboratory organization and employee training and responsibilities, including
				good laboratory practice (GLP);
(c)
				quality assurance objectives for measurement data;
(d) traceability of data and analytical
				results;
(e) instrument
				maintenance, calibration procedures, and frequency;
(f) performance and system audits;
(g) corrective and preventative action
				procedures;
(h) steps to change
				processes when necessary;
(i)
				record retention and document control;
(j) laboratory test sample retention and
				disposal;
(k) test procedure
				standardization; and
(l) method
				validation.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.6 - Testing Laboratories › Rule 42.39.607 - TESTING LABORATORY REQUIRED PROFICIENCY TESTING

Current through Register Vol. 13, July 5, 2024
(1) For a testing laboratory to become
				endorsed to conduct quality assurance testing, the testing laboratory must, at
				its own expense, meet the proficiency testing requirements of this
				subchapter.
(2) A testing
				laboratory shall successfully participate in a proficiency testing program(s):
(a) at least every six months for each
				analyte/method in
				37.107.316 that the laboratory
				performs on marijuana or marijuana-infused products;
(b) that are matrix specific or controlled
				when available; and
(c) that are
				provided by an organization operating in conformance with the requirements of
				ISO/IEC 17043:2010.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.6 - Testing Laboratories › Rule 42.39.608 - TESTING LABORATORY SATISFACTORY AND UNSATISFACTORY PROFICIENCY TEST PERFORMANCE

Current through Register Vol. 13, July 5, 2024
(1) The testing
				laboratory shall be deemed to have "successfully" participated in a proficiency
				testing program for an analyte tested in a specific method if the test results
				demonstrate a "satisfactory," "passed," or otherwise proficient performance
				determination by the proficiency testing program provider.
(2) The testing laboratory shall be deemed to
				have "unsuccessfully" participated in a proficiency testing program for an
				analyte tested in a specific method if the test results demonstrate an
				"unsatisfactory," "unacceptable," "questionable," or "failed or otherwise
				deficient" performance determination by the proficiency testing program
				provider.
(3) If a testing
				laboratory is notified by a proficiency provider of an "unsuccessful" result
				for an analyte tested in a specific method, the testing laboratory may continue
				to report test results for the analyte(s) if all of the following conditions
				are met:
(a) the testing laboratory notifies
				the state laboratory of the "unsuccessful" proficiency result in writing within
				three business days of receiving the report from the proficiency
				provider;
(b) the testing
				laboratory has "successfully" participated in a proficiency program for the
				failed analyte(s) in the specific method in the previous six months;
(c) the testing laboratory submits to the
				state laboratory, for approval, a corrective and preventative action plan
				detailing how the testing laboratory will proceed to determine the cause of the
				failure within 10 business days of receiving the "unsuccessful" performance
				determination by the proficiency testing provider; and
(d) within 30 days of plan approval by the
				state laboratory, submit a corrective and preventative action final report
				describing the cause of the failure, the corrective action, and processes that
				will ensure the effectiveness of the corrective action.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.6 - Testing Laboratories › Rule 42.39.609 - TESTING LABORATORY QUALITY CONTROL

Current through Register Vol. 13, July 5, 2024
(1)
				The testing laboratory shall use quality control samples and adhere to good
				laboratory practices (GLP) in the performance of all quality assurance testing
				according to the following specifications:
(a)
				the testing laboratory shall analyze quality control samples in the same manner
				as the testing laboratory analyzes marijuana, marijuana concentrates and
				extracts, or marijuana-infused product laboratory test samples;
(b) the testing laboratory shall use at least
				one negative control and one positive control in each analytical batch for each
				target organism during microbial testing;
(c) if either of the controls produces
				unexpected results or fails, then the results for each sample in the analytical
				batch are invalid and the samples shall be re-prepped and reanalyzed with a new
				set of controls; and
(d) if the
				positive and negative controls produce the expected results then the laboratory
				test sample results in the analytical batch are valid and must be
				reported.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.6 - Testing Laboratories › Rule 42.39.610 - QUALITY ASSURANCE SAMPLING PROTOCOL

Current through Register Vol. 13, July 5, 2024
(1)
				Testing laboratories shall collect samples of marijuana items from licensees
				for the required quality assurance testing.
(2) Testing laboratories shall develop and
				implement a sampling protocol standard operating procedure that details at
				minimum:
(a) the testing laboratory's method
				for obtaining a random and representative sample for all matrices;
(b) sterile sampling technique for all
				matrices;
(c) testing laboratory
				sampler training;
(d) appropriate
				sampling equipment;
(e) appropriate
				sample transportation and storage;
(f) maintenance of sample custody and integrity; and
(g) sampling documentation and
				records.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.6 - Testing Laboratories › Rule 42.39.613 - TESTING LABORATORY FAILED LABORATORY TEST SAMPLES

Current through Register Vol. 13, July 5, 2024
(1) If the results of quality assurance
				testing for any analyte/method exceed the action levels defined in ARM
				37.107.316, then the laboratory
				test sample and related lot or test batch has "failed" quality assurance
				testing.
(2) When a testing
				laboratory performs quality assurance testing, the testing laboratory must
				verify that the following quality control criteria are within acceptable limits
				based upon the testing laboratory's method specific standard operating
				procedures, the testing laboratory quality assurance plan, and the
				manufacturer's instructions for use, if applicable:
(a) standard curves;
(b) coefficient of determination
				(r2);
(c) quality control samples:
(i) ICV, CCV, LCS, MB, REP, and MS;
(d) positive and negative
				controls; and
(e) cycle
				thresholds.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.6 - Testing Laboratories › Rule 42.39.614 - TESTING LABORATORY QUALITY ASSURANCE TESTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (10), a licensee
				must submit for testing a sample of every test batch from a harvest lot of
				marijuana and process lots of marijuana-infused products, extracts, and
				concentrates intended for use by a customer prior to selling or transferring
				the marijuana item to a customer.
(2) All marijuana items intended for direct
				sale or transfer to customers shall be tested in its final form. The addition
				of any ingredient after final quality assurance compliance testing will require
				retesting.
(3) The cannabinoid
				profile/potency for each sample must include:
(a) THCA;
(b) THC;
(c) Total THC;
(d) CBDA;
(e) CBD; and
(f) Total CBD.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.6 - Testing Laboratories › Rule 42.39.617 - SUSPENSION OF TESTING LABORATORIES

Current through Register Vol. 13, July 5, 2024
(1) The
				state laboratory may, after written notice to the testing laboratory, suspend
				the testing laboratory's license for a period of up to three months upon
				determining that a testing laboratory is providing inconsistent results in
				accordance with
				16-12-202, MCA.
(2) The state laboratory will determine
				whether a testing laboratory is providing inconsistent results through
				evaluation of the testing laboratory's raw data.
(3) A suspension of licensure under this rule
				is subject to a contested case hearing before the Department of Public Health
				and Human Services' Office of Administrative Hearings and shall be conducted
				pursuant to the following administrative procedures: ARM
				37.5.101,
				37.5.117,
				37.5.131,
				37.5.301,
				37.5.304,
				37.5.307,
				37.5.313,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334, and
				37.5.337.
(4) A testing laboratory may not conduct any
				testing or transporting of marijuana or marijuana products during a period of
				suspension. Operating during a period of suspension shall be considered a
				violation of the marijuana laws as defined in ARM 42.39.102 and could result in
				the Department of Revenue taking further disciplinary action.
AUTH:
					 16-12-202, MCA; IMP:
					 16-12-202,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.1 - ORGANIZATIONAL RULE › Subchapter 44.1.1 - N/A › Rule 44.1.101 - ORGANIZATIONAL RULE

Current through Register Vol. 13, July 5, 2024
(1) Organization of
				the Office of the Secretary of State.
(a)
				History. The Office of the Secretary of State of the state of Montana was
				created by the 1889 Constitution of the state of Montana, Article VII, Section
				1. The office was continued and currently exists under the 1972 Constitution of
				the state of Montana, Article VI, Section 1.
(b) The Office of the Secretary of State is
				part of the executive branch of the state government and is headed by an
				elected official, the Secretary of State. A variety of duties imposed on the
				Secretary of State by the state constitution and statute are discharged by the
				Secretary of State and appointed deputies under the direction of the Secretary
				of State with the administrative support of the divisions.
(c) Internal Structure. The internal
				structure of the office is administered by the Secretary of State through a
				chief deputy and five units:
(i)
				administrative rules;
(ii) business
				services;
(iii) elections and voter
				services;
(iv) official records
				and notary; and
(v)
				operations.
(d) Attached
				Agency. The Commissioner of Political Practices is attached to the Office of
				the Secretary of State under
				2-15-411,
				MCA, for administrative purposes only as specified in
				2-15-121,
				MCA, exclusive of (1)(b), (1)(c), (2)(a), (2)(b), (2)(d), (2)(e), and (3)(a).
(i) The Commissioner of Political Practices
				is appointed by the Governor for a six-year term, subject to confirmation by a
				majority of the Senate. A four-member selection committee comprised of the
				speaker of the House of Representatives, the president of the Senate, and the
				minority floor leaders of both houses of the Legislature submits a list of
				names of not fewer than two or not more than five individuals to the Governor
				for consideration for appointment.
(e) Attached Board. The Board of State
				Canvassers was transferred to the Office of the Secretary of State under the
				Executive Reorganization Act of 1971. The board is comprised of the State
				Auditor, the Superintendent of Public Instruction, and the Attorney General.
				The Secretary of State is the secretary of the board and furnishes clerical
				support to the board. The Board of State Canvassers has no rulemaking
				authority.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.2 - OVERALL OFFICE RULES › Subchapter 44.2.1 - Incorporation of Model Rules › Rule 44.2.101 - INCORPORATION OF MODEL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Secretary
				of State adopts and incorporates by reference ARM
				1.3.102 and
				1.3.205 through
				1.3.233 relating to citizens'
				participation, noticing and hearing procedures, and declaratory rulings. A copy
				of the model rules may be obtained from the Secretary of State, Montana State
				Capitol, Helena, Montana 59620.
2-4-201, MCA; IMP,
					 2-4-202,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.2 - OVERALL OFFICE RULES › Subchapter 44.2.2 - Access to Documents and Fees for Copies › Rule 44.2.201 - FEES FOR RECEIPT OF FACSIMILE FILING OF DOCUMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
30-9-403,
					 30-13-217,
					 30-13-311,
					 35-1-1201,
					 35-2-1001,
					 35-12-521, MCA; IMP,
					 30-9-403,
					 30-13-217,
					 30-13-311,
					 35-1-1201,
					 35-2-1001,
					 35-12-521,
					 71-3-125,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.2 - OVERALL OFFICE RULES › Subchapter 44.2.2 - Access to Documents and Fees for Copies › Rule 44.2.202 - FEES FOR FACSIMILE TRANSMISSIONS OF DOCUMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-15-405,
					 35-1-1307, MCA; IMP,
					 2-15-405,
					 35-1-1206,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.2 - OVERALL OFFICE RULES › Subchapter 44.2.2 - Access to Documents and Fees for Copies › Rule 44.2.203 - PRIORITY HANDLING OF DOCUMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
30-9A-526,
					 35-1-1307,
					 35-2-1107, MCA; IMP,
					 30-13-217,
					 35-2-1003,
					 35-12-521,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.2 - OVERALL OFFICE RULES › Subchapter 44.2.2 - Access to Documents and Fees for Copies › Rule 44.2.204 - ACCESS TO PUBLIC INFORMATION AND FEES FOR COPIES

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to Article II, section 9, of the
				Montana Constitution, and
				2-6-1003,
				MCA, government documents and public information may be examined and copies
				provided to the public, with a few exceptions where privacy and security
				concerns outweigh the public's right to know.
(a) This rule pertains to public information
				made available or copied pursuant to the public's right to know.
(b) Fees charged for other services provided
				by the Secretary of State's office are not affected by this rule, including but
				not limited to document and record services provided by the Business Services
				Division, Administrative Rules Services, Notarial Services, and Records and
				Information Management Services.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.2 - OVERALL OFFICE RULES › Subchapter 44.2.2 - Access to Documents and Fees for Copies › Rule 44.2.205 - RETURNED CHECK SERVICE FEES

Current through Register Vol. 13, July 5, 2024
(1) The following
				fees will be charged for insufficient funds checks, checks returned from the
				bank unpaid, and returned e-checks:
(a) first
				returned check $15.00
(b) each
				subsequent returned check by the same payer 25.00
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.2 - OVERALL OFFICE RULES › Subchapter 44.2.3 - Acceptance of Electronic Records and Electronic Signatures › Rule 44.2.301 - ACCEPTANCE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES

Current through Register Vol. 13, July 5, 2024
(1) Effective early
				in 2016, the business services division of the Secretary of State's office will
				begin accepting business filings electronically.
(2) Electronic signatures contained in the
				electronic records referenced in (1) must meet the definition set forth in
				30-18-102, MCA.
(3) Any documents not filed electronically
				with the business services division must be on paper or by facsimile and must
				be signed by the person executing the document.
(4) Electronic signatures, as defined in
				30-18-102, MCA shall be accepted
				by the business services division if they meet the following criteria. The
				electronic signature shall:
(a) be unique to
				the person using it;
(b) either
				have an electronic authentication process attached or must be logically
				associated with the document;
(c)
				be capable of verification so that the acceptor of the electronically signed
				document can verify that the document was electronically signed by the person;
(d) be under the sole control of
				the person using it; and
(e) be
				linked to the data in such a manner that if the data are changed, the digital
				signature is invalidated.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.2 - OVERALL OFFICE RULES › Subchapter 44.2.3 - Acceptance of Electronic Records and Electronic Signatures › Rule 44.2.302 - SECRETARY OF STATE'S STATEWIDE ELECTRONIC FILING SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				2-15-401
				and
				2-15-404,
				MCA, the Secretary of State has developed and implemented a statewide
				electronic filing system (system) to allow the online filing of business
				documents required to be filed with the Secretary of State.
(2) The system is hosted in a PCI (payment
				card industry) compliant data center and day-to-day operational and security
				management is the responsibility of a contracted vendor.
(3) The system is built to accept and store
				properly entered data, allow later search capability of the system, and provide
				standardized reporting.
(4) Users
				are required to set up an account to create or edit records maintained in the
				system , which identifies them for the purpose of authentication.
(5) Password complexity for online users is
				consistent with Department of Administration standards.
(6) State and federal law governing the
				filing of lien notices does not require signatures if the document is filed
				online.
(7) The system generates an
				image based on the information entered by the online user which contains a
				unique filing number and filing date/time and may be printed for the user's
				records.
(8) Users submitting a
				business filing that is returned by the Secretary of State have 90 days to
				resubmit the document or it will be removed from the electronic repository that
				holds documents during the working stage of the filing process.
AUTH:
					 2-15-401,
					 2-15-404,
					 MCA; IMP:
					 2-15-401,
					 2-15-404,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.101 - INTRODUCTION, SCOPE, AND INTENT

Current through Register Vol. 13, July 5, 2024
(1) The purpose
				of these rules is to establish minimum guidelines to be used in determining
				whether facilities used for voting in certain elections are accessible to
				electors with disabilities and elderly electors pursuant to the Americans With
				Disabilities Act, 42 U.S.C.
				12132, and the Voting Accessibility for the
				Elderly and Handicapped Act, 42 U.S.C. 1973 ee, et
				seq.
(2) It is the intent of the
				secretary of state's office that county governing bodies and election
				administrators work together and proceed in good faith to fully comply with the
				Americans With Disabilities Act.
(3) For the purpose of clarity and throughout
				these rules, the Voting Accessibility for the Elderly and Handicapped Act shall
				be referred to as the Voting Accessibility Act. The Americans With Disabilities
				Act will be referred to as the ADA.
(4) These rules shall only apply to federal
				elections conducted under
				13-1-104 and
				13-1-107, MCA.
13-1-202,
					 13-3-205, MCA; IMP,
					 13-1-202,
					 13-3-205,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.102 - ROLE OF SECRETARY OF STATE

Current through Register Vol. 13, July 5, 2024
(1) The
				Secretary of State is empowered under the Voting Accessibility Act,
				13-1-202, MCA, and these rules to:
(a) establish guidelines that define and
				determine accessibility at the polling place;
(b) prescribe the forms and materials
				necessary to ensure uniformity in the surveying of polling places;
(c) determine what constitutes an emergency
				that allows an exemption from accessibility status;
(d) grant exemptions to the requirement that
				a polling place shall be accessible to the elderly and individuals with
				disabilities;
(e) establish
				procedures to ensure that any individual with a disability or elderly voter
				assigned to an inaccessible polling place will be provided with an alternative
				means for casting a ballot on election day;
(f) provide public notice, calculated to
				reach individuals with disabilities or elderly electors in a timely manner, of
				the:
(i) availability of aids under the
				Voting Accessibility Act;
(ii)
				assistance under section 208 of the Voting Rights Act of 1965 (
				42 U.S.C.
				1973 aa-6); and
(iii) procedures for voting by absentee
				ballot; and
(g) report
				to the applicable federal agency, in a manner to be determined by the agency:
(i) the number of accessible polling places
				in the state;
(ii) the number of
				inaccessible polling places; and
(iii) the reasons for each instance of
				inaccessibility.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.103 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-3-202, MCA; IMP,
					 13-3-202,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.104 - GUIDELINES FOR POLLING PLACE ACCESSIBILITY

Current through Register Vol. 13, July 5, 2024
(1)
				Polling places approved on or after October 1, 2005, must comply with the
				accessibility standards in the Americans With Disabilities Act of 1990,
				42 U.S.C.
				12101, et seq. Completed forms prescribed by
				the Secretary of State pursuant to ARM
				44.3.102 are the method by which
				an election administrator must demonstrate the compliance of each polling place
				with this subchapter.
AUTH:
					 13-3-205, MCA; IMP:
					 13-3-205,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.105 - SURVEY PROCEDURE TO DETERMINE ACCESSIBILITY

Current through Register Vol. 13, July 5, 2024
(1)
				Unless specified otherwise, the election administrator shall conduct an on-site
				survey in each polling place 45 days prior to utilizing that facility, as
				provided in ARM
				44.3.109, to determine whether
				such facilities are in compliance with the criteria set forth in these
				rules.
(2) Election administrators
				should encourage county commissioners, election judges, members of the election
				administrator's staff, and a voting accessibility advisory committee to
				participate in the survey procedure.
(3) The survey shall be conducted in such a
				manner as to represent the actual path of travel an elector would take upon
				arrival at the polling place on election day.
(4) A form prescribed by the Secretary of
				State shall be used as a checklist for each polling place surveyed. Copies of
				the survey shall be made available for public inspection and to the Secretary
				of State upon request, except as provided in (5).
(5) If an existing polling place fails to
				satisfy the criteria for accessibility and cannot be permanently or temporarily
				altered in a safe and reasonable manner to satisfy the criteria before the date
				of the election, it will be designated "inaccessible" and shall not be used
				unless an exemption is granted by the Secretary of State in accordance with the
				provisions of ARM
				44.3.106.
(6) A copy of all survey forms for polling
				places shall be forwarded to the Secretary of State 45 days prior to the
				election for which the survey was conducted.
(7) A request for exemption form, as
				prescribed by the Secretary of State, and defined in ARM 44.3.106, shall be
				attached to the survey for those polling places designated as
				"inaccessible".
13-3-205, MCA; IMP,
					 13-3-206,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.106 - EXEMPTION PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) If an existing
				polling place has been surveyed and designated as "inaccessible," the election
				administrator shall make a reasonable effort to seek and survey for
				accessibility other potential sites with comparable utility as a polling
				place.
(2) If potential polling
				place facilities have been surveyed and no accessible facility is available and
				the facilities which are available cannot safely and reasonably be made
				temporarily accessible, the election administrator shall request in writing to
				the secretary of state that the existing polling place be exempt from the
				criteria set forth in these rules.
(3) A separate request for exemption shall be
				submitted for each polling place not in compliance. The request shall identify
				the polling place, how it is not in compliance, the efforts being made to bring
				it into compliance, and the efforts to locate an alternate site.
(4) Within 30 days following the receipt of a
				request for exemption, the secretary of state may grant a certification of
				exemption to the election administrator for that polling place. Such exemption,
				if granted, shall be valid for a period of three years from the date of
				issuance.
(5) The secretary of
				state may grant an exemption pursuant to this subchapter if all potential
				polling places have been surveyed and the election administrator has certified
				that:
(a) an accessible polling place is not
				available and the county or school district cannot safely or reasonably make a
				polling place temporarily accessible in the area involved; or
(b) the location is designated inaccessible
				because it is a rural polling place and designation of an accessible facility
				as a polling place will require excessive travel or impose other hardships for
				the majority of qualified electors in the polling place.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.107 - EMERGENCY EXEMPTION

Current through Register Vol. 13, July 5, 2024
(1) If a polling
				place designated "accessible" becomes unavailable for reasons such as loss of
				lease, fire, snow, or other natural disasters less than ten days prior to an
				election, an emergency exists and an alternate polling place shall be
				selected.
(2) The alternate polling
				place shall be considered temporary and shall be exempt from the procedures
				established by these rules, except for the provisions provided by ARM
				44.3.111 and
				44.3.112.
(3) The alternate polling place shall not be
				used in the next ensuing election unless it is subject to the procedures
				provided in ARM
				44.3.105 and
				44.3.106.
This rule is advisory only, but may be considered a correct
					 interpretation of the law.
					 13-3-205, MCA; IMP,
					 13-3-211,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.108 - POLLING PLACE DESIGNATION

Current through Register Vol. 13, July 5, 2024
(1) As the result
				of an on-site survey, or current voter registration reports, a polling place
				shall be designated as:
(a) "accessible";
				or
(b) "inaccessible".
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.109 - VOTING ACCESSIBILITY ADVISORY COMMITTEE

Current through Register Vol. 13, July 5, 2024
(1) An election administrator may establish
				one or more voting accessibility advisory committee(s) (V.A.A.C.).
(2) Each committee shall consist of a minimum
				of three members, two of which shall represent an organization of elderly
				persons or an organization of individuals with disabilities.
(3) The committee may assist in surveying
				polling places for compliance with accessibility guidelines.
(4) The election administrator shall provide
				the Secretary of State with a list of the members of each voting accessibility
				advisory committee, including addresses and telephone numbers.
(5) Each member of the committee may be
				compensated for the number of hours worked and reimbursed for actual travel
				expenses incurred while participating in the conduct of an on-site
				survey.
(6) The election
				administrator may pay each member the same compensation and certify amounts due
				in the same manner as for an election judge as provided by
				13-4-106(1),
				MCA.
This rule is advisory only, but may be considered a correct
					 interpretation of the law.
					 13-3-205, MCA; IMP,
					 13-3-205,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.110 - ALTERNATIVE MEANS FOR CASTING BALLOT

Current through Register Vol. 13, July 5, 2024
(1)
				The election administrator shall provide an alternative method of voting for
				those electors who are unable, because of disability, to access their regular
				polling place. Those methods are limited to the following:
(a) the practice, commonly referred to as
				"curbside voting," as provided by
				13-13-118,
				MCA;
(b) absentee balloting, as
				provided by
				13-13-222
				and
				13-13-246,
				MCA; and
(c) prearranged assignment
				to an accessible polling place within the county. An elector, prevented from
				voting at the elector's own polling place on election day because it has been
				exempt from meeting the accessibility criteria set forth in these rules, shall:
(i) notify the election administrator, in
				writing at least two business days preceding the election, of the elector's
				desire to vote on election day at an accessible polling place;
(ii) be assigned to the nearest accessible
				polling place for the purpose of voting in that election;
(iii) sign the elector's name on a special
				addendum to the official precinct register, as required by
				13-2-601,
				MCA; and
(iv) receive the same
				ballot to which the elector is otherwise entitled.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.111 - THE ELDERLY ELECTOR

Current through Register Vol. 13, July 5, 2024
(1) The Voting
				Accessibility Act defines "elderly" as 65 years of age or older.
(2) The following requirements are intended
				to benefit elderly electors and shall be implemented by the 1986 June primary
				election:
(a) Election administrators shall
				conspicuously display instructions for voting, printed in over-size type,
				preferably 18 point type, or larger, at each polling place for every election
				and instructions for registering at each permanent registration
				facility.
(b) Each polling place
				shall have a desk, table, or other surface no more than 36 inches in height,
				with room to accommodate a chair or a wheelchair to permit physically feeble or
				mobility-impaired electors to vote in a seated position. Adequate privacy shall
				be provided to ensure the seated elector the same degree of ballot secrecy
				enjoyed by other electors.
(c) In
				all polling places in which a stylus is used to mark voting device ballots, at
				least one stylus shall have a large, easily graspable handle. At least one pen
				or pencil in each polling place shall be over-sized and easily
				graspable.
(d) Extra seating shall
				be provided for elderly electors to rest while waiting their turn to vote.
				Election judges shall ensure that the seating is available for those for whom
				it is intended.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.112 - THE VISUALLY IMPAIRED

Current through Register Vol. 13, July 5, 2024
(1) Visually
				impaired persons can range from those with slight visual problems, not
				correctable by normal means, to the totally blind. In addition to the
				large-type printing requirements, as provided by ARM
				44.3.111(2)(a),
				requirements and suggestions for the visually impaired electors include the
				following:
(a) adequate lighting shall be
				provided in both the voting booth and the polling place;
(b) a magnifying glass may be provided in
				those polling places where the election administrator's common knowledge
				indicates a need; and
(c) a plastic
				or cardboard card with a space cut out for a signature may be provided as a
				guide for signing a precinct register.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.113 - TELECOMMUNICATIONS DEVICE FOR THE HEARING IMPAIRED

Current through Register Vol. 13, July 5, 2024
(1) Sixty days prior to each election, the
				Secretary of State shall install and advertise access to a toll-free
				telecommunications device for the deaf (TDD) for the purpose of providing:
(a) information on registration;
(b) voting aids available for the
				handicapped;
(c) assistance under
				section 208 of the Voting Rights Act of 1965; and
(d) procedures for voting by absentee
				ballot.