Montana Administrative Code

23.12.803 REQUIREMENTS FOR CERTIFICATION An eligible retail establishment will be certified by the department after it completes the certification requirements set forth in this subchapter. To be eligible for certification, a retail establishment must: submit a record keeping pla…

23.12.804 RECORD KEEPING REQUIREMENTS Certified retail establishments selling products containing ephedrine or pseudoephedrine must keep records of the following: an inventory of products containing ephedrine or pseudoephedrine purchased by the retailer. The inventory must includ…

23.12.805 TRAINING REQUIREMENTS Certified retail establishments shall have received training by the department or local law enforcement that covers the record keeping requirements for retail establishments, including but not limited to a record keeping system that tracks customer…

23.12.806 AUDIT COMPLIANCE The department has the authority to audit the premises and records of a certified retail establishment for compliance with the Montana Code Annotated and administrative rules governing the sale of products containing ephedrine and pseudoephedrine. Autho…

23.12.807 FAILURE TO COMPLY A retail establishment's failure to comply with the Montana Code Annotated or administrative rules governing the sale of products containing ephedrine and pseudoephedrine may result in a warning or in decertification. A notice of warning or decertifica…

23.12.901 DEFINITIONS Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule. "Administered kit" means a sexual assault evidence kit that has been used to collect forensic evidence from an individual. "Authoriz…

23.12.902 REQUIREMENT TO DESIGNATE AUTHORIZED USERS A stakeholder shall designate at least two authorized users within the healthcare facility, law enforcement agency, or crime laboratory to register for and maintain a sexual assault kit tracking system account. Authorizing statu…

23.12.903 PROCEDURE FOR HEALTHCARE FACILITIES TO USE THE SEXUAL ASSAULT KIT TRACKING SYSTEM Within 72 hours of receiving a kit from DOJ Victim Services, a healthcare facility shall update the status of the kit in the tracking system. Within 24 hours of administering a kit, a heal…

23.12.904 PROCEDURE FOR LAW ENFORCEMENT AGENCIES TO USE THE SEXUAL ASSAULT KIT TRACKING SYSTEM Within 72 hours of receiving a kit from a healthcare facility or DOJ Victim Services, a law enforcement agency shall update the kit's status in the tracking system. Within 72 hours of r…

23.12.905 PROCEDURE FOR CRIME LABORATORIES TO USE THE SEXUAL ASSAULT KIT TRACKING SYSTEM Within 72 hours of receiving a kit from a law enforcement agency, a crime laboratory shall update a kit's status in the tracking system. A crime laboratory shall update a kit's status in the …

23.12.906 NOTICE OF VIOLATION A written notice of violation shall contain: the date of the notice; contact information for the stakeholder; contact information for the department; a summary of the complaint made by the department, including: the specific provisions of the statute…

23.13.101 ORGANIZATION AND GENERAL PROVISIONS, PUBLIC INSPECTION OF ORDERS AND DECISIONS The organization and function of the Public Safety Officer Standards and Training Council ("POST" or "POST Council") are described in ARM 23.1.101. POST will maintain an index of all final or…

23.13.102 DEFINITIONS As used in this chapter, the following definitions apply: "Allegation" means: a statement or accusation of misconduct made against a public safety officer to POST staff or the council by anyone; a statement or accusation of misconduct against a public safety…

23.13.103 RECORD OF ALL POST COUNCIL MEETINGS As required by Title 2, chapter 6, MCA, POST will maintain records of all meetings and make those records available for public inspection. The record consists of an audio recording, transcript,or minutes of the proceedings.POST will m…

23.13.104 NOTICE TO THE PUBLIC OF POST COUNCIL ACTIONS OF SIGNIFICANT INTEREST TO THE PUBLIC In accordance with 2-3-102 through 2-3-114, MCA, prior to making a final decision that is of significant interest to the public, POST will afford reasonable opportunity for public partici…

23.13.105 COMMITTEES OF THE POST COUNCIL The following are committees of the POST Council: The Administrative Rules of Montana Committee, or ARM Committee, consists of five voting members of the POST Council.The ARM Committee's purpose is to review and analyze POST rules and reco…

23.13.202 REQUIREMENTS FOR PUBLIC SAFETY OFFICERS HIRED BEFORE THE EFFECTIVE DATE OF THIS REGULATION (REPEALED) Authorizing statute(s): 2-15-2029, MCA Implementing statute(s): 2-15-2029, MCA History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; REP, 2014 MAR p. 2951, Eff. 12/12/14.

23.13.204 PURPOSE OF CERTIFICATES Basic, intermediate, advanced, supervisory, command, and other certificates are established and awarded by the council to increase the professionalism and skill of public safety officers and to promoteethical behavior,education, and experience ne…

23.13.205 GENERAL REQUIREMENTS FOR CERTIFICATION To be eligible for the award of a certificate, each officer must be a full-time or part-time public safety officer as defined by 44-4-401, MCA, at the time the application for certification is received by the council. Public safety…

23.13.206 REQUIREMENTS FOR THE BASIC CERTIFICATE POST will issue basic certificates in the following disciplines: peace officer; detention/corrections officer; probation and parole officer; misdemeanor probation/pretrial services officer; public safety communications officer; cor…

23.13.207 REQUIREMENTS FOR THE PUBLIC SAFETY OFFICER INTERMEDIATE CERTIFICATE POST will issue intermediate certificates in the following disciplines: peace officer; detention/corrections officer; probation and parole officer; misdemeanor probation/pretrial services officer; and p…

23.13.208 REQUIREMENTS FOR PUBLIC SAFETY OFFICER ADVANCED CERTIFICATE POST will issue advanced certificates in the following disciplines: peace officer; detention/corrections officer; probation and parole officer; misdemeanor probation/pretrial services officer; and public safety…

23.13.209 REQUIREMENTS FOR PUBLIC SAFETY OFFICER SUPERVISORY CERTIFICATE POST will issue supervisory certificates in the following disciplines: peace officer; detention/corrections officer; probation and parole officer; misdemeanor probation/pretrial services officer; and public …

23.13.210 REQUIREMENTS FOR PUBLIC SAFETY OFFICER COMMAND CERTIFICATE POST will issue command certificates in the following disciplines: peace officer; detention/corrections officer; probation and parole officer; misdemeanor probation/pretrial services officer; and public safety c…

23.13.211 REQUIREMENTS FOR PUBLIC SAFETY OFFICER ADMINISTRATIVE CERTIFICATE (REPEALED) Authorizing statute(s): 2-15-2029, MCA Implementing statute(s): 2-15-2029, 44-4-403, MCA History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953…

23.13.212 INSTRUCTOR CERTIFICATION REQUIREMENTS Instructor certificates are not discipline-specific and POST may issue an instructor certificate to any public safety officer who meets the qualifications in these rules. A public safety officer providing POST-approved training as d…

23.13.213 REQUIREMENTS FOR DESIGNATED INCIDENT COMMAND CERTIFICATION (REPEALED) Authorizing statute(s): 2-15-2029, MCA Implementing statute(s): 2-15-2029, 44-4-403, MCA History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, from 23.13.501, 2014 MAR p. 2951, Eff. 12/12/14; REP,…

23.13.218 PROCEDURE FOR OBTAINING POST CERTIFICATION Except as provided in (3), POST will automatically issue basic certificates to public safety officers who meet the minimum requirements outlined in these rules. Officers who believe they are eligible for an intermediate, advanc…

23.13.301 QUALIFICATIONS FOR APPROVAL OF PUBLIC SAFETY OFFICER TRAINING COURSES The director or the director's designee may approve any request for POST training credit. Any person aggrieved by a determination made by the director under this rule may seek review of the decision b…

23.13.302 REQUIREMENTS FOR TRAINEE ATTENDANCE AND PERFORMANCE IN POST-APPROVED COURSES Trainees enrolled in any POST-approved course must meet all the requirements in this rule in order to obtain POST credit hours. No trainee may receive credits for a training course if absences …

23.13.304 THE BASIC COURSES The amount of traininghours requiredin any basic public safety officer's course must be approved by the council. Students in any basic public safety officers' course are required to complete instruction in the prescribed subject areas as directed by th…

23.13.305 PROCESS FOR OBTAINING POST APPROVAL FOR PUBLIC SAFETY OFFICER TRAINING COURSES POST may provide approval for POST credit hours for training that is instructed by a POST-certified instructor, or which is being hosted by a governmental agency with a Montana location. A PO…

23.13.306 PROCESS FOR OBTAINING POST TRAINING CREDIT HOURS FOR INDIVIDUAL PUBLIC SAFETY OFFICERS POST may provide POST training credit hours to individual public safety officers who submit an application after attending a training which was not approved. To receive POST training …

23.13.601 CORONER EDUCATION AND CONTINUED EDUCATION AND EXTENSION OF TIME LIMIT FOR CONTINUED CERTIFICATION Coroner education shall be conducted as prescribed in 7-4-2905, MCA. New coroners and deputy coroners shall, within one year of appointment as a coroner or deputy coroner, …

23.13.702 GROUNDS FOR DENIAL, SANCTION, SUSPENSION, OR REVOCATION OF POST CERTIFICATION Any legitimate allegation made against any public safety officer that may result in the denial, sanction, revocation, or suspension of that officer's certification must be considered by either…

23.13.703 PROCEDURE FOR MAKING AND RECEIVING ALLEGATIONS OF OFFICER MISCONDUCT AND FOR INFORMAL RESOLUTION OF THOSE ALLEGATIONS BY THE DIRECTOR The POST Council will create, maintain, and adopt in public meetings a policy and procedure for processing and responding to allegations…

23.13.704 REQUESTS FOR A FORMAL CONTESTED CASE HEARING UNDER MAPA If the director, upon a majority vote of the Case Status Committee,denies, sanctions, suspends, or revokes an officer's POST certification pursuant to ARM 23.13.703 and the officer receives a notice of agency actio…

23.13.705 FORMAL MAPA CONTESTED CASE PROCEEDINGS A contested case involves a determination by POST that affects the rights or responsibilities of the petitioner or respondent. Contested case proceedings may be commenced only after the requirements of ARM 23.13.704 have been met a…

23.13.706 CONTESTED CASES, EMERGENCY SUSPENSION OF A LICENSE Pursuant to 2-4-631(3), MCA, if the director or the council determines that public health, safety, or welfare requires emergency action, the director or council may immediately suspend a certification. The order must in…

23.13.707 ADOPTION OF ATTORNEY GENERAL'S MODEL RULES The POST Council adopts and incorporates by reference the Attorney General Model Rules ARM 1.3.216, 1.3.226, 1.3.227, 1.3.228, 1.3.229, 1.3.230, and 1.3.232 in effect. The model rules incorporated by reference can be found on t…

23.13.709 CONTESTED CASES, DISCOVERY In all contested cases, discovery is available to the parties in accordance with Rules 26 through 37 of the Montana Rules of Civil Procedure. All references to "court" will be considered references to the hearing examiner or POST Council; all …