Montana Administrative Code

23.13.105 COMMITTEES OF THE POST COUNCIL (1) The following are committees of the POST Council: (a) 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…

23.13.202 REQUIREMENTS FOR PUBLIC SAFETY OFFICERS HIRED BEFORE THE EFFECTIVE DATE OF THIS REGULATION (REPEALED) Authorizing statute(s): 2-15-2029, MCA Implementing statute(s): 2-15-2029, MCA History: NEW, 2008 MAR p. 1587, Eff. 8/1/08; REP, 2014 MAR p. 2951, Eff.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

23.13.205 GENERAL REQUIREMENTS FOR CERTIFICATION (1) 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. (2) Publi…

23.13.206 REQUIREMENTS FOR THE BASIC CERTIFICATE (1) POST will issue basic certificates in the following disciplines: (a) peace officer; (b) detention/corrections officer; (c) probation and parole officer; (d) misdemeanor probation/pretrial services officer; (e) public safety com…

23.13.207 REQUIREMENTS FOR THE PUBLIC SAFETY OFFICER INTERMEDIATE CERTIFICATE (1) POST will issue intermediate certificates in the following disciplines: (a) peace officer; (b) detention/corrections officer; (c) probation and parole officer; (d) misdemeanor probation/pretrial ser…

23.13.208 REQUIREMENTS FOR PUBLIC SAFETY OFFICER ADVANCED CERTIFICATE (1) POST will issue advanced certificates in the following disciplines: (a) peace officer; (b) detention/corrections officer; (c) probation and parole officer; (d) misdemeanor probation/pretrial services office…

23.13.209 REQUIREMENTS FOR PUBLIC SAFETY OFFICER SUPERVISORY CERTIFICATE (1) POST will issue supervisory certificates in the following disciplines: (a) peace officer; (b) detention/corrections officer; (c) probation and parole officer; (d) misdemeanor probation/pretrial services …

23.13.210 REQUIREMENTS FOR PUBLIC SAFETY OFFICER COMMAND CERTIFICATE (1) POST will issue command certificates in the following disciplines: (a) peace officer; (b) detention/corrections officer; (c) probation and parole officer; (d) misdemeanor probation/pretrial services officer;…

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 (1) 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. (2) A public safety officer providing POST-approved train…

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 (1) Except as provided in (3), POST will automatically issue basic certificates to public safety officers who meet the minimum requirements outlined in these rules. (2) Officers who believe they are eligible for an intermediate…

23.13.301 QUALIFICATIONS FOR APPROVAL OF PUBLIC SAFETY OFFICER TRAINING COURSES (1) 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 decisi…

23.13.302 REQUIREMENTS FOR TRAINEE ATTENDANCE AND PERFORMANCE IN POST-APPROVED COURSES (1) Trainees enrolled in any POST-approved course must meet all the requirements in this rule in order to obtain POST credit hours. (2) No trainee may receive credits for a training course if a…

23.13.304 THE BASIC COURSES (1) The amount of training hours required in any basic public safety officer's course must be approved by the council. (2) Students in any basic public safety officers' course are required to complete instruction in the prescribed subject areas as dire…

23.13.305 PROCESS FOR OBTAINING POST APPROVAL FOR PUBLIC SAFETY OFFICER TRAINING COURSES (1) POST may provide approval for POST credit hours for training that is instructed by a POST-certified instructor, or which is being hosted by a governmental agency with a Montana location. …

23.13.306 PROCESS FOR OBTAINING POST TRAINING CREDIT HOURS FOR INDIVIDUAL PUBLIC SAFETY OFFICERS (1) POST may provide POST training credit hours to individual public safety officers who submit an application after attending a training which was not approved. (2) To receive POST t…

23.13.601 CORONER EDUCATION AND CONTINUED EDUCATION AND EXTENSION OF TIME LIMIT FOR CONTINUED CERTIFICATION (1) Coroner education shall be conducted as prescribed in 7-4-2905, MCA. (2) New coroners and deputy coroners shall, within one year of appointment as a coroner or deputy c…

23.13.702 GROUNDS FOR DENIAL, SANCTION, SUSPENSION, OR REVOCATION OF POST CERTIFICATION (1) Any legitimate allegation made against any public safety officer that may result in the denial, sanction, revocation, or suspension of that officer's certification must be considered by ei…

23.13.703 PROCEDURE FOR MAKING AND RECEIVING ALLEGATIONS OF OFFICER MISCONDUCT AND FOR INFORMAL RESOLUTION OF THOSE ALLEGATIONS BY THE DIRECTOR (1) The POST Council will create, maintain, and adopt in public meetings a policy and procedure for processing and responding to allegat…

23.13.704 REQUESTS FOR A FORMAL CONTESTED CASE HEARING UNDER MAPA (1) If the director, upon a majority vote of the Case Status Committee, denies, sanctions, suspends, or revokes an officer's POST certification pursuant to ARM 23.13.703 and the officer receives a notice of agency …

23.13.705 FORMAL MAPA CONTESTED CASE PROCEEDINGS (1) A contested case involves a determination by POST that affects the rights or responsibilities of the petitioner or respondent. (2) Contested case proceedings may be commenced only after the requirements of ARM 23.13.704 have be…

23.13.706 CONTESTED CASES, EMERGENCY SUSPENSION OF A LICENSE (1) Pursuant to 2-4-631(3), MCA, if the director or the council determines that public health, safety, or welfare requires emergency action, the director or council may immediately suspend a certification. The order mus…

23.13.707 ADOPTION OF ATTORNEY GENERAL'S MODEL RULES (1) The POST Council adopts and incorporates by reference the Attorney General Model Rules ARM 1.3.216, 1.3.226, 1.3.227, 1.3.228, 1.3.229, 1.3.230, and 1.3.232 in effect. The model rules incorporated by reference can be found …

23.13.709 CONTESTED CASES, DISCOVERY (1) In all contested cases, discovery is available to the parties in accordance with Rules 26 through 37 of the Montana Rules of Civil Procedure. All references to "court" will be considered references to the hearing examiner or POST Council; …

23.13.711 CONTESTED CASES, RECORD (1) The hearing examiner in the contested case proceeding is responsible for maintaining the official record of the contested case until its conclusion. The record must include: (a) all pleadings, motions, and rulings; (b) all evidence, either wr…

23.13.713 CONTESTED CASES – HEARING EXAMINERS (1) The POST Council chair, the director, or the director's designee may appoint a hearing examiner to conduct a hearing in a contested case, as allowed by 2-4-611, MCA. (2) A hearing examiner appointed under 2-4-611, MCA and this rul…

23.13.714 CONTESTED CASE HEARING (1) The contested case hearing will be conducted before the POST Council or a hearing examiner, at the council's discretion. (2) The hearing will be held in Helena, Montana, unless the director determines that another venue is more appropriate. (3…

23.13.715 CONTESTED CASES, EVIDENCE (1) All evidence introduced in a contested case hearing will be received and evaluated in conformance with common law and statutory rules of evidence, including the Montana Rules of Evidence. Authorizing statute(s): 2-4-201, 2-15-2029, MCA Impl…

23.13.716 CONTESTED CASES, EX PARTE COMMUNICATIONS (1) Except as provided in (4), pursuant to 2-4-613, MCA, ex parte communication by a party or a party's agent with the hearing examiner, the council, any individual member of the council, or any person authorized to participate i…

23.13.719 DECISION AND ORDER, STAYS (1) After completing a contested case proceeding, the hearing examiner shall, within 45 days of the hearing, or completion of post-hearing briefing, issue findings of fact and conclusions of law that would, if adopted by the council, meet the r…

23.13.720 CONTESTED CASES, SETTLEMENT OR STIPULATION AND PROCESS FOR REVIEW BY THE POST COUNCIL (1) If, in the course of the MAPA contested case proceeding, the parties reach a stipulated agreement or settlement, the parties must: (a) put the agreement into writing, signed by the…

23.13.721 APPEALS (1) The final POST Council decision rendered after a contested case proceeding is the final agency decision subject to judicial review pursuant to 2-4-702 and 44-4-403, MCA. Authorizing statute(s): 2-15-2029, MCA Implementing statute(s): 2-4-201, 2-15-2029, 44-4…

23.13.801 MINIMUM STANDARDS FOR THE APPOINTMENT AND CONTINUED EMPLOYMENT OF PUBLIC SAFETY OFFICERS (1) All public safety officers must be certified by POST and meet the applicable appointment, employment, education, and certification standards as prescribed by the Montana Code An…

23.13.803 CODE OF ETHICS (1) All public safety officers who have been appointed by any appointing authority in Montana, or who have been certified by POST, or who have attended a POST-approved basic class must abide by the code of ethics contained herein. (2) All public safety of…