Montana Administrative Code

23.13.711 CONTESTED CASES, RECORD 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: all pleadings, motions, and rulings; all evidence, either written or ora…

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

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

23.13.715 CONTESTED CASES, EVIDENCE 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 Implemen…

23.13.716 CONTESTED CASES, EX PARTE COMMUNICATIONS 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 in th…

23.13.719 DECISION AND ORDER, STAYS After completing a contested case proceeding, the hearing examiner shall, within45 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 requir…

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

23.13.721 APPEALS 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, 44-4-403…

23.13.801 MINIMUM STANDARDS FOR THE APPOINTMENT AND CONTINUED EMPLOYMENT OF PUBLIC SAFETY OFFICERS 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 Annota…

23.13.803 CODE OF ETHICS All public safety officers who have beenappointed 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. All public safety officers hi…

23.13.804 APPOINTMENT AND TRAINING OF RESERVE OFFICERS An agency that appoints a reserve officer pursuant to 7-32-213, MCA, must submit a completed notice of appointmentform to the director within ten days of appointing the reserve officer. Within ten days of a reserve officer's …

23.13.805 FIREARMS PROFICIENCY STANDARDS FOR APPOINTMENT AND CONTINUED SERVICE Each agency that appoints a public safety officer who is authorized to carry firearms during the work assignment must: require the officer to complete successfully the firearms proficiency requirements…

23.13.806 PUBLIC SAFETY OFFICER APPOINTMENT, EDUCATION, AND CERTIFICATION STANDARDS Except as provided in (2), the basic and basic equivalency training standardsset forth in 7-32-303, MCA, are applicable to all public safety officers, where an appropriate basic course or basic eq…

23.13.807 REQUIREMENTS FOR SWAT PRIMARY COURSE CREDIT To receive POST approval for a SWAT primary course, a course must meet the following requirements: the course must be a minimum of 40 hours in length and be approved pursuant to ARM 23.13.301 and 23.13.304 and must contain a m…

23.14.1010 DEFINITIONS (REPEALED) Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1001, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1001, 2023 …

23.14.1011 PURPOSE (REPEALED) Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1002, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1002, 2023 MAR …

23.14.1012 APPEAL REVIEW COMMITTEE (REPEALED) Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1003, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24…

23.14.1013 RIGHT TO APPEAL (REPEALED) Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1004, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1004, 2…

23.14.1014 RECORD OF PROCEEDINGS (REPEALED) Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1005, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1…

23.14.1015 NOTICE OF REVIEW (REPEALED) Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1006, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.1006, …

23.14.1016 COMMITTEE REVIEW PROCEDURE (REPEALED) Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1007, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20…

23.14.1017 RECOMMENDATION OF THE APPEAL REVIEW COMMITTEE (REPEALED) Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; AMD, 2012 MAR p. 615, Eff. 3/23/12; TRANS, from ARM 23.14.…

23.14.1018 BOARD FINAL DECISION (REPEALED) Authorizing statute(s): 44-4-301(2), 44-4-403(3), MCA Implementing statute(s): 44-4-301(2), 44-4-403(3), MCA History: NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1009, 2018 MAR p. 1113, Eff. 6/9/18; TRANS, from ARM 20.24.10…

23.14.102 BOARD OF CRIME CONTROL FUNCTIONS The board is comprised of members engaged in, affiliated with, or related to law enforcement, public safety and criminal justice in the state of Montana. The board functions through an executive director and staff who are responsible for…

23.14.204 REQUEST TO REVIEW (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; REP, 2012 MAR p. 615, Eff. 3/23/12.

23.14.205 HEARING (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; REP, 2012 MAR p. 615, Eff. 3/23/12.

23.14.206 FINAL DETERMINATION (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: Eff. 12/31/72; AMD, 1992 MAR p. 567, Eff. 3/27/92; REP, 2012 MAR p. 615, Eff. 3/23/12.

23.14.207 EXECUTIVE APPEAL (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: Eff. 12/31/72; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.208 INCORPORATION OF MODEL RULES The board adopts the model procedural rules ARM 1.3.201 through 1.3.313 and incorporates herein those rules by reference. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: Eff. 12/31/72; AMD, Eff. 5/1/75; AM…

23.14.209 MAINTENANCE OF POLICY AND PROCEDURE MANUAL FOR INTERNAL MANAGEMENT The policies and procedures which are adopted by the board for its internal management and which do not affect private rights shall be maintained in a "policy and procedure manual" which shall be availab…

23.14.210 APPLICATIONS FOR FINANCIAL ASSISTANCE The subgrant requests or applications for financial assistance are not "contested cases" within the meaning of 2-4-101, MCA, and accordingly are not subject to the provisions of the Montana Administrative Procedure Act. Authorizing …