Montana Administrative Code

23.14.530 REQUIREMENTS FOR THE DETENTION OFFICER COMMAND CERTIFICATE (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.531 REQUIREMENTS FOR THE DETENTION OFFICER ADMINISTRATIVE CERTIFICATE (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.555 MINIMUM QUALIFICATIONS FOR PROBATION AND PAROLE OFFICERS (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 46-23-1003, MCA History: NEW, 1993 MAR p. 1514, Eff. 7/16/93; TRANS, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.556 REQUIREMENTS FOR PROBATION AND PAROLE OFFICER BASIC CERTIFICATE (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 46-23-1003, MCA History: NEW, 1993 MAR p. 1514, Eff. 7/16/93; TRANS, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/…

23.14.570 MINIMUM QUALIFICATIONS FOR JUVENILE PROBATION OFFICERS AND RECORD KEEPING (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 41-5-705, MCA History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.571 REQUIREMENTS FOR THE JUVENILE PROBATION OFFICER BASIC CERTIFICATE (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 41-5-702, MCA History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.572 MINIMUM QUALIFICATIONS FOR COMMERCIAL VEHICLE INSPECTORS (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 7-32-303, 44-4-301, 44-4-302, MCA History: NEW, 2002 MAR p. 3601, Eff. 12/27/02; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.573 REQUIREMENTS FOR COMMERCIAL VEHICLE INSPECTOR BASIC CERTIFICATE (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 7-32-303, 44-4-301, 44-4-302, MCA History: NEW, 2002 MAR p. 3601, Eff. 12/27/02; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.609 GENERAL DEFINITIONS "Board" means the Board of Crime Control as provided for in 2-15-2306, MCA. "Regional plan" means the plan for providing youth detention services as required in 41-5-1903, MCA, submitted to the board from regions created under 41-5-1805, MCA. "Region…

23.14.610 REGIONAL PLANNING BOARDS Counties that establish regions by using the provisions of the Interlocal Cooperation Act, Title 7, chapter 11, part 1, MCA, may apply to the board for funding of detention services. A regional planning board must be a representative group from …

23.14.611 REGIONAL PLAN Regional plans are considered applications for financial assistance from the board. Regional plans prepared by regional planning boards must fully describe the information required in 41-5-1903, MCA. Regional plans must be submitted to the board annually f…

23.14.612 PLAN APPROVAL PROCESS The regional plan submitted by the regional planning board will be reviewed by the youth justice council. The youth justice council will recommend to the board whether the regional plan should be approved, modified, rejected, or terminated. Authori…

23.14.613 AMENDMENTS TO THE REGIONAL PLAN The regional plan submitted to and approved by the board will be effective for one fiscal year. Amendments to the plan are allowable. Modification of budget line items by ten percent or less may be approved by the regional planning board.…

23.14.614 REPORTS Counties participating in regional plans must submit regular and accurate reports to the board using the reporting system prescribed by the board. Failure by a county or counties to use or to accurately report using the reporting system prescribed by the board w…

23.14.615 REGIONAL DETENTION TASK FORCE The board may establish an advisory task force pursuant to board bylaws comprised of board members and the chairpersons of the regional planning boards. The task force will advise the board and the youth justice council regarding regional d…

23.14.616 REIMBURSEMENTS TO COUNTIES FOR TRIBAL USE OF DETENTION SERVICES The board may reimburse counties for detention costs of Indian youth placed in a regional youth detention facility or a county detention facility pursuant to an order of a tribal court and approved by the r…

23.14.801 DEFINITIONS (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1997 MAR p. 1036, Eff. 6/24/97; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.802 GROUNDS FOR SUSPENSION OR REVOCATION OF MONTANA PEACE OFFICERS' STANDARDS AND TRAINING CERTIFICATION (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/9…

23.14.803 PRELIMINARY PROCEDURE IN PROCEEDINGS FOR SUSPENSION OR REVOCATION OF CERTIFICATION (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.804 COMMENCEMENT OF FORMAL PROCEEDINGS FOR SUSPENSION OR REVOCATION OF CERTIFICATION (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/95; REP, 2008 MAR p. …

23.14.805 HEARING PROCEDURES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 44-4-301 MCA Implementing statute(s): Sec. 44-4-301 MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.

23.14.806 CONDUCT OF HEARINGS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 44-4-301 MCA Implementing statute(s): Sec. 44-4-301 MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.

23.14.807 DECISION AND ORDER (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/95; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.808 RECORD OF PROCEEDINGS (REPEALED) Authorizing statute(s): 44-4-301, MCA Implementing statute(s): 44-4-301, MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/95; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.14.809 APPEALS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 44-4-301 MCA Implementing statute(s): Sec. 44-4-301 MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.

23.14.810 APPLICABILITY OF THE RULES OF CIVIL PROCEDURE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 44-4-301 MCA Implementing statute(s): Sec. 44-4-301 MCA History: NEW, 1994 MAR p. 1449, Eff. 5/27/94; REP, 1995 MAR p. 2811, Eff. 12/22/95.

23.14.901 CORONER EDUCATION AND CONTINUED EDUCATION AND EXTENSION OF TIME LIMIT FOR CONTINUED CERTIFICATION (REPEALED) Authorizing statute(s): 7-4-2905, MCA Implementing statute(s): 7-4-2905, MCA History: NEW, 1996 MAR p. 271, Eff. 1/26/96; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.15.101 FUNCTION OF THE OFFICE OF VICTIMS SERVICES AND RESTORATIVE JUSTICE The office of victims services and restorative justice administers the Crime Victims Compensation Act, Title 53, chapter 9, part 1, MCA, through the crime victims unit. Authorizing statute(s): Sec. 53-9-…

23.15.102 GENERAL DEFINITIONS "Bodily injury" means a physical or mental trauma directly resulting from: a physical contact with the victim; or criminal acts of the offender which were directed toward the victim's person and the victim was aware of the actions at the time of such…

23.15.103 GOOD CAUSE EXTENSIONS TO CLAIM FILING AND REPORTING TO LAW ENFORCEMENT LIMITS Factors considered when determining whether "good cause" exists for extending the one-year time limit for filing a claim, or for extending the 72 hour deadline to report criminally injurious c…

23.15.104 INTERESTS OF JUSTICE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 53-9-104, MCA Implementing statute(s): Sec. 53-9-125, MCA History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; REP, 1994 MAR p. 1999, Eff. 7/22/94.

23.15.105 PROPORTIONATE REDUCTION IN CLAIMS PAID (REPEALED) Authorizing statute(s): 53-9-104, MCA Implementing statute(s): 53-9-108, MCA History: NEW, 2001 MAR p. 674, Eff. 4/27/01; REP, 2008 MAR p. 1588, Eff. 8/1/08.

23.15.201 CLAIM AND INITIAL DETERMINATION To initiate a claim, a claimant must complete either the form provided by the unit or a form which substantially conforms to the unit's form. The unit may provide claimant with the unit's form and require its completion prior to processin…

23.15.202 REQUEST FOR HEARING The claimant has the right to request an informal hearing within 30 days of any written determination regarding compensability of a claim. The unit may request an informal hearing on its own initiative. The right to proceed further is waived unless t…

23.15.203 HEARING The office administrator will refer the claim to a hearing examiner. The hearing examiner will issue notice of the time and place for the hearing, and the issues to be resolved at the hearing. The hearing is not a contested case hearing under the Montana Adminis…

23.15.204 NOTIFICATION OF DISPOSITION The unit will notify the appropriate law enforcement agencies and prosecuting attorneys for the disposition of the claim if restitution is ordered by a court. Upon request, the unit will provide a copy of the determination or order and any ne…

23.15.205 RECONSIDERATION OF CLAIMS UNDER 53-9-130 , MCA The office may reconsider a claim at the request of the claimant when no informal hearing under 53-9-122 , MCA, was held, and when the time for requesting such hearing has expired. A claimant may request a reconsideration o…

23.15.301 ATTORNEY FEES The time, effort, involvement, and complexity of a claim are considered in determining whether or not attorney fees will be granted for attorneys representing claimants before the unit or office. Fees will not be awarded for filling out and mailing a claim…

23.15.302 PAYMENT OF CLAIMS Wage compensation is paid directly to the claimant every 14 days unless otherwise directed by the unit or unless there is an assignment for medical expenses, maintenance, or child support. The first payment is processed to coincide with the biweekly pa…

23.15.303 EMPLOYMENT INFORMATION Employers of victims may, upon request of the unit or the claimant, submit verifications of employment and salary, detailing loss of wages and benefit entitlements from the employers. Self-employed persons may receive wage loss benefits. The amoun…

23.15.304 MEDICAL INFORMATION Physicians who have rendered medical services to a victim may submit to the unit the physician's first report and bill for initial treatment or any other appropriate report which details information regarding injuries, treatment, costs, and the physi…

23.15.305 CHIROPRACTIC SERVICES The rules governing physicians apply to chiropractors. Treatment by a licensed chiropractor is permitted without specific prior approval for a period not to exceed 30 days, provided the patient is not under the care of another physician. No payment…