Montana Administrative Code

23.16.3203 PRIZES Prizes awarded to a winner of a fantasy sports league may be cash or merchandise or a combination of both. If a prize is merchandise, the purchase price paid for the merchandise is considered the value of the prize. Authorizing statute(s): 23-5-115, MCA Implemen…

23.16.3204 RECORD KEEPING REQUIREMENTS An organization or individual conducting a fantasy sports league shall retain the following records for one year after the league winners are determined: name and address of each individual who participated as a member in the league; total a…

23.16.3205 RESTRICTIONS A representative of each member of the fantasy sports league must be present to initially select team players and to trade or purchase interim players. Players for initial teams must be selected through a random drawing or competitive bidding process. An e…

23.16.3501 DEPARTMENT APPROVAL OF PROMOTIONAL GAMES OF CHANCE, DEVICES, OR ENTERPRISES The department may approve devices, machines, instruments, apparatuses, contrivances, schemes, activities, or enterprises used in, or associated with, promotional games of chance authorized by …

23.16.3502 CASHING PAYROLL CHECKS -- DEFINITION OF FINANCIAL INCENTIVES A licensee may not offer financial incentives or conduct promotional games of chance in connection with an offer to cash payroll checks on the premises. A "financial incentive," means any inducement involving…

23.16.3801 REVIEW OF CARNIVAL GAMES Carnival games that are intended to be operated at a fair or carnival may be submitted to the department for analysis with the purpose of determining if the games meet the requirements of 23-6-102, MCA. No games shall be authorized unless speci…

23.16.401 APPLICATION FOR CARD DEALER LICENSE Applications for card dealer licenses (Form 4) are available on the department's website ( www.dojmt.gov/gaming ), from a local Gambling Control Division office, or from a local Motor Vehicle Division office. An applicant for a card d…

23.16.402 CARD DEALER LICENSE A card dealer license issued by the department will contain the licensee's: photograph; first name, middle initial, and last name; and assigned license number and expiration date. Card dealer licenses expire according to the following schedule: card …

23.16.403 PROCESSING OF CARD DEALER LICENSE APPLICATION RENEWAL OR REPLACEMENT In every case in which application is made to the department for a dealer license, the department will, within 90 days: issue a dealer license to the applicant; or deny a dealer license to the applican…

23.16.406 TEMPORARY CARD DEALER LICENSE An applicant for a card dealer license may request a temporary card dealer license while the application is being processed. An applicant for a temporary card dealer license must first appear in person and present government issued identifi…

23.16.407 CONFISCATION OF TEMPORARY CARD DEALER LICENSE The department may confiscate a temporary card dealer license by issuing a temporary cease and desist order based on a finding of any of the following conditions: the holder of such license has been placed or remains in actu…

23.16.410 POSSESSION OF DEALER LICENSE (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-308, MCA History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 2007 MAR p. 848, Eff. 6/22/07; REP, 2019 MAR p. 302, Eff. 3/16/19.

23.16.411 DEALER LICENSE SPECIFIC TO THE PERSON NAMED THEREON (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-308, MCA History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; REP, 2019 MAR p. 302, Eff. 3/16/19.

23.16.501 DEFINITIONS (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-176, 23-5-177, MCA History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1991 MAR p. 1942, Eff. 10/18/91; REP, 1997 MAR p. 404, Eff. 2/25/97.

23.16.502 APPLICATION FOR OPERATOR LICENSE Except as provided in (2) and (3), all applicants shall submit the following information on Forms 5, 10, 40, or 43, and FD-258, which are incorporated by reference and availableat anyGambling Control Division office location,or on the di…

23.16.503 APPLICATION PROCESSING FEE When a gambling operator license is submitted, the applicant shall pay a deposit on the license application processing fee in an amount set forth in the application form. The applicant shall submit the deposit required under (1) in the form of…

23.16.504 INVESTIGATION OF APPLICANTS, ADDITIONAL INFORMATION MAY BE REQUIRED The department may require access to all of the applicant's financial records which pertain to the financing of the proposed operation, to evaluate statements and support documentation supplied with the…

23.16.505 PREMISES SHARING INTERNAL ENTRANCE Except as provided in 23-5-117 , MCA, the department may not approve a premises for issuance of an operator's license if the premises: shares a common internal wall with another premises for which an operator's license has been issued;…

23.16.506 PROVISIONAL OPERATOR LICENSE (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-176, 23-5-177, MCA History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; REP, 1991 MAR p. 1942, Eff. 10/18/91.

23.16.508 CHANGES IN MANAGERS, OFFICERS, AND DIRECTORS Except as provided in (2) andARM 23.16.510, any change in location managers, officers, or directors must be reported to the department within 30 days of the date of change. Any gambling operator holding an alcoholic beverage …

23.16.509 TEMPORARY GAMBLING AUTHORITY The department may grant an applicant for a gambling operator license the temporary authority to operate gambling when: the application and supporting documents, except Form FD-258 fingerprint cards, have been electronically submitted to the…

23.16.510 LOCATION MANAGERS A gambling operator shall designate at least one location manager, which designation shall initially be made on the license application. A licensed owner who does not personally provide onsite management of the premises shall designate a location manag…

23.17.401 REQUIREMENTS FOR PEACE OFFICERS AND PUBLIC SAFETY OFFICERS TO ATTEND BASIC PROGRAMS An applicant to attend MLEA basic programs must be employed by a law enforcement or public safety agency within the state of Montana as a public safety officer as defined in 44-4-401(2),…

23.17.403 BASIC COURSE ATTENDANCE REQUIREMENTS FOR PRESERVICE APPLICANTS Preservice applicants are persons not employed as full-time or part-time peace officers. Preservice applicants shall be selected to attend the Montana Law Enforcement Academy Law Enforcement Officer Basic Co…

23.17.404 MINIMUM QUALIFICATIONS FOR PRESERVICE TESTING AND PRETEST SCREENING Preservice applicants must meet the minimum qualifications for peace officers as stated in 7-32-303, MCA, with the following exceptions: applicants must be at least twenty years of age at the date of th…

23.17.405 PRESERVICE TESTING PROCEDURES The preservice applicant tests shall be administered by the academy and/or an approved designee, and shall be conducted whenever it is deemed necessary by the academy administrator or the academy administrator's designee. Applicants shall b…

23.17.406 PRESERVICE TEST SCREENING PROCEDURES Preservice test screening shall be conducted for those applicants who have successfully completed the testing procedures, who have been ranked according to the ranking procedures, and in accordance with the space available in the Law…

23.17.407 RANKING OF PRESERVICE APPLICANTS FOR ELIGIBILITY TO ATTEND THE BASIC COURSE Preservice applicants who pass the written tests shall be ranked according to the sum total of the scores achieved in the tests and this score shall be converted to a percentage of the total pos…

23.17.408 PROCEDURES FOR REGISTRATION, ATTENDANCE, AND FEES FOR PRESERVICE APPLICANTS In order of rank, preservice applicants will be given an opportunity to register for those Law Enforcement Officer Basic Course sessions that are scheduled by the academy. Applicants shall be co…

23.17.501 RULES OF CONDUCT FOR STUDENTS ATTENDING PROGRAMS UPON THE MONTANA LAW ENFORCEMENT ACADEMY CAMPUS Students must agree in writing to accept and act in accordance with the rules as stated in the Montana Law Enforcement Academy student agreement governing their conduct and …

23.17.611 STUDENT ACADEMIC PERFORMANCE REQUIREMENTS FOR MONTANA LAW ENFORCEMENT ACADEMY COURSES A student must achieve a final grade score of 75 percent of the total possible points that can be accumulated for all graded examinations, exercises, and assignments. A student must me…

23.17.612 OTHER STUDENT PERFORMANCE MEASURES Written and practical assignments will be scored. Student scores will be used in the following manner: the scores may be part of the final grade, and can be used to establish class ranking of the student; the scores achieved by a stude…

23.17.613 MONTANA LAW ENFORCEMENT ACADEMY FIREARMS PERFORMANCE REQUIREMENTS FOR THE LAW ENFORCEMENT OFFICER BASIC COURSE A student must achieve a passing score in the Montana Law Enforcement Academy firearms training course. The total accumulative points possible for the firearms…

23.17.614 PHYSICAL ABILITIES PERFORMANCE REQUIREMENTS FOR THE LAW ENFORCEMENT OFFICER BASIC COURSE All students will be required to perform and pass a physical abilities test prior to acceptance into the law enforcement officer basic course. A document detailing fitness requireme…

23.17.615 BASIC COURSE ACHIEVEMENT AWARDS Achievement awards will be presented by the academy administrator to students in each basic course class in the following categories: Academic--awarded to the student that successfully passes all phases of training and attains the highest…

23.18.101 DEFINITIONS (REPEALED) Authorizing statute(s): 50-4-612, MCA Implementing statute(s): 50-4-601 through 50-4-612, MCA History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.