Montana Administrative Code

23.18.102 APPLICATION PROCEDURE (REPEALED) Authorizing statute(s): 50-4-612, MCA Implementing statute(s): 50-4-603, 50-4-612, MCA History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

23.18.103 PROCEDURE FOR REVIEW OF APPLICATIONS (REPEALED) Authorizing statute(s): 50-4-612, MCA Implementing statute(s): 50-4-603, MCA History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

23.18.104 STANDARDS FOR CERTIFICATION (REPEALED) Authorizing statute(s): 50-4-612, MCA Implementing statute(s): 50-4-603, MCA History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

23.18.105 RECONSIDERATION (REPEALED) Authorizing statute(s): 50-4-612, MCA Implementing statute(s): 50-4-604, 50-4-612, MCA History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

23.18.106 ACTIVE SUPERVISION OF APPROVED TRANSACTIONS (REPEALED) Authorizing statute(s): 50-4-612, MCA Implementing statute(s): 50-4-612, 50-4-622, MCA History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

23.18.107 REVOCATION OF CERTIFICATES (REPEALED) Authorizing statute(s): 50-4-612, MCA Implementing statute(s): 50-4-609, 50-4-612, MCA History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

23.18.108 FEES (REPEALED) Authorizing statute(s): 50-4-623, MCA Implementing statute(s): 50-4-612, 50-4-623, MCA History: NEW, 1995 MAR p. 1938, Eff. 9/29/95; REP, 2021 MAR p. 758, Eff. 6/26/21.

23.18.201 QUARTERLY CERTIFICATIONS AND ESCROW DEPOSITS To promote compliance with 16-11-403 , MCA, the attorney general may require nonparticipating manufacturers to certify quarterly their compliance with the Montana Tobacco Product Reserve Fund Act and An Act Enhancing Enforcem…

23.18.202 DEADLINE FOR QUARTERLY ESCROW DEPOSITS Nonparticipating manufacturers who are required to make quarterly escrow deposits must do so no later than 30 days after the end of the quarter in which the sales are made. For example, the deadline for making a quarterly escrow de…

23.18.203 DEADLINE FOR SUBMITTING QUARTERLY CERTIFICATION AND NOTIFYING ATTORNEY GENERAL OF QUARTERLY ESCROW DEPOSIT Nonparticipating manufacturers who are required to make quarterly escrow deposits must provide the attorney general with official notification of the quarterly esc…

23.18.204 QUARTERLY PERIODS DEFINED For purposes of this subchapter, the calendar year shall be divided into the following quarters: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31. Authorizing statute(s): 16-11-…

23.18.205 UNTIMELY OR INCOMPLETE QUARTERLY CERTIFICATION OR QUARTERLY ESCROW DEPOSIT The attorney general may remove the delinquent nonparticipating manufacturer and its brand families from the directory required by 16-11-504 , MCA, if: the required quarterly escrow deposit is no…

23.18.206 BURDEN OF ESTABLISHING ENTITLEMENT TO BE LISTED IN THE DIRECTORY The burden of proof is on the tobacco product manufacturer to establish that it or a particular brand family is entitled to be listed on the directory. Authorizing statute(s): 16-11-511, MCA Implementing s…

23.18.207 WHOLESALER REPORTING Wholesaler reports required by 16-11-507 , MCA, shall be filed monthly no later than 15 days after last day of the reporting month. Authorizing statute(s): 16-11-511, MCA Implementing statute(s): 16-11-507, MCA History: NEW, 2004 MAR p. 1323, Eff. 6…

23.18.208 LATE FILING ASSESSMENT A penalty will be assessed a wholesaler or tobacco product manufacturer for failing to file a report by 20 days after the last day of the reporting month. The failure to file a required report shall result in a late filing penalty of $50 for each …

23.18.209 TRUTHFULNESS, COMPLETENESS, AND ACCURACY OF SUBMISSIONS A wholesaler or tobacco product manufacturer who submits to the Department of Justice a report, invoice, receipt, memoranda, or other record is considered to represent to the Department of Justice, to the best of t…

23.18.210 COMPLAINTS Complaints regarding violations of 16-11-501 through 16-11-512 , MCA, must be submitted in writing in affidavit form and signed by the person with personal knowledge of the allegations in the complaint. Authorizing statute(s): 16-11-511, MCA Implementing stat…

23.18.301 DEFINITIONS Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule. "24/7 sobriety program" or "program" means the program established in 4-4-1203, MCA. The program is a sobriety program in which a pa…

23.18.302 PLACEMENT IN THE 24/7 SOBRIETY PROGRAM A participant may be placed in the 24/7 sobriety program as a condition of bond or pretrial release, a condition of sentence or probation, or as a condition of parole. An order or directive placing a participant in the program shou…

23.18.303 ENROLLMENT A representative of a participating agency shall enroll a participant in the 24/7 sobriety program prior to testing. During enrollment, the representative of a participating agency shall enter the participant's information in the data management system. The r…

23.18.304 TESTING AUTHORIZED Except as provided in (3), a participant in the 24/7 sobriety program shall submit to alcohol testing at a central location through a primary testing methodology. A participant who has been ordered to provide twice-daily breath tests shall report to t…

23.18.305 PARTICIPANT FEES A 24/7 program participant may be charged a fee of up to $30 each time a participant enrolls in a 24/7 sobriety program, in addition to any fees charged under (2) through (4). A participating agency shall charge a participant who has been ordered to pro…

23.18.306 COLLECTION, DISTRIBUTION, AND USE OF ENROLLMENT AND TESTING FEES A participant shall pay all fees directly to the participating agency. A participating agency shall distribute a portion of the testing fees to the participating vendors in accordance with the vendor agree…

23.18.307 ACCOUNT FOR TESTING FEES A participating agency shall establish and maintain a sobriety program account. A participating agency shall collect and deposit testing fees and any other funds received for the 24/7 sobriety program into the sobriety program account for admini…

23.18.308 DATA MANAGEMENT SYSTEM A participating agency shall use the data management system, including hardware and software, approved and provided by the Attorney General. The data management system must feature a secure, remotely hosted, demonstrated, web-based management appl…

23.18.309 24/7 SOBRIETY PROGRAM ADVISORY COUNCIL The Attorney General shall establish a 24/7 sobriety program advisory council. The council must include: a representative from the department; two members of the judiciary, one from an urban area and one from a rural area; two repr…

23.18.310 APPROVED TESTING METHODOLOGIES, INSTRUMENTS, AND VENDORS The department shall maintain a list of approved testing methodologies, instruments, and vendors for the 24/7 sobriety program. Only approved methodologies, instruments, and vendors may be used. To be approved: th…

23.18.311 PRELIMINARY ALCOHOL SCREENING TEST (PAST) DEVICES The department shall approve a PAST device for use in the 24/7 sobriety program if the device: appears on the list of approved PAST devices maintained by the Forensic Science Division; and is field certified pursuant to …

23.18.312 TRANSDERMAL TESTING Only transdermal alcohol monitoring devices and vendors on the department's list of approved testing methodologies, instruments, and vendors may be used in the 24/7 program. The following definitions apply to a transdermal testing regimen: "Confirmed…

23.18.313 REMOTE BREATH TESTING Only remote breath testing devices and vendors on the department's list of approved testing methodologies, instruments, and vendors may be used in the program. The following definitions apply to a remote breath testing regimen: "Confirmation test" …

23.18.314 DRUG PATCH USAGE Only drug patches and vendors on the department's list of approved testing methodologies, instruments, and vendors may be used in the program. A drug patch shall be used and transmitted to the laboratory for analysis in accordance with manufacturer spec…

23.18.315 SALIVA AND URINALYSIS TESTING Only saliva and urinalysis testing instruments and vendors on the department's list of approved testing methodologies, instruments, and vendors may be used in the program. For purposes of this rule, the following definitions apply: "Confirm…

23.18.316 VIOLATIONS—NONCOMPLIANT EVENTS A participant fails to comply with the requirements of the 24/7 sobriety program if the participant: fails to enroll in the 24/7 sobriety program; is unwilling to pay the associated testing or participation fees; admits use of alcohol or a…

23.18.401 COUNTY REIMBURSEMENT FOR EXPERT WITNESS FEES The Department of Justice has been appropriated funds to reimburse counties for expert witness expenses in certain criminal proceedings. The funds shall be used to compensate expert witnesses in felony charges filed under Tit…

23.19.1001 LICENSE FEE The required license fee will be $1,000.00. It must be paid every year on or before February 1. Authorizing statute(s): 30-14-2004, MCA Implementing statute(s): 30-14-2004, MCA History: NEW, 2006 MAR p. 207, Eff. 1/27/06; TRANS, from Administration, 2006 MA…

23.19.1002 BOND REQUIREMENT The surety bond for a credit counseling service that maintains an office in this state with a credit counselor on the premises will be the same as one that does not maintain an office in this state with a credit counselor. Authorizing statute(s): 30-14…

23.19.1003 LIST OF ACCREDITATION AND CERTIFICATION PROVIDERS Accreditation must meet as they pertain to credit counseling the: ISO 9001:2000; BSI management; BYGI; or Council on Accreditation for Children and Families standards. Certification must be by: the Association for Finan…

23.19.1004 OTHER REQUIREMENTS FOR A LICENSE The department may refuse to issue or renew a licensee if the applicant has been fined or enjoined by any state, part of the federal government, or a United States territory. Authorizing statute(s): 30-14-2004, MCA Implementing statute(…

23.19.1005 CONSULTATION AND MAINTENANCE FEES The initial consultation fee or donation shall not be more than $75. The maintenance fee shall not be more than the lower of $50 or 15% of the monthly payment. Any one time fee for any part of the credit counseling or debt management s…

23.19.101 UNLAWFUL ACTS OR PRACTICES A person engages in unfair or deceptive and therefore unlawful acts or practices when, in the conduct of any trade or commerce, he: represents that merchandise is of a particular make or brand, when it is on another; makes a false representati…

23.19.201 DEFINITIONS The following terms shall, unless the context otherwise indicates, have the following meanings for the purposes of this subchapter: "Motor vehicle" or "vehicle" as used in this subchapter, refers to all types included in the statutory definition appearing at…

23.19.202 REPAIRS, ESTIMATES, AND INVOICES It shall be an unfair or deceptive act or practice for a motor vehicle repair business to: accept a motor vehicle for repair without furnishing the customer, upon request, a written estimate for repairs, maintenance or service on a motor…

23.19.203 REPAIRS AND SERVICES It shall be an unfair or deceptive act or practice for a motor vehicle repair business to: fail to honor his agreement with a customer to repair the customer's motor vehicle as represented in the written estimate; make or charge for repairs which ha…

23.19.204 MOTOR VEHICLE SALES It shall be an unfair or deceptive act or practice for a motor vehicle dealer to: represent, either directly or indirectly, that any motor vehicle advertised or sold is an "executive vehicle" unless the vehicle has been used exclusively by its manufa…

23.19.301 DISCLOSURE FEES A consumer reporting agency shall make all disclosures pursuant to 31-3-122 , MCA, without charge to the consumer, if the consumer makes a request under 31-3-122 , MCA, within 30 days of receiving either: notification under 31-3-133 , MCA, that credit is…

23.19.401 DEFINITIONS "Department" means the Montana Department of Justice. "Panel" means a three-member arbitration panel. Reference to "days" as a time for the performance of any act under this chapter shall mean calendar days, unless otherwise specified. "Manufacturer" include…

23.19.402 CORRESPONDENCE All communications, applications, filings, complaints or other matters shall be directed to the Administrator, New Vehicle Warranties, Consumer Protection Office, Department of Justice, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151. Authori…

23.19.403 PROCEDURES ADOPTED The procedural rules adopted by the department shall be in effect, except as may be inconsistent with the statutory provisions for procedure applying herein. Authorizing statute(s): 61-4-532, MCA Implementing statute(s): 61-4-515, MCA History: NEW, 19…

23.19.404 MANUFACTURER'S INFORMAL DISPUTE SETTLEMENT PROCEDURE - CERTIFICATION Manufacturers may apply for certification of an informal dispute settlement procedure or any amendment to a certified procedure. The application shall be made to the department and be accompanied by a …

23.19.405 MANUFACTURER'S INFORMAL DISPUTE SETTLEMENT PROCEDURE - AUDIT Manufacturers shall file an annual audit with the department. The audit shall be based on the calendar year and shall be filed by October 20th following the year for which the audit applies. Manufacturers shal…