Montana Administrative Code

23.16.502 APPLICATION FOR OPERATOR LICENSE (1) Except as provided in (2) and (3), all applicants shall submit the following information on Forms 5, 10, and FD-258, which are incorporated by reference and available at any Gambling Control Division office location, or on the divisi…

23.16.503 APPLICATION PROCESSING FEE (1) 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. (2) The applicant shall submit the deposit required under (1) in the…

23.16.504 INVESTIGATION OF APPLICANTS, ADDITIONAL INFORMATION MAY BE REQUIRED (1) 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…

23.16.505 PREMISES SHARING INTERNAL ENTRANCE (1) 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: (a) shares a common internal wall with another premises for which an operator's license has been…

23.16.506 PROVISIONAL OPERATOR LICENSE (REPEALED) Authorizing statute(s): 23-5-115, MCA Implementing statute(s): 23-5-176, 23-5-177, MCA History: EMERG, NEW, 1990 MAR p. 286, Eff. 2/9/90; REP, 1991 MAR p.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 (1) Except as provided in (2) and ARM 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. (2) Any gambling operator holding an alcoholic …

23.16.509 TEMPORARY GAMBLING AUTHORITY (1) The department may grant an applicant for a gambling operator license the temporary authority to operate gambling when: (a) the application and supporting documents, except Form FD-258 fingerprint cards, have been electronically submitte…

23.16.510 LOCATION MANAGERS (1) 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 m…

23.17.401 REQUIREMENTS FOR PEACE OFFICERS AND PUBLIC SAFETY OFFICERS TO ATTEND BASIC PROGRAMS (1) 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…

23.17.403 BASIC COURSE ATTENDANCE REQUIREMENTS FOR PRESERVICE APPLICANTS (1) 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 Basi…

23.17.404 MINIMUM QUALIFICATIONS FOR PRESERVICE TESTING AND PRETEST SCREENING (1) Preservice applicants must meet the minimum qualifications for peace officers as stated in 7-32-303, MCA, with the following exceptions: (a) applicants must be at least twenty years of age at the da…

23.17.405 PRESERVICE TESTING PROCEDURES (1) 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 sha…

23.17.406 PRESERVICE TEST SCREENING PROCEDURES (1) 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…

23.17.407 RANKING OF PRESERVICE APPLICANTS FOR ELIGIBILITY TO ATTEND THE BASIC COURSE (1) 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…

23.17.408 PROCEDURES FOR REGISTRATION, ATTENDANCE, AND FEES FOR PRESERVICE APPLICANTS (1) 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 b…

23.17.501 RULES OF CONDUCT FOR STUDENTS ATTENDING PROGRAMS UPON THE MONTANA LAW ENFORCEMENT ACADEMY CAMPUS (1) 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 …

23.17.611 STUDENT ACADEMIC PERFORMANCE REQUIREMENTS FOR MONTANA LAW ENFORCEMENT ACADEMY COURSES (1) 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. (2) A student…

23.17.612 OTHER STUDENT PERFORMANCE MEASURES (1) Written and practical assignments will be scored. Student scores will be used in the following manner: (a) the scores may be part of the final grade, and can be used to establish class ranking of the student; (b) the scores achieve…

23.17.613 MONTANA LAW ENFORCEMENT ACADEMY FIREARMS PERFORMANCE REQUIREMENTS FOR THE LAW ENFORCEMENT OFFICER BASIC COURSE (1) A student must achieve a passing score in the Montana Law Enforcement Academy firearms training course. (2) The total accumulative points possible for the …

23.17.614 PHYSICAL ABILITIES PERFORMANCE REQUIREMENTS FOR THE LAW ENFORCEMENT OFFICER BASIC COURSE (1) All students will be required to perform and pass a physical abilities test prior to acceptance into the law enforcement officer basic course. (2) A document detailing fitness r…

23.17.615 BASIC COURSE ACHIEVEMENT AWARDS (1) Achievement awards will be presented by the academy administrator to students in each basic course class in the following categories: (a) Academic--awarded to the student that successfully passes all phases of training and attains the…

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.

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 (1) 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 Enfo…

23.18.202 DEADLINE FOR QUARTERLY ESCROW DEPOSITS (1) 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 escro…

23.18.203 DEADLINE FOR SUBMITTING QUARTERLY CERTIFICATION AND NOTIFYING ATTORNEY GENERAL OF QUARTERLY ESCROW DEPOSIT (1) Nonparticipating manufacturers who are required to make quarterly escrow deposits must provide the attorney general with official notification of the quarterly…

23.18.204 QUARTERLY PERIODS DEFINED (1) 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…