Montana Administrative Code

23.19.406 DEPARTMENT'S DISPUTE RESOLUTION PROCEDURE - WHEN AVAILABLE TO CONSUMER The department's dispute resolution procedure shall be available to the consumer in the following cases: in the event that a manufacturer has not established an informal dispute resolution procedure …

23.19.407 ARBITRATION PANELS An arbitration panel shall consist of three volunteer members. The consumer shall choose one member, the manufacturer shall choose one member and both parties shall choose one member by mutual agreement, from a list maintained by the department of per…

23.19.408 POWERS AND DUTIES OF ARBITRATORS Arbitrators shall have the duty to appoint a time and place of hearing at a convenient location in the state of Montana and provide reasonable notice to the manufacturer and consumer of such time and place, to conduct fair and impartial …

23.19.409 CONSUMER'S REQUEST FOR ARBITRATION The consumer shall file a request for arbitration on a form prescribed by the department along with a filing fee of $50. The fee shall be refunded if the department determines the request for arbitration does not allege a warranty viol…

23.19.410 MANUFACTURER'S STATEMENT The department shall require a manufacturer, on a form prescribed by the department, to provide information relevant to the resolution of the dispute along with a filing fee of $250 within 15 days from the date of the manufacturer's receipt of t…

23.19.411 CONSUMER APPEALS PROCESS If a consumer has proceeded through a manufacturer's certified dispute settlement program and contends that he or she was injured by the operation of any procedure that does not conform to procedures established pursuant to 61-4-511 , MCA, and t…

23.19.412 NOTIFICATION OF PARTIES AND ARBITRATORS The department shall notify the consumer of the department's acceptance or rejection of his or her request for arbitration. If the department accepts a request for arbitration, the department shall notify the manufacturer, by cert…

23.19.413 REPRESENTATION BY AN ATTORNEY Any party to an oral arbitration hearing has the right to be represented by an attorney. Authorizing statute(s): 61-4-532, MCA Implementing statute(s): 27-5-214, MCA History: NEW, 1998 MAR p. 746, Eff. 3/27/98; TRANS, from Commerce, 2001 MA…

23.19.414 CONDUCT OF ORAL ARBITRATION HEARINGS Upon receipt of the manufacturer's statement and filing fee, the department shall forward copies of the consumer's request for arbitration and the manufacturer's statement to the appointed arbitrators at lease five days prior to the …

23.19.415 CONDUCT OF DOCUMENTARY ARBITRATION HEARINGS If the consumer elects a documentary arbitration procedure, the department shall gather and disseminate all documentary information and evidence in accordance with the following procedures: the department shall notify the cons…

23.19.416 PRE-DECISION SETTLEMENT OF DISPUTE One or both of the parties shall notify the department if, through outside mediation efforts, the dispute is settled at any time after the filing date and before the decision is rendered. The department shall thereupon verify the terms…

23.19.417 RECORD KEEPING The department shall maintain records of each dispute, which shall include: the name, address and telephone number of the consumer; the name, address, telephone number and contact person of the manufacturer; brand name and model of the vehicle; the filing…

23.19.418 NOTICE OF ARBITRATION DECISION The arbitration panel shall render its decision within 60 days following the initial filing date of the consumer's request for arbitration. The decision shall be rendered by an agreement of the majority of the arbitrators. The department s…

23.19.419 POST-PERFORMANCE DATE CONTACT If the arbitration decision is in the favor of the consumer and requires some performance by the manufacturer, the department shall contact the consumer within 10 days following the date scheduled for performance of the arbitration award ei…

23.19.420 NOTICE OF RESALE OF RETURNED VEHICLE If a motor vehicle is returned to the manufacturer and requires replacement or refund, then the returned vehicle may not be sold in the state unless the seller provides the ultimate consumer a conspicuous written disclosure of the fa…

23.19.501 DEFINITIONS In addition to the terms defined in 30-14-1403 , MCA, the following terms shall, unless the context otherwise indicates, have the following meanings for the purposes of this subchapter: "Act" means the Montana Telemarketing Registration and Fraud Prevention …

23.19.502 FORMS AND PROCEDURES FOR INITIAL REGISTRATION AND BONDING Prior to conducting telemarketing business in the state of Montana, the applicant must have a Montana certificate of registration. Application for an initial certificate of registration shall be made to the depar…

23.19.503 FORMS AND PROCEDURES FOR REGISTRATION RENEWAL The renewal application will be similar to the initial application and process with the following changes: Registrant shall note on the application that the surety bond, certificate of deposit, cash or government bond was su…

23.19.504 TELEMARKETING FRAUD CONSUMER AWARENESS PROGRAM The department will educate Montana senior citizens as well as other consumers by developing the telemarketing fraud consumer awareness program. The program will educate the Montana consumer through telemarketing fraud and …

23.19.505 CIVIL ACTION ENFORCEMENT PROCEDURE Enforcement options available to the department are set forth in 30-14-1407 , 30-14-1410 , 30-14-1411 , 30-14-1413 and 30-14-1414 , MCA. Consumer complaint forms may be obtained from the department. The department will provide these fo…

23.19.506 DEFINITIONS As used in this subchapter, the following definitions apply: "National do-not-call list" means the database of residential phone numbers designated not to be called by telemarketers as established by the Federal Trade Commission (FTC) in 16 CFR 310. Authoriz…

23.19.507 STATE DO-NOT-CALL DATABASE The department shall use the national do-not-call list as the state do-not-call database. Citizens may give notice of their objection to receiving telephone solicitations by signing up to the national do-no-call list. A citizen's notice of obj…

23.19.601 PURPOSE The Attorney General administers the identity theft passport program (passport program). Passports are available for eligible victims of identity theft. The Attorney General's Office, through the Office of Victim Services will work in cooperation with local law …

23.19.602 APPLICATION To apply for an identity theft passport, a victim must: be a victim of identity theft in Montana; file a report with a Montana law enforcement agency alleging identity theft pursuant to 45-6-332 , MCA; and complete the Department of Justice's identity theft …

23.19.603 ISSUANCE OF AN IDENTITY THEFT PASSPORT The Office of Victim Services will issue an identity theft passport if the provisions of this subchapter have been complied with and the office has a reasonable basis to conclude that the alleged identity theft occurred. Identity t…

23.19.604 NAME OR ADDRESS CHANGES If a victim who has been issued an identity theft passport changes his or her name or address, the victim shall: notify the Office of Victim Services, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151, within 30 days of the change; and…

23.19.605 LOST OR STOLEN PASSPORTS If a victim's identity theft passport is lost or stolen the victim must: notify the Office of Victim Services; and reapply for a new passport following the procedures set forth in this subchapter. The lost or stolen passport will be deactivated …

23.19.606 PENALTY FOR FRAUDULENT APPLICATION If the Office of Victim Services determines that a victim fraudulently applied for an identity theft passport, the victim's passport will be immediately deactivated. A victim who fraudulently applies for an identity theft passport may …

23.2.101 ADOPTION OF MODEL RULES Except as provided in ARM 23.2.111 through 23.2.131, the Department of Justice hereby adopts and incorporates by reference the Attorney General's Model Rules of Procedure. The model rules are found at ARM 1.3.101 through 1.3.233, and a copy may be…

23.2.121 DRIVER'S LICENSE DENIAL, SUSPENSION, REVOCATION, OR CANCELLATION The denial, suspension, revocation, or cancellation of a driver's license, or the issuance of a probationary driver's license is not a contested case under the Attorney General's Model Rules of Procedure. A…

23.2.122 NOTICE OF IMMEDIATE SUSPENSION OF A DRIVER'S LICENSE OR ISSUANCE OF A PROBATIONARY DRIVER'S LICENSE "Upon suspending the license of any person or upon placing such person on probation [under section 61-5-206 MCA], the [motor vehicle division] shall immediately notify the…

23.2.123 DENIAL FOR INABILITY TO VERIFY NAME AND BIRTHDATE A person denied a driver's license for inability to provide documentary verification of name and date of birth may file a written request for a hearing with the motor vehicle division within 30 days after the denial. Auth…

23.2.124 HEARING If a hearing is properly requested under either ARM 23.2.122(4) or ARM 23.2.123 the hearing must be conducted according to the Attorney General's Model Rules of Procedure concerning the conduct of contested case hearings and section 61-5-206 (3) MCA. However, ser…

23.2.125 HEARING EXAMINERS An examiner may conduct hearings. As a duly authorized agent of the motor vehicle division, he "may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination …

23.2.131 CONDITIONS OR MATERIALS CREATING A FIRE HAZARD REPEALED Authorizing statute(s): Sec. 2-4-201(2) MCA Implementing statute(s): 50-62-108 MCA, Eff. 12/31/72 History: REP, 1991 MAR p. 1839, Eff. 9/27/91.

23.2.201 DEFINITIONS Unless the context requires otherwise, the following definitions apply to ARM 23.2.201 through 23.2.205: "Active investigation" means an investigation when officers are physically collecting data in another jurisdiction, conducting surveillance or interviews,…

23.2.202 PROTOCOL A state agency shall not undertake an active criminal investigation except as provided in section 44-2-115 , MCA. When a state agency begins an active investigation pursuant to section 44-2-115 , MCA, within the jurisdiction of a local law enforcement agency, th…

23.2.203 INTERNAL INVESTIGATION For a state agency to initiate an internal investigation of another law enforcement agency or public official pursuant to section 44-2-115 , MCA, the following procedures must be followed: A written request must be received and approved by the atto…

23.2.204 COORDINATION Local, state, and federal law enforcement agencies will make every good faith effort to notify the appropriate law enforcement agencies concerning active investigations. Notification to the appropriate law enforcement agencies is intended to avoid duplicatio…

23.2.205 COMPLAINT REVIEW Whenever a law enforcement agency concludes that a state agency has actively conducted an investigation within their jurisdiction without proper notification, a written complaint may be forwarded to the attorney general. Whenever a complaint is received,…

23.2.301 STATEMENT OF INABILITY TO PAY COURT COSTS AND FEES ____________________________________ Name _____________________________________ Mailing Address _____________________________________ City State Zip Code _____________________________________ Phone Number _______________…

23.2.401 DEFINITIONS "Debt" means a monetary sum owed to the state of Montana. "Department" means the department of justice. "Offset" means a deduction from monies due to a person or entity from the state for the purpose of recovering in total or in part a debt owed by the person…

23.2.402 REFERRAL FOR RECOVERY AND OFFSET The department under the authority of 17-4-104, MCA, may refer to the department of administration, or other agency designated by law, for recovery and offset of any debt owed to the department. The department must determine that a debt i…

23.2.403 UNCOLLECTIBLE DEBT A debt is uncollectible by the department if the department has determined that: the debt is owing to the department; the debtor has either not pursued available administrative due process within the department or has failed to prevail in the available…

23.2.404 FORMS The department shall refer a debt to the department of administration, or other agency designated by law, on the attached form. BAD DEBT CERTIFICATION & TRANSFER FORM Agency Name: (Department Use Only) Document Locator No. < Instructions: Prepare five copies, keepi…

23.3.1001 GENERAL PROVISIONS There is a state special revenue fund established pursuant to 61-3-415(3), MCA, which shall be known as the Chrome for Kids Wish Fund. There is a Chrome for Kids Wish Fund Review Committee made up of the administrator of the Motor Vehicle Division, bu…

23.3.1002 WISH FUND GRANT CRITERIA Montana-based nonprofit public or private corporations, which have received the IRS 501(c)(3) tax-exempt designation and whose purpose includes assistance to chronically or critically ill Montana children may apply for a Chrome for Kids Wish Fun…

23.3.1003 APPLICATION REQUIREMENTS Grant applicants must submit the following materials with each grant application: the legal title of the nonprofit organization and the address of its principal office; a list of the organization's board members and their occupations; a copy of …

23.3.1004 GRANT REVIEW AND EVALUATION Eligibility of the requesting organization will be evaluated to determine whether it meets the criteria established in statute and these rules. All applications shall be reviewed and evaluated for project type, funding requested, need for the…