Montana Administrative Code

23.18.208 LATE FILING ASSESSMENT (1) 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. (2) The failure to file a required report shall result in a late filing penalty of $50 f…

23.18.209 TRUTHFULNESS, COMPLETENESS, AND ACCURACY OF SUBMISSIONS (1) 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 …

23.18.210 COMPLAINTS (1) 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 …

23.18.301 DEFINITIONS Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule. (1) "24/7 sobriety program" or "program" means the program established in 4-4-1203, MCA. The program is a sobriety program in which …

23.18.302 PLACEMENT IN THE 24/7 SOBRIETY PROGRAM (1) 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. (2) An order or directive placing a participant in the prog…

23.18.303 ENROLLMENT (1) A representative of a participating agency shall enroll a participant in the 24/7 sobriety program prior to testing. (2) During enrollment, the representative of a participating agency shall enter the participant's information in the data management syste…

23.18.304 TESTING AUTHORIZED (1) 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. (2) A participant who has been ordered to provide twice-daily breath tests shall rep…

23.18.305 PARTICIPANT FEES (1) 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). (2) A participating agency shall charge a participant who has been ordere…

23.18.306 COLLECTION, DISTRIBUTION, AND USE OF ENROLLMENT AND TESTING FEES (1) A participant shall pay all fees directly to the participating agency. (2) A participating agency shall distribute a portion of the testing fees to the participating vendors in accordance with the vend…

23.18.307 ACCOUNT FOR TESTING FEES (1) A participating agency shall establish and maintain a sobriety program account. (2) 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 fo…

23.18.308 DATA MANAGEMENT SYSTEM (1) A participating agency shall use the data management system, including hardware and software, approved and provided by the Attorney General. (2) The data management system must feature a secure, remotely hosted, demonstrated, web-based managem…

23.18.309 24/7 SOBRIETY PROGRAM ADVISORY COUNCIL (1) The Attorney General shall establish a 24/7 sobriety program advisory council. The council must include: (a) a representative from the department; (b) two members of the judiciary, one from an urban area and one from a rural ar…

23.18.310 APPROVED TESTING METHODOLOGIES, INSTRUMENTS, AND VENDORS (1) 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. (2) To be appr…

23.18.311 PRELIMINARY ALCOHOL SCREENING TEST (PAST) DEVICES (1) The department shall approve a PAST device for use in the 24/7 sobriety program if the device: (a) appears on the list of approved PAST devices maintained by the Forensic Science Division; and (b) is field certified …

23.18.312 TRANSDERMAL TESTING (1) 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. (2) The following definitions apply to a transdermal testing regimen: (a…

23.18.313 REMOTE BREATH TESTING (1) 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. (2) The following definitions apply to a remote breath testing regimen: (a) "Confirm…

23.18.314 DRUG PATCH USAGE (1) Only drug patches and vendors on the department's list of approved testing methodologies, instruments, and vendors may be used in the program. (2) A drug patch shall be used and transmitted to the laboratory for analysis in accordance with manufactu…

23.18.315 SALIVA AND URINALYSIS TESTING (1) 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. (2) For purposes of this rule, the following definitions apply: …

23.18.316 VIOLATIONS—NONCOMPLIANT EVENTS (1) A participant fails to comply with the requirements of the 24/7 sobriety program if the participant: (a) fails to enroll in the 24/7 sobriety program; (b) is unwilling to pay the associated testing or participation fees; (c) admits use…

23.18.401 COUNTY REIMBURSEMENT FOR EXPERT WITNESS FEES (1) The Department of Justice has been appropriated funds to reimburse counties for expert witness expenses in certain criminal proceedings. (2) The funds shall be used to compensate expert witnesses in felony charges filed u…

23.19.1001 LICENSE FEE (1) 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, 200…

23.19.1002 BOND REQUIREMENT (1) 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): 3…

23.19.1003 LIST OF ACCREDITATION AND CERTIFICATION PROVIDERS (1) Accreditation must meet as they pertain to credit counseling the: (a) ISO 9001:2000; (b) BSI management; (c) BYGI; or (d) Council on Accreditation for Children and Families standards. (2) Certification must be by: (…

23.19.1004 OTHER REQUIREMENTS FOR A LICENSE (1) 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 stat…

23.19.1005 CONSULTATION AND MAINTENANCE FEES (1) The initial consultation fee or donation shall not be more than $75. (2) The maintenance fee shall not be more than the lower of $50 or 15% of the monthly payment. (3) Any one time fee for any part of the credit counseling or debt …

23.19.101 UNLAWFUL ACTS OR PRACTICES (1) A person engages in unfair or deceptive and therefore unlawful acts or practices when, in the conduct of any trade or commerce, he: (a) represents that merchandise is of a particular make or brand, when it is on another; (b) makes a false …

23.19.201 DEFINITIONS The following terms shall, unless the context otherwise indicates, have the following meanings for the purposes of this subchapter: (1) "Motor vehicle" or "vehicle" as used in this subchapter, refers to all types included in the statutory definition appearin…

23.19.202 REPAIRS, ESTIMATES, AND INVOICES (1) It shall be an unfair or deceptive act or practice for a motor vehicle repair business to: (a) accept a motor vehicle for repair without furnishing the customer, upon request, a written estimate for repairs, maintenance or service on…

23.19.203 REPAIRS AND SERVICES It shall be an unfair or deceptive act or practice for a motor vehicle repair business to: (1) fail to honor his agreement with a customer to repair the customer's motor vehicle as represented in the written estimate; (2) make or charge for repairs …

23.19.204 MOTOR VEHICLE SALES It shall be an unfair or deceptive act or practice for a motor vehicle dealer to: (1) 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 ma…

23.19.301 DISCLOSURE FEES (1) 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: (a) notification under 31-3-133 , MCA, that c…

23.19.401 DEFINITIONS (1) "Department" means the Montana Department of Justice. (2) "Panel" means a three-member arbitration panel. (3) Reference to "days" as a time for the performance of any act under this chapter shall mean calendar days, unless otherwise specified. (4) "Manuf…

23.19.402 CORRESPONDENCE (1) 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. Aut…

23.19.403 PROCEDURES ADOPTED (1) 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…

23.19.404 MANUFACTURER'S INFORMAL DISPUTE SETTLEMENT PROCEDURE - CERTIFICATION (1) Manufacturers may apply for certification of an informal dispute settlement procedure or any amendment to a certified procedure. (2) The application shall be made to the department and be accompani…

23.19.405 MANUFACTURER'S INFORMAL DISPUTE SETTLEMENT PROCEDURE - AUDIT (1) Manufacturers shall file an annual audit with the department. (2) The audit shall be based on the calendar year and shall be filed by October 20th following the year for which the audit applies. (3) Manufa…

23.19.406 DEPARTMENT'S DISPUTE RESOLUTION PROCEDURE - WHEN AVAILABLE TO CONSUMER (1) The department's dispute resolution procedure shall be available to the consumer in the following cases: (a) in the event that a manufacturer has not established an informal dispute resolution pr…

23.19.407 ARBITRATION PANELS (1) 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…

23.19.408 POWERS AND DUTIES OF ARBITRATORS (1) 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 impart…

23.19.409 CONSUMER'S REQUEST FOR ARBITRATION (1) 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 …

23.19.410 MANUFACTURER'S STATEMENT (1) 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 …

23.19.411 CONSUMER APPEALS PROCESS (1) 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, a…

23.19.412 NOTIFICATION OF PARTIES AND ARBITRATORS (1) The department shall notify the consumer of the department's acceptance or rejection of his or her request for arbitration. (2) If the department accepts a request for arbitration, the department shall notify the manufacturer,…

23.19.413 REPRESENTATION BY AN ATTORNEY (1) 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, 200…

23.19.414 CONDUCT OF ORAL ARBITRATION HEARINGS (1) 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 …

23.19.415 CONDUCT OF DOCUMENTARY ARBITRATION HEARINGS (1) 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: (a) the department shall notify …

23.19.416 PRE-DECISION SETTLEMENT OF DISPUTE (1) 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 t…