Montana Administrative Code

23.19.420 NOTICE OF RESALE OF RETURNED VEHICLE (1) 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 th…

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: (1) "Act" means the Montana Telemarketing Registration and Fraud Prevent…

23.19.502 FORMS AND PROCEDURES FOR INITIAL REGISTRATION AND BONDING (1) Prior to conducting telemarketing business in the state of Montana, the applicant must have a Montana certificate of registration. (2) Application for an initial certificate of registration shall be made to t…

23.19.503 FORMS AND PROCEDURES FOR REGISTRATION RENEWAL (1) The renewal application will be similar to the initial application and process with the following changes: (a) Registrant shall note on the application that the surety bond, certificate of deposit, cash or government bon…

23.19.504 TELEMARKETING FRAUD CONSUMER AWARENESS PROGRAM (1) The department will educate Montana senior citizens as well as other consumers by developing the telemarketing fraud consumer awareness program. (a) The program will educate the Montana consumer through telemarketing fr…

23.19.505 CIVIL ACTION ENFORCEMENT PROCEDURE (1) 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. (2) Consumer complaint forms may be obtained from the department. The department will provide …

23.19.506 DEFINITIONS As used in this subchapter, the following definitions apply: (1) "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. Auth…

23.19.507 STATE DO-NOT-CALL DATABASE (1) The department shall use the national do-not-call list as the state do-not-call database. (2) Citizens may give notice of their objection to receiving telephone solicitations by signing up to the national do-no-call list. A citizen's notic…

23.19.601 PURPOSE (1) 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 …

23.19.602 APPLICATION (1) To apply for an identity theft passport, a victim must: (a) be a victim of identity theft in Montana; (b) file a report with a Montana law enforcement agency alleging identity theft pursuant to 45-6-332 , MCA; and (c) complete the Department of Justice's…

23.19.603 ISSUANCE OF AN IDENTITY THEFT PASSPORT (1) 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. (2) Id…

23.19.604 NAME OR ADDRESS CHANGES (1) If a victim who has been issued an identity theft passport changes his or her name or address, the victim shall: (a) notify the Office of Victim Services, 2225 Eleventh Avenue, P.O. Box 200151, Helena, MT 59620-0151, within 30 days of the cha…

23.19.605 LOST OR STOLEN PASSPORTS (1) If a victim's identity theft passport is lost or stolen the victim must: (a) notify the Office of Victim Services; and (b) reapply for a new passport following the procedures set forth in this subchapter. (2) The lost or stolen passport will…

23.19.606 PENALTY FOR FRAUDULENT APPLICATION (1) 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. (2) A victim who fraudulently applies for an identity theft passp…

23.2.101 ADOPTION OF MODEL RULES (1) 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 ma…

23.2.121 DRIVER'S LICENSE DENIAL, SUSPENSION, REVOCATION, OR CANCELLATION (1) 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 Procedur…

23.2.122 NOTICE OF IMMEDIATE SUSPENSION OF A DRIVER'S LICENSE OR ISSUANCE OF A PROBATIONARY DRIVER'S LICENSE (1) "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…

23.2.123 DENIAL FOR INABILITY TO VERIFY NAME AND BIRTHDATE (1) 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. …

23.2.124 HEARING (1) 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,…

23.2.125 HEARING EXAMINERS (1) 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 reexaminat…

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: (1) "Active investigation" means an investigation when officers are physically collecting data in another jurisdiction, conducting surveillance or intervi…

23.2.202 PROTOCOL (1) 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…

23.2.203 INTERNAL INVESTIGATION (1) 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) A written request must be received and approved by …

23.2.204 COORDINATION (1) Local, state, and federal law enforcement agencies will make every good faith effort to notify the appropriate law enforcement agencies concerning active investigations. (2) Notification to the appropriate law enforcement agencies is intended to avoid du…

23.2.205 COMPLAINT REVIEW (1) 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 recei…

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 (1) "Debt" means a monetary sum owed to the state of Montana. (2) "Department" means the department of justice. (3) "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 b…

23.2.402 REFERRAL FOR RECOVERY AND OFFSET (1) 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. (2) The department must determine that …

23.2.403 UNCOLLECTIBLE DEBT (1) A debt is uncollectible by the department if the department has determined that: (a) the debt is owing to the department; (b) the debtor has either not pursued available administrative due process within the department or has failed to prevail in t…

23.2.404 FORMS (1) 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, k…

23.3.1001 GENERAL PROVISIONS (1) 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. (2) There is a Chrome for Kids Wish Fund Review Committee made up of the administrator of the Motor Vehicle Divi…

23.3.1002 WISH FUND GRANT CRITERIA (1) 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…

23.3.1003 APPLICATION REQUIREMENTS (1) Grant applicants must submit the following materials with each grant application: (a) the legal title of the nonprofit organization and the address of its principal office; (b) a list of the organization's board members and their occupations…

23.3.1004 GRANT REVIEW AND EVALUATION (1) Eligibility of the requesting organization will be evaluated to determine whether it meets the criteria established in statute and these rules. (2) All applications shall be reviewed and evaluated for project type, funding requested, need…

23.3.101 COUNTY TREASURERS AS FEE COLLECTING AGENTS (REPEALED) Authorizing statute(s): 61-5-111(1), MCA Implementing statute(s): 61-5-111(1), MCA History: Eff. 12/31/72; AMD, 1980 MAR p. 574, Eff. 2/15/80; REP, 2023 MAR p. 766, Eff. 8/5/23.

23.3.1101 TRAINING FOR ADULT SCHOOL CROSSING GUARDS (1) An adult school crossing guard may be a school district employee or an adult volunteer member of the community. Training for adult school crossing guards may be provided by the school district or local law enforcement and sh…

23.3.1102 SAFETY EQUIPMENT FOR ADULT CROSSING GUARDS (1) Adults performing school crossing supervision shall wear high-visibility, retro reflective Class 2 safety apparel and use a STOP paddle in accordance with the sign manual adopted by the Department of Transportation. Authori…

23.3.1103 OPERATING PROCEDURES FOR ADULT CROSSING GUARDS (1) Adult crossing guards shall not direct traffic or act in a manner similar to that used by a law enforcement officer at the scene of a crash or within an area of high-volume traffic. School crossing guards shall control …

23.3.111 PROCEDURES AND STANDARDS FOR DRIVER'S EXAMINATION AND LICENSING (1) Examiners shall follow the procedures and standards for the examination and licensing of drivers contained in ARM 23.3.112 through 23.3.126. Authorizing statute(s): Sec. 44-1-103 MCA Implementing statute…

23.3.112 ORDER OF STEPS IN EXAMINING An examiner shall conduct the driver's examination in the following order: (1) Ask preliminary questions and have applicant complete necessary forms. (2) Give vision test. (3) Give written (road signs and road rules) test. (Oral for illiterate…

23.3.113 AGE STANDARDS The age standards for drivers are: (1) Operator: Minimum age 16 years except as provided in sections 61-5-105(1) , 61-5-106, and 61-5-111(4) MCA. Applicants under 18 years of age must have signature of parents, husband, or wife over 18 years of age, guardia…

23.3.114 SIGNATURE OF APPLICANT (1) The signature of the applicant must be entered on the line indicated (Signature of Applicant) . If an applicant cannot write he may make his mark. This is simply a cross on the application in the place of his signature. His name should be print…

23.3.115 CONSENT OF PARENTS OR GUARDIANS (1) The motor vehicle division shall not issue an operator's license to any person under 18 years of age nor shall any road test be administered unless the application is signed and verified in either of the following alternative forms: (a…

23.3.116 PAST DRIVING EXPERIENCE (1) Examiners shall make every effort to obtain complete information on the applicant's past driving experience including experience in other states where the applicant has been licensed. (2) If the applicant is over 18 years of age and indicates …

23.3.117 STANDARDS FOR BODY DISABILITIES The following restrictions are recommended for applicants who are unable to pass the driving test without special equipment: (1) Both hands or feet or one hand and one foot missing or useless: Pass, restricted to needed special equipment, …