Montana Administrative Code

23.4.221 COLLECTION OF POSTMORTEM SAMPLES FOR DRUG AND/OR ALCOHOL ANALYSIS (1) Sampling of body substances other than blood, breath, or urine is considered valid only in postmortem cases. All postmortem body material must be obtained prior to the embalming process. The sample or …

23.4.225 PRELIMINARY ALCOHOL SCREENING TESTS (PASTs) (1) All models and/or types of PAST devices used for testing must be approved by the division. A list of approved PAST devices will be maintained at the division. (2) Individuals conducting PASTs as authorized by statute must b…

23.4.501 DEFINITIONS Unless the context requires otherwise, the following definitions apply to this subchapter: (1) "Blood" means whole blood which contains the cellular components and the serum or plasma of blood. (2) "Buccal swab" means a swab taken from the mouth area to colle…

23.4.502 COLLECTION OF BIOLOGICAL SAMPLES FOR DNA ANALYSIS (1) A buccal swab sample shall be collected by the appropriate law enforcement agency, corrections facility or other statutorily authorized agency. (2) A blood sample shall be collected by a physician, registered nurse, l…

23.4.503 STORAGE OF DNA SAMPLES (1) The DNA sample should be kept in a secure location and mailed to the division within seven days. Authorizing statute(s): Sec. 44-6-110, MCA Implementing statute(s): Sec. 44-6-103, MCA History: NEW, 1996 MAR p. 2172, Eff. 8/9/96; AMD, 2002 MAR p…

23.4.601 DISTRIBUTION OF AUTOPSY REPORTS (1) The Medical Examiner’s Office within the Forensic Science Division performs postmortem examinations at the request of county coroners, county attorneys, hospitals, federal agencies, or the Attorney General. As necessary, the Medical Ex…

23.5.103 APPLICATION OF SAFETY RULES TO LIGHTWEIGHT VEHICLES (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. …

23.5.104 EXEMPTION FROM DRIVER SAFETY STANDARDS FOR LOCAL COMMERCIAL VEHICLES (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulat…

23.5.106 COMMERCIAL VEHICLE SAFETY ALLIANCE (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(1), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85…

23.5.107 CRITICAL ITEM INSPECTION (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(1), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; REP, 199…

23.5.108 INSPECTION REPORT (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201(1), 69-12-201(2), MCA Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 198…

23.5.109 OUT OF SERVICE ORDERS (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/8…

23.5.110 SAFETY INSPECTION IDENTIFICATION DECALS (REPEALED) Authorizing statute(s): 44-1-1005(1), 69-12-201, MCA Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L…

23.5.111 LOCATION OF INSPECTIONS (REPEALED) Authorizing statute(s): 44-1-1005, 69-12-201, MCA Implementing statute(s): 69-12-201(1), 69-12-201(2), MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85…

23.6.101 DEFINITIONS In addition to the definitions contained in 61-8-903, MCA, and unless the context requires otherwise, the following definitions apply to this subchapter: (1) "Cargo" means the contents inside or on a towed or hauled vehicle or any unit attached to a towed veh…

23.6.103 CLASSIFICATION OF TOW TRUCK EQUIPMENT (1) All operators of commercial tow truck equipment in the state of Montana who wish to participate in the state law enforcement rotation system must have their tow trucks classified. In order to have a tow truck classified, an opera…

23.6.105 TOW TRUCK COMPLAINT RESOLUTION COMMITTEE - ESTABLISHMENT (1) Pursuant to 61-8-912, MCA, there is a tow truck complaint resolution committee, consisting of six members. (2) The Attorney General shall appoint the members of the committee. Applications for appointment to th…

23.6.106 TOW TRUCK COMPLAINT RESOLUTION COMMITTEE - JURISDICTION AND PROCEDURE (1) Pursuant to 61-8-912, MCA, the committee shall review and resolve complaints about tow truck issues, including towing charges. (2) The committee shall have the authority to act as a hearing examine…

23.6.108 VEHICLE TOW AND STORAGE REQUIREMENTS - INSURANCE (1) For purposes of compliance with the insurance standards of 61-8-906, MCA, an operator's storage facility is deemed to be part of its business premises. (2) A representative of the Montana Highway Patrol or of a local l…

23.6.109 SAFETY INSPECTION PROCESS (1) All operators of commercial tow truck equipment in the state of Montana must have an annual safety inspection. (2) The department hereby adopts by reference the CVSA level 1 inspection, 49 CFR Chapter III, Subchapter B, Appendix G, as standa…

23.6.110 GENERAL TOW TRUCK EQUIPMENT SAFETY STANDARDS (1) All towing and recovery equipment mounted on the chassis of a commercial tow truck must meet the following standards: (a) chain or cable capable of safely handling loads equal to the minimum manufacturer's ratings establis…

23.6.113 STATE LAW ENFORCEMENT ROTATION SYSTEM - ADMISSION AND SUSPENSION (1) The state law enforcement rotation system consists of lists of the names and telephone numbers of qualified class "A", "B", and "C" tow truck operators in different parts of the state. Operators are cal…

23.7.105 ADOPTION OF UNIFORM FIRE CODE (IS HEREBY REPEALED) Authorizing statute(s): 50-3-102(2), 50-61-102, MCA Implementing statute(s): 50-3-102, 50-61-102, MCA History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1992 MAR p. 2074, Eff. 8/14/92; AMD, 1993 MAR p. 2953, Eff. 12/10/9…

23.7.107 FIRE ESCAPES FOR PUBLIC BUILDINGS (IS HEREBY REPEALED) Authorizing statute(s): 50-3-102, 50-3-106, MCA Implementing statute(s): 50-3-106, MCA History: NEW, 1991 MAR p. 1839, Eff. 9/27/91; AMD, 1999 MAR p. 2860, Eff. 12/17/99; REP, 2005 MAR p. 260, Eff. 2/11/05.

23.7.111 UNIFORM FIRE CODE (IS HEREBY REPEALED) Authorizing statute(s): 50-3-102(2), 50-61-102, MCA Implementing statute(s): 50-3-102, 50-61-102, MCA History: NEW, 1978 MAR p. 901, Eff. 6/24/78; AMD, 1980 MAR p. 87, Eff. 1/18/80; AMD, 1983 MAR p. 280, Eff. 4/1/83; AMD, 1985 MAR p…