Montana Administrative Code

2.63.404 SALES AGENT REQUIRED RULE READING Each licensed sales agent and any employee of the sales agent involved in the sale, bookkeeping, or any other aspect of the lottery and sports wagering shall: read and understand the laws and commission rules concerning lottery and sport…

2.63.405 SALES AGENT ELECTRONIC FUNDS TRANSFER AND ACCOUNTING An applicant shall, before being licensed, authorize the debiting and crediting of an account in the applicant's name for the purpose of electronic funds transfer to or from the state's collection account, as provided …

2.63.406 SALES AGENT BONDING The director may require a surety bond from the owner or corporation making the application to the lottery to become a lottery sales agent. The bond amount is determined by: if the location was previously licensed, the sales total for the six months p…

2.63.407 SALES AGENT COMMISSION Sales agents who sell scratch or terminal-issued tickets are entitled to a 5 percent base commission of the face value of tickets sold. Sales agents who sell scratch tickets may increase the scratch ticket commission up to an additional 5 percent. …

2.63.408 RETAILER DUTIES (REPEALED) Authorizing statute(s): 23-5-1007, MCA Implementing statute(s): 23-5-1007, 23-5-1016, MCA History: NEW, 1987 MAR p. 883, Eff. 6/26/87; AMD, 1990 MAR p. 226, Eff. 1/26/90; TRANS, from Commerce, 2001 MAR p. 2407; REP, 2006 MAR p. 526, Eff. 2/24/0…

2.63.409 ACCEPTABLE FORMS OF PAYMENT (REPEALED) Authorizing statute(s): 23-7-202, MCA Implementing statute(s): 23-7-202, MCA History: NEW 2019 MAR p. 291, Eff. 3/16/19; REP, 2019 MAR p. 2229, Eff. 12/7/19.

2.63.410 AGE VERIFICATION Each sales agent shall ensure all persons purchasing or cashing lottery products are 18 years of age or older. All persons selling lottery products must be 18 years of age or older. The lottery shall verify the age of all persons establishing a sports wa…

2.63.601 LICENSE APPLICATION FEE (REPEALED) Authorizing statute(s): 23-7-202, MCA Implementing statute(s): 23-7-301, MCA History: NEW, 1987 MAR p. 883, Eff. 6/26/87; TRANS, from Commerce, 2001 MAR p. 2407; AMD, 2006 MAR p. 526, Eff. 2/24/06; REP, 2014 MAR p. 1387, Eff. 6/27/14.…

2.63.602 PROVISIONAL LICENSE (REPEALED) Authorizing statute(s): 23-7-202, 23-7-211, MCA Implementing statute(s): 23-7-211, 23-7-301, MCA History: NEW, 1987 MAR p. 883, Eff. 6/26/87; TRANS, from Commerce, 2001 MAR p. 2407; AMD, 2006 MAR p. 1040, Eff. 2/24/06; REP, 2014 MAR p. 1387…

2.63.603 DISPLAY OF LICENSE, NOTICES, AND RESTRICTIONS Each sales agent shall prominently display the license in each licensed place of business in an area visible to the general public and in a manner that prevents theft or defacement of the license. Each sales agent shall post …

2.63.604 LICENSE LOCATIONS A license may be issued only for the location specified in the application. Each person shall submit a separate application for each location at which the person intends to sell lottery tickets or offer sports wagering. Each location for which an applic…

2.63.605 EXPIRATION OF LICENSE (REPEALED) Authorizing statute(s): 23-5-1007, 23-5-1012, MCA Implementing statute(s): 23-5-1012, MCA History: NEW, 1987 MAR p. 883, Eff. 6/26/87; REP, 1989 MAR p. 19, Eff. 1/13/89; TRANS, from Commerce, 2001 MAR p. 2407.

2.63.606 DUPLICATE LICENSES Upon the loss, mutilation, or destruction of any license issued by the director, the sales agent shall submit a written request to replace the license to the director. The request for a duplicate license must be accompanied by a statement signed under …

2.63.607 BUSINESS CHANGES A licensee shall notify the director of any of the following changes in the licensed business: any change of business structure; material change of ownership; voluntary or involuntary business closure; changes in the officers; changes in the board of dir…

2.63.608 ASSIGNMENT OR TRANSFER OF LICENSE PROHIBITED (REPEALED) Authorizing statute(s): 23-7-202, MCA Implementing statute(s): 23-7-301, MCA History: NEW, 1987 MAR p. 883, Eff. 6/26/87; TRANS, from Commerce, 2001 MAR p. 2407; AMD, 2006 MAR p. 526, Eff. 2/24/06; REP, 2014 MAR p. …

2.63.609 CHANGE OF LOCATION The change of a business address for any licensee is not considered to be the assignment or transfer of the license if all of the following criteria are met: the licensee informs the director in writing of the change of address including the old addres…

2.63.610 LICENSE RENEWAL (REPEALED) Authorizing statute(s): 23-5-1007, MCA Implementing statute(s): 23-5-1012, MCA History: NEW, 1987 MAR p. 883, Eff. 6/26/87; AMD, 1988 MAR p. 274, Eff. 2/12/88; REP, 1989 MAR p. 19, Eff. 1/13/89; TRANS, from Commerce, 2001 MAR p. 2407.

2.63.611 REVOCATION OR SUSPENSION OF LICENSE After notice, the director has the authority to provisionally suspend the license and, after a hearing before the commission, permanently revoke the license and endorsement of any person who has: knowingly provided false or misleading …

2.63.612 TEMPORARY LICENSES The director may issue a special temporary license to a licensed lottery-only sales agent upon conditions considered necessary including, but not limited to: license period; days and hours of sale; location of special sale; specific business licensed; …

2.63.613 ENDORSEMENT (REPEALED) Authorizing statute(s): 23-7-202, MCA Implementing statute(s): 23-7-202, 23-7-301, MCA History: NEW, 1990 MAR p. 226, Eff. 1/26/90; TRANS, from Commerce, 2001 MAR p. 2407; AMD, 2006 MAR p. 526, Eff. 2/24/06; REP, 2014 MAR p. 1387, Eff. 6/27/14.

2.63.801 ELECTRONIC FUNDS TRANSFER As a condition of licensing, a sales agent shall agree to participate in the lottery's electronic funds transfer system. The director may determine the schedule for debiting (sweeping) the sales agent's account, subject to concurrence of the com…

2.65.101 ORGANIZATIONAL RULE The burial preservation board was established by 22-3-804, MCA. The board administers the provisions of 22-3-801, MCA, to ensure that all burials on state and private lands be accorded equal treatment and respect for human dignity. The burial preserva…

2.65.201 MODEL PROCEDURAL RULES The board adopts and incorporates by reference the following model rules, which may be found at http://www.mtrules.org ; the Attorney General's model procedural rules ARM 1.3.211 through 1.3.224 and 1.3.226 through 1.3.233, including, as applicable…

2.65.301 PROTECTION OF SITE After notification of a discovery, the person in charge of any survey, excavation, construction, agricultural practices or like activity on private or state lands which has disturbed or threatens to disturb human skeletal remains, a burial site or buri…

2.65.302 NOTICE AND REPORTING REQUIREMENTS If helpful, the coroner may request the assistance of a board representative or archaeologist or physical anthropologist and/or anyone else with special expertise in his original examination under 22-3-805(2), MCA. If a coroner cannot ma…

2.65.303 FIELD REVIEW The board representative nearest to the discovery or a representative designated by the chairperson shall conduct a field review. With the permission of the landowner, a field review shall be conducted within 36 hours after the board received notice of a dis…

2.65.304 REMOVAL OF REMAINS OR BURIAL MATERIALS If the human remains or burial material cannot be preserved in situ and it is necessary to remove them, the chairperson of the board shall designate someone to disinter the human remains or the burial material. If an agreement has b…

2.65.305 DISPOSITION OF REMAINS AND BURIAL MATERIALS The board shall make reasonable attempts to notify the persons, tribe or groups identified in 22-3-805(7), MCA, of the discovery and disposition of the human remains and burial materials. If it is necessary to disinter the huma…

2.65.306 PERMITS FOR SCIENTIFIC ANALYSIS All petitions for scientific analysis shall include a nonrefundable application fee of $50, scientific justification for the study, qualifications of the person requesting the study, methodology and the time frame necessary to complete the…

2.65.307 REPORTS AND BURIAL REGISTRY A report of remains will be completed by the board or the board's representative and shall include the following: for disinterment and removal: identification of the names and organizations, agency or institutional affiliations of all individu…

2.65.401 SCOPE OF RULES The board's repatriation rules apply to: Native American or non-Native American human skeletal remains and funerary objects discovered on state-owned or private lands in Montana and held by museums or state agencies in Montana that receive state funding bu…

2.65.402 DEFINITIONS In addition to the definitions found in 22-3-903, MCA, the following definitions apply in this subchapter: "Culturally unidentifiable human skeletal remains or funerary objects" means human remains and funerary objects in a museum or an agency's possession fo…

2.65.403 PETITION TO ADD A TRIBE A person, as defined in 22-3-903(12), MCA, or tribe may petition the board to add a tribe or tribes to the list in ARM 2.65.402. The petition must be in writing and include evidence supporting the proposal to add a tribe or tribes to the list. The…

2.65.404 CONTENTS OF A CLAIM FOR REPATRIATION A claimant shall file its written claim with the board. A written claim for repatriation must include a description of the claimant's cultural affiliation to the human skeletal remains or funerary objects and an explanation why the po…

2.65.405 CRITERIA FOR DETERMINING LINEAL DESCENT AND CULTURAL AFFILIATION WHEN REVIEWING A REPATRIATION CLAIM A lineal descendant is an individual tracing his or her ancestry directly and without interruption by: means of the traditional kinship system of the appropriate tribal o…

2.65.406 DELAY OF REPATRIATION FOR SCIENTIFIC STUDY If the hearing examiner determines that a possessing entity has provided evidence supporting a good faith effort regarding scientific study, the hearing examiner shall provide a reasonable period of delay, not to exceed 12 month…

2.67.101 ORGANIZATION OF BOARD This rule describes the organization and functions of the board of county printing. History . The county printing commission was established by the legislature in 1967. The commission consists of five members appointed by the governor for terms of t…

2.67.201 INCORPORATION OF MODEL RULES The Board of County Printing adopts and incorporates by reference the Secretary of State's model rules ARM 1.3.301, 1.3.302, 1.3.304, 1.3.305, 1.3.307 through 1.3.309, and 1.3.311 through 1.3.313 in effect October 16, 2009. These rules define…

2.67.301 POWERS AND DUTIES OF BOARD (REPEALED) Authorizing statute(s): 7-5-2404, 18-7-404, MCA Implementing statute(s): 7-5-2404, 18-7-404, MCA History: Eff. 12/31/72; TRANS, from Dept. of Comm. Affairs, Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2000 MAR p. 630, Eff. 2/25/00; TRANS, fr…

2.67.302 COUNTY COMMISSIONERS TO CONTRACT FOR COUNTY LEGAL ADVERTISING (REPEALED) Authorizing statute(s): 7-5-2405, 18-7-405, MCA Implementing statute(s): 7-5-2411, 18-7-411, MCA History: Eff. 12/31/72; TRANS, from Dept. of Comm. Affairs, Ch. 274, L. 1981, Eff. 7/1/81; AMD, 2000 …

2.67.303 OFFICIAL MAXIMUM PRICES AND PRINTING STANDARDS Rates for county legal advertising may not exceed $13 for the first folio insertion and $11 for each subsequent insertion. The following is the basis of measurement for the computation of folios in the various sizes of type …

2.67.304 SCHEDULE OF PRICES (REPEALED) Authorizing statute(s): 7-5-2404, MCA Implementing statute(s): 7-5-2404, MCA History: NEW, Eff. 12/31/72; AMD, Eff. 1/2/77; TRANS, from Dept. of Comm. Affairs, Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 1924, Eff. 12/30/83; REP, 2000 MA…

2.69.101 ORGANIZATION OF THE STATEWIDE PUBLIC DEFENDER SYSTEM The organization and function of the statewide public defender system are described in this rule. History . The statewide public defender system was established by Chapter 449, Laws of 2005, and reorganized by Chapter …