Montana Administrative Code

38.2.5007 PROTECTIVE ORDER--REQUESTS, TIMING OF REQUESTS, AND PROCEDURE Confidential information will be protected only on commission approval of a request by a provider. Prior to requesting a protective order, the provider must determine, following a thorough legal and factual e…

38.2.5008 PROTECTIVE ORDER--ISSUANCE, CHALLENGE TO CONFIDENTIALITY, BURDEN ON PROVIDER, NOTICE OF CHANGE OF STATUS OF PROTECTED INFORMATION Protective orders will include all or part of these rules by reference, will include a general nonconfidential description of the protected …

38.2.5010 PROTECTIVE ORDER--EXTENSION TO ADDITIONAL INFORMATION, EXTENSION TO OTHER PROVIDERS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-105, MCA History: NEW, 2000 MAR p. 2037, Eff. 7/28/00; REP, 2004 MAR p. 2592, Eff. 10/22/04.

38.2.5012 NONDISCLOSURE AGREEMENTS--GENERAL All persons, including legal counsel, having a right pursuant to protective order to access confidential information, shall sign and file with the commission and serve on the provider a nondisclosure agreement, on a form as attached to …

38.2.5014 PROTECTIVE ORDER--STANDARD TERMS AND CONDITIONS --GENERAL Confidential information must not be provided to, disclosed to, discussed with, or accessed by any person, including legal counsel, who has not first signed a commission-approved nondisclosure agreement, thereby …

38.2.5015 PROTECTIVE ORDER--STANDARD TERMS AND CONDITIONS --IDENTIFICATION OF CONFIDENTIAL INFORMATION Except as otherwise ordered by the commission, confidential or claimed confidential information must be provided and maintained at all times on yellow paper, and must be clearly…

38.2.5016 PROTECTIVE ORDER--STANDARD TERMS AND CONDITIONS --PROVIDING CONFIDENTIAL INFORMATION--NON-CONFIDENTIAL WRITTEN SUMMARY (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-105, MCA History: NEW, 2000 MAR p. 2037, Eff. 7/28/00; AMD, 2004 MAR p. …

38.2.5017 PROTECTIVE ORDER--STANDARD TERMS AND CONDITIONS --PROVIDING CONFIDENTIAL INFORMATION--GENERAL On request of a requesting party, the provider shall provide confidential information pursuant to the governing protective order. The commission and all requesting parties havi…

38.2.5020 PROTECTIVE ORDER--STANDARD TERMS AND CONDITIONS --MAINTENANCE AND USE OF CONFIDENTIAL INFORMATION--GENERAL (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-105, MCA History: NEW, 2000 MAR p. 2037, Eff. 7/28/00; AMD, 2004 MAR p. 2592, Eff. 1…

38.2.5021 PROTECTIVE ORDER--STANDARD TERMS AND CONDITIONS --USE OF CONFIDENTIAL INFORMATION--GENERAL Where written or oral reference to confidential information is required, reference must be by general citation of title or exhibit number or by nonconfidential description and sum…

38.2.5022 PROTECTIVE ORDER--STANDARD TERMS AND CONDITIONS --ACCESS AND MAINTENANCE OF CONFIDENTIAL INFORMATION--COMMISSION Except as otherwise provided by the commission in a protective order, commissioners and commission staff, may have access to all confidential information mad…

38.2.5023 PROTECTIVE ORDER--STANDARD TERMS AND CONDITIONS --ACCESS AND MAINTENANCE OF CONFIDENTIAL INFORMATION--PARTIES The provider, and legal counsel for requesting parties who have been granted access to confidential information, must give confidential information to legal cou…

38.2.5024 PROTECTIVE ORDER--STANDARD TERMS AND CONDITIONS --ACCESS AND MAINTENANCE OF CONFIDENTIAL INFORMATION--EMPLOYEE EXPERTS OF PARTIES Legal counsel for a requesting party may propose access to confidential information by an employee expert of the requesting party in accorda…

38.2.5027 PUBLIC ACCESS TO CONFIDENTIAL INFORMATION (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-105, MCA History: NEW, 2000 MAR p. 2037, Eff. 7/28/00; AMD, 2004 MAR p. 2592, Eff. 10/22/04; REP, 2007 MAR p. 2135, Eff. 12/21/07.

38.2.5028 PROTECTIVE ORDER--STANDARD TERMS AND CONDITIONS --ACCESS AND MAINTENANCE OF CONFIDENTIAL INFORMATION--PUBLIC A person not a party to a proceeding in which a protective order has been issued may request access to confidential information in accordance with the following …

38.2.5030 CONFIDENTIAL INFORMATION--REMOVAL OF PROTECTION, RETURN TO PROVIDER Confidential information remains protected permanently, whether or not returned to the provider, unless: the commission otherwise orders following notice and opportunity to be heard; the provider agrees…

38.2.5031 INFORMATION TRANSPARENCY RULE Any information held in the possession of the commission is open to the public for inspection and copying in accordance with 2-6-102, MCA, during regular business hours, as defined by 2-16-117, MCA, except for information listed in (2). Inf…

38.2.601 DEFINITIONS The definitions contained in 69-12-101, 69-1-101, 69-13-101, 69-3-101, and 69-14-101, MCA, shall be applicable to all rules and regulations of the commission, and unless otherwise defined the following terms shall have the following meanings: "Public utility …

38.2.901 PARTIES Parties to proceedings before the commission are known as applicants, petitioners, complainants, defendants, respondents, intervenors and protestants, identified as follows: "Applicant" means any party who files an application with the commission requesting; the …

38.3.1001 EXCLUSION FROM THE DEFINITION OF MOTOR CARRIER FOR TRANSPORTATION INCIDENTAL TO PRINCIPAL BUSINESS Except as may be limited by law or these rules, a person who is otherwise within the definition of "motor carrier" under section 69-12-101 , MCA, and related provisions, a…

38.3.1002 SUBSTANTIVE DEFINITION OF KEY WORDS AND PHRASES For the purposes of these rules, the following terms have the meanings assigned unless the context dictates otherwise: "Principal business" means a business which, in relation to the transportation which is purported to be…

38.3.1003 FACTORS When considering whether transportation is incidental to a principal business the com-mission may consider any and all factors that have a reasonable bearing on the required ultimate determination of whether a principal business actually exists and whether the t…

38.3.1004 EFFECT OF COMPETITION WITH REGULATED MOTOR CARRIERS Transportation incidental to a principal business, as provided in these rules, remains not regulated even though it may compete with regulated motor carriage. Authorizing statute(s): Sec. 69-12-201, MCA Implementing st…

38.3.1005 EXCLUSION INAPPLICABLE IN CERTAIN PRINCIPAL BUSINESSES The exclusion for transportation incidental to a principal business, as provided in these rules, does not apply when: the principal business is waste landfilling and the transportation in question is transportation …

38.3.101 GENERALLY The rules in chapter 3 shall apply to the enforcement of and compliance with the Montana Motor Carrier Act ( 69-12-101, et seq., MCA). All statutory authority cited in chapter 3 is derived from the Montana Code Annotated, as amended, unless otherwise indicated.…

38.3.102 DEFINITIONS Definitions of terms as utilized under the Montana Motor Carrier Act generally shall be that meaning as utilized within the motor carrier industry or utilized by this commission in prior commission policy. Authorizing statute(s): Sec. 69-12-201, MCA Implement…

38.3.103 VICINITY, TRIBUTARY, RADIUS, BETWEEN Unless otherwise specified the following words, terms and phrases used in the orders, certificates and permits issued by the commission shall be given the following meanings: The words, "adjacent to," "vicinity," "immediate vicinity" …

38.3.104 "CONTRACT" VS. "COMMON" CARRIER A "contract" carrier is one who hauls for six or less than six shippers under contract or special agreement. A "common" carrier is one who holds himself out to serve all the general public for business at regular rates and charges filed wi…

38.3.105 DEFINITION OF VEHICLES DELIVERED BY TRAILAWAY OR TRUCKAWAY (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-101(7), MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.106 COMMERCIAL, AREA EXEMPTION For the purposes of applying the exemption from the Montana Motor Carrier Act contained in 69-12-102(d) , MCA, the term "commercial areas" shall include all points within a distance not exceeding two miles from the post office of any city, town…

38.3.1101 TRANSPORTATION OF HOUSEHOLD GOODS (REPEALED) Authorizing statute(s): 69-12-201, MCA Implementing statute(s): 69-12-101, et seq. , MCA History: Eff. 12/31/72; AMD, 1996 MAR p. 1568, Eff. 6/7/96; REP, 2021 MAR p. 1556, Eff. 11/6/21.

38.3.1104 STATEWIDE AUTHORITY FOR TRANSPORTATION OF BUILDINGS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-331, MCA History: NEW, 1979 MAR p. 1390, Eff. 11/16/79; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.116 TRANSPORTING FOR HIRE ON A COMMERCIAL BASIS Every motor carrier as defined within the Montana Motor Carrier Act (69-12-101, MCA) is deemed to be in the business of transporting people or property for hire on a commercial basis upon the public highways of the state of Mon…

38.3.117 IDENTIFICATION OF VEHICLE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-408, 12/31/72 History: REP, 1990 MAR p. 1263, Eff. 6/29/90.

38.3.118 LOST OR MISPLACED OPERATING AUTHORITY When an original or copy of the certificate or permit is lost, the owner may have it replaced by making an affidavit of the facts surrounding the loss and applying to the commission for a duplicate. Authorizing statute(s): Sec. 69-12…

38.3.119 COPIES OF COMMISSION RULES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Secs. 69-12-101, et seq. , MCA History: Eff. 12/31/72; REP, 1983 MAR p. 1735, Eff. 11/26/83.

38.3.120 FAILURE OF ANY OWNER, DRIVER OR OPERATOR TO COMPLY WITH RULES Failure on the part of any owner, driver or operator of a motor vehicle to comply with chapter 3 and the requirements of the Montana Code Annotated and acts amendatory thereof and supplemental thereto covering…

38.3.1201 USUAL BUSINESS OPERATION A motor carrier who possesses a Class D motor carrier certificate conducts his Class D activities "as part of the motor carrier's usual business operation" as that requirement is set out in section 69-12-314 (2) , MCA, if the carrier actually tr…

38.3.1202 REGULAR BASIS A motor carrier who possesses a Class D certificate conducts his Class D activities "on a regular basis" as that requirement is set out in Section 69-12-314 (2) , MCA, if the carrier actually transports Class D materials on a frequent or recurring basis. A…

38.3.1203 RETAINING CLASS D CERTIFICATE A motor carrier who possesses a Class D motor carrier certificate and who can show that its class D service is used by at least 20 customers per month during each month of the calendar year, or can show that its Class D service generates no…

38.3.1204 OTHER CIRCUMSTANCES ALLOWING RETENTION OF CLASS D CERTIFICATE A motor carrier who possesses a Class D motor carrier certificate but who because of seasonal operations or other circumstances cannot meet either of the conditions stated in ARM 38.3.1203(1) , must submit to…

38.3.1205 REPORTS In order to be entitled to retain its class D authority, on or before March 31st of each year, every class D carrier must submit with its annual report to the commission one of the following concerning its operations for the previous calendar year: A report on a…

38.3.1206 ADDITIONAL INFORMATION REQUIRED BY THE COM- MISSION At any time, the commission may in its discretion require any class D carrier to submit additional supporting evidence beyond that received in accordance with ARM 38.3.1204 or ARM 38.3.1205. Upon refusal to submit addi…

38.3.1207 SHOW CAUSE ORDER When under the provisions of this sub-chapter the commission determines that a class D carrier is not in compliance with section 69-12-314 (2) , MCA, the commission may issue an order to show cause why the certificate should not be revoked pursuant to s…

38.3.121 FILING BUSINESS ADDRESSES AND TELEPHONE NUMBERS All intrastate and interstate motor carriers shall maintain current business mailing addresses and business telephone numbers on file with the commission at all times. Intrastate motor carriers shall also maintain on file w…

38.3.122 BONA FIDE FARMER, RANCHER, OR RAISER OF LIVESTOCK (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-405, MCA History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; REP, 1996 MAR p. 1568, Eff. 6/7/96.

38.3.124 RECEIPT CONTENT For purposes of this rule, "receipt" has its common meaning and also includes a bill of lading, trip ticket, log sheet, and like documents or records evidencing a transportation movement. When a commission-regulated motor carrier provides a receipt to a s…

38.3.130 MEANING AND EFFECT OF CLASS D LANDFILL CLOSURE PROVISION For purposes of this rule "landfill closure provision" means a provision within a Class D motor carrier authority which states "carrier is allowed to transport authorized commodities to certified landfills from the…

38.3.1303 CLASS C CARRIER CONTRACTS -- REQUIRED PROVISIONS, SUMMARY (REPEALED) Authorizing statute(s): 69-12-201, MCA Implementing statute(s): 69-12-301, 69-12-302, 69-12-313, MCA History: NEW, 1990 MAR p. 1263, Eff. 6/29/90; REP, 2023 MAR p. 1625, Eff. 11/18/23.

38.3.1304 CLASS C CARRIER -- PICKUP AND DELIVERY (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-12-201, MCA Implementing statute(s): Sec. 69-12-302, MCA History: NEW, 1990 MAR p. 1263, Eff. 6/29/90; REP, 1996 MAR p. 1568, Eff. 6/7/96.