Montana Administrative Code

44.10.411 INCIDENTAL POLITICAL COMMITTEE, FILING SCHEDULE, REPORTS (REPEALED) Authorizing statute(s): 13-37-114, 13-37-226(5), MCA Implementing statute(s): 13-37-226(5), MCA History: NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1243, Eff. 12/25/77; AMD, 1979 MAR p. 653, E…

44.10.507 TRANSFER OF CONTRIBUTION TO CAMPAIGN TREASURER (REPEALED) Authorizing statute(s): 13-37-114, MCA Implementing statute(s): 13-37-207, 13-37-229, MCA History: NEW, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; REP, 2016 MAR p. 28, Eff. 1/9/16.

44.10.523 AGGREGATE CONTRIBUTIONS - DEFINITION, REPORTING (REPEALED) Authorizing statute(s): 13-37-114, MCA Implementing statute(s): 13-37-216, 13-37-229, MCA History: NEW, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; REP, 2016 MAR p. 28, Eff. 1/9/16.

44.10.601 OVERLAPPING SALARIES FROM MULTIPLE PUBLIC EMPLOYERS "Public employee" and "public officer" are defined in 2-2-102, MCA. For purposes of this rule, "public employee" does not include an employee in the federal system. All state public employees, state public officers, an…

44.10.603 DEFINITIONS The following definitions shall apply throughout this chapter: "Commissioner" means the commissioner of political practices created under 2-15-411 and 13-37-102, MCA. "Complainant" means any person who files a complaint with the commissioner under Title 2, c…

44.10.604 COMPLAINT, WHO MAY FILE A complaint may be filed with the commissioner by any person alleging a violation of the ethics code by a state officer, state employee, or a legislator, so long as the alleged violation against a legislator does not pertain to a legislative act.…

44.10.605 FILING, AMENDING COMPLAINTS Complaints shall be in writing and shall be sworn to before a notary public or other person authorized by law to administer oaths. A complaint may be amended to cure defects or omissions, verify the original claim, swear or affirm that the ch…

44.10.607 COMPLAINT CONTENTS A complaint shall contain the following: the full name, address, and telephone number, if any, of the person making the complaint (complainant) ; the full name, address, and telephone number, if any, of the person against whom the complaint is made (r…

44.10.608 WITHDRAWAL OF A COMPLAINT Any person who has filed a complaint with the commissioner may request in writing that the complaint be withdrawn. Upon receipt of a written request for withdrawal of the complaint, the commissioner shall dismiss the complaint. Authorizing stat…

44.10.610 NOTICE OF FILING A COMPLAINT After a complaint is filed, the commissioner shall promptly furnish the respondent with written notice of the complaint. The notice shall include identification of the person filing the complaint and a copy of the complaint. Authorizing stat…

44.10.612 CONFIDENTIALITY The commissioner shall maintain the confidentiality of privacy interests entitled to protection by law. Authorizing statute(s): Sec. 2-2-136, MCA Implementing statute(s): Sec. 2-2-136, MCA History: NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049…

44.10.613 INFORMAL CONTESTED CASE HEARING After the commissioner has asserted jurisdiction over a complaint, a hearing date will be set by the hearing examiner. The matter shall proceed in accordance with the Administrative Procedure Act, Title 2, chapter 4, part 6, MCA. For purp…

44.10.621 BUSINESS DISCLOSURE For purposes of form D-1 Business Disclosure Statement, the term "other business interests" means: any interest of 10% or greater, the current fair market value of which is $1000 or more, in any business, firm, corporation, partnership, or other busi…

44.11.101 ORGANIZATIONAL RULE Organization of the Office of the Commissioner of Political Practices (COPP). History. The position of the Commissioner of Political Practices (commissioner) was created by the Legislature in 1975. Administrative Attachment The Office of the Commissi…

44.11.102 ADVISORY OPINIONS AND SELECTED INCORPORATION OF CERTAIN ATTORNEY GENERAL RULES, REGARDING DECLARATORY RULINGS AND RULEMAKING In cases when a formal declaratory ruling proceeding is requested by a person through the filing of a petition as prescribed in ARM 1.3.226, the …

44.11.103 INTRODUCTION AND DEFINITIONS All statutory references in these rules refer to the Montana Code Annotated, unless otherwise indicated. Terms used in these rules shall be construed, unless the meaning is clearly apparent from the language or context, or unless such constr…

44.11.104 CONSTRUCTION OF RULES These rules shall be interpreted and applied to permit the commissioner to discharge the statutory functions of the office and to secure a just and speedy determination of all matters before the commissioner. Authorizing statute(s): 13-37-114, MCA …

44.11.105 PRACTICE REGARDING APPLICATION OF RULES In any matter not specifically addressed by these rules, the commissioner shall exercise discretion so as to execute the purposes of the applicable law, without exceeding the statutory authority identified in ARM 44.11.101. Author…

44.11.106 COMPLAINTS OF VIOLATIONS An individual who believes a violation of a provision of Title 13, chapters 35 or 37, MCA, or a rule or regulation implementing one or more of those statutory provisions has occurred may file a written complaint in person or by mail with the com…

44.11.107 COPYING OF PUBLIC RECORDS The commissioner shall charge an amount authorized by law for providing copies of public records. This charge is the amount necessary to reimburse the office for its actual costs incident to such copying. Authorizing statute(s): 13-37-114, MCA …

44.11.201 STATEMENT OF ORGANIZATION - POLITICAL COMMITTEE, INFORMATION REQUIRED A statement of organization required to be filed pursuant to 13-37-201 and 13-37-205, MCA, shall include, but not be limited to: The complete name and address of a political committee. The complete na…

44.11.202 POLITICAL COMMITTEE, DEFINITION AND EXCEPTIONS A political committee has the meaning as defined in 13-1-101, MCA. A political committee must register with the commissioner at the time and in the manner set out in 13-37-201, MCA, and ARM 44.11.201 and 44.11.302. Subunits…

44.11.203 PRIMARY PURPOSE The term "primary purpose" refers to the major, principal, or important goal, function, or reason for existence of a political committee. The commissioner may determine that the primary purpose of a political committee is to support or oppose candidates …

44.11.204 POLITICAL COMMITTEE, CLASSIFICATION A political committee shall be classified as a ballot issue committee, incidental committee, independent committee, or political party committee as defined in 13-1-101, MCA . The commissioner may review a political committee’s classif…

44.11.220 STATEMENT OF CANDIDACY "Candidate" is defined in 13-1-101, MCA. A candidate, whether or not the office for which the individual will seek nomination or election is known, shall file certification with the commissioner pursuant to 13-37-201, MCA, within five business day…