Montana Administrative Code

2.21.6605 SHORT TITLE This subchapter may be cited as the Employee Records Management Policy. Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1981 MAR p. 1776, Eff. 12/18/81; AMD, 2007 MAR p. 612, Eff. 5/11/07.

2.21.6606 POLICY AND OBJECTIVES This policy: defines which records constitute employee records and establishes procedures for collecting and maintaining employee personnel records while protecting an employee's right of privacy under Article II, section 10 of Montana's constituti…

2.21.6607 OBJECTIVES (REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 2-18-102 MCA History: NEW, 1981 MAR p. 1776, Eff. 12/18/81; REP, 1992 MAR p. 1232, Eff. 6/12/92.

2.21.6608 DEFINITIONS As used in this subchapter the following definitions apply: "Access" means viewing or using records. "Confidential information" has the meaning set forth in 2-6-1002(1), MCA. "Employee personnel record" means information relating to an employee's employment …

2.21.6609 DOCUMENT REPORT (REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 2-18-102 MCA History: NEW, 1981 MAR p. 1776, Eff. 12/18/81; REP, 1992 MAR p. 1232, Eff. 6/12/92.

2.21.6610 ADOPTION OF DEPARTMENT POLICY (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1992 MAR p. 1232, Eff. 6/12/92; REP, 2007 MAR p. 612, Eff. 5/11/07.

2.21.6611 ACCESS TO EMPLOYEE PERSONNEL RECORDS (TRANSFERRED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1992 MAR p. 1232, Eff. 6/12/92; AMD, 2007 MAR p. 612, Eff. 5/11/07; TRANS to ARM 2.21.6615, 2010 MAR p.1070, Eff. 4/30/10.

2.21.6612 RECORDS THAT CONSTITUTE EMPLOYEE PERSONNEL RECORDS Employee personnel records, both electronic and paper, include: preemployment information (resumes, references, interview questions, etc.); compensation, job history, and timekeeping records; employee accident reports a…

2.21.6613 RECORDS CONTAINING GENETIC INFORMATION The federal Genetic Information Nondiscrimination Act (GINA) provides that the following records contain genetic information: an individual's genetic tests, including genetic tests done as part of a research study; genetic tests of…

2.21.6614 EMPLOYEE PERSONNEL RECORDS STORAGE Agencies shall store employee personnel records as follows: I-9 forms for all employees may be stored together, but must be kept separate from other records in a secured area such as a locked cabinet or drawer; employee background chec…

2.21.6615 ACCESS TO EMPLOYEE PERSONNEL RECORDS All employee personnel records are confidential and access is restricted to protect individual employee privacy, except the following employee information which is considered public and must be released upon request: an employee's na…

2.21.6616 EMPLOYEE PERSONNEL RECORDS USE Nothing in this subchapter prohibits authorized users from relying on the content of employee personnel records or in agency procedures when responding to requests for employment information from employers to which employees have applied f…

2.21.6617 EMPLOYEE PERSONNEL RECORDS RETENTION The Montana Secretary of State's Records and Information Management Division maintains a records retention schedule for payroll and personnel records. Most employee personnel records must be kept in the employer's office for three ye…

2.21.6622 CLOSING This subchapter shall be followed unless it conflicts with negotiated labor agreements or specific statutes, which shall govern to the extent applicable. Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1981 MAR p. 1776,…

2.21.6701 SHORT TITLE This sub-chapter may be cited as the incentive award program. Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1103 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; AMD, 1994 MAR p. 2511, Eff. 9/9/94.

2.21.6702 DEFINITIONS The definitions provided in 2-18-1101, MCA, apply to this subchapter. Authorizing statute(s): 2-18-1103, MCA Implementing statute(s): 2-18-1101, 2-18-1102, 2-18-1103, 2-18-1105, 2-18-1106, MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; AMD, 1986 MAR p. 31,…

2.21.6703 POLICY AND OBJECTIVES The policy of the state of Montana is: an incentive award program exists recognizing and monetarily rewarding individual employees, groups or teams of employees, and nonemployees for: ideas, innovations, or prototypes that significantly contribute …

2.21.6704 CREATION OF THE STATE INCENTIVE AWARDS ADVISORY COUNCIL (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1104 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; AMD, 1982 MAR p. 1198, Eff. 6/18/82; AMD, 1986 MAR p. 31, Eff. 1/1…

2.21.6705 CREATION OF AGENCY INCENTIVE AWARDS COMMITTEES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1103 MCA History: NEW, 1982 MAR p. 47, Eff. 3/12/82; REP, 1986 MAR p. 31, Eff. 1/17/86.

2.21.6706 COOPERATION REQUESTED OF AGENCIES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1103 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; AMD, 1986 MAR p. 31, Eff. 1/17/86; AMD, 1987 MAR p. 1337, Eff. 8/14/87; REP, 1994 MAR p.…

2.21.6707 ELIGIBILITY OF SUGGESTIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1103 and 2-18-1105 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; AMD, 1986 MAR p. 31, Eff. 1/17/86; AMD, 1987 MAR p. 1337, Eff. 8/14/87; REP, 1994…

2.21.6708 PROGRAM ADMINISTRATION An agency head makes the final decision to grant an incentive award. Any and all disputes concerning an incentive award will be resolved by the agency head. An agency head may adopt an internal agency policy consistent with this subchapter to impl…

2.21.6709 REPORTING REQUIREMENTS Each agency shall submit to the Department of Administration a list including: the number of incentive awards granted; to whom each award was granted; the estimated value of each achievement or outcome; and the amount of each award. The informatio…

2.21.6710 MODIFICATIONS OF SUGGESTIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1103 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; REP, 1986 MAR p. 31, Eff. 1/17/86.

2.21.6711 INTERAGENCY SUGGESTIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1103 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; REP, 1986 MAR p. 31, Eff. 1/17/86.

2.21.6712 GROUP SUGGESTIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1103 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; REP, 1986 MAR p. 31, Eff. 1/17/86.

2.21.6713 TIME LIMITS ON IMPLEMENTED SUGGESTIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1103 and 2-18-1106, MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; AMD, 1986 MAR p. 31, Eff. 1/17/86; AMD, 1987 MAR p. 1337, Eff. 8/14/…

2.21.6714 INVENTIVE SUGGESTIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1103 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; REP, 1986 MAR p. 31, Eff. 1/17/86.

2.21.6715 RESUBMITTAL OF SUGGESTIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1103 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; REP, 1986 MAR p. 31, Eff. 1/17/86.

2.21.6716 MAXIMUM TIME LIMIT FOR CONSIDERING SUGGESTIONS FOR IMPLEMENTATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1106 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; REP, 1986 MAR p. 31, Eff. 1/17/86.

2.21.6717 AWARDS IN EXCESS OF 5500 (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1106 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; REP, 1986 MAR p. 31, Eff. 1/17/86.

2.21.6718 SUGGESTIONS REQUIRING LEGISLATIVE ACTION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-1103 MCA Implementing statute(s): 2-18-1103 and 2-18-1106 MCA History: NEW, 1982 MAR p. 470, Eff. 3/12/82; AMD, 1986 MAR p. 31, Eff. 1/17/86; AMD, 1987 MAR p. 1337, Eff. 8/14…

2.21.701 SHORT TITLE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 372, Eff. 3/18/05.

2.21.702 POLICY AND OBJECTIVES (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 372, Eff. 3/18/05.

2.21.703 DEFINITIONS (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 372, Eff. 3/18/05.

2.21.704 APPROVAL OF LEAVE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; AMD, 1994 MAR p. 1409, Eff. 5/27/94; REP, 2005 MAR p. 372, Eff. 3/18/05.

2.21.705 REINSTATEMENT (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 372, Eff. 3/18/05.

2.21.706 PAY AND BENEFITS (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 372, Eff. 3/18/05.

2.21.707 LEAVE TO SERVE IN A PUBLIC OFFICE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 372, Eff. 3/18/05.

2.21.708 LEAVE FOR EXTENDED MILITARY SERVICE (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 372, Eff. 3/18/05.

2.21.711 CLOSING (REPEALED) Authorizing statute(s): 2-18-102, MCA Implementing statute(s): 2-18-102, MCA History: NEW, 1982 MAR p. 2012, Eff. 11/11/82; REP, 2005 MAR p. 372, Eff. 3/18/05.

2.21.8001 INTRODUCTION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 2-18-102 MCA History: NEW, 1979 MAR p. 843, Eff. 8/17/79; REP, 1988 MAR p. 2559, Eff. 12/9/88.

2.21.8002 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 2-18-102 MCA History: NEW, 1979 MAR p. 843, Eff. 8/17/79; REP, 1988 MAR p. 2559, Eff. 12/9/88.

2.21.8003 POLICY (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 2-18-102 MCA History: NEW, 1979 MAR p. 843, Eff. 8/17/79; REP, 1988 MAR p. 2559, Eff. 12/9/88.

2.21.8004 INFORMAL GRIEVANCE AND COMPLAINT PROCEDURE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 2-18-102 MCA History: NEW, 1979 MAR p. 843, Eff. 8/17/79; REP, 1988 MAR p. 2559, Eff. 12/9/88.

2.21.8005 FORMAL GRIEVANCE AND COMPLAINT PROCEDURE--RIGHT TO ASSISSTANCE -- WORKING TIME (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 2-18-102 MCA History: NEW, 1979 MAR p. 843, Eff. 8/17/79; REP, 1988 MAR p. 2559, Eff. 12/9/88.

2.21.8006 FORMAL GRIEVANCE AND COMPLAINT PROCEDURE--STEP I (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-18-102 MCA Implementing statute(s): 2-18-102 MCA History: NEW, 1979 MAR p. 843, Eff. 8/17/79; REP, 1988 MAR p. 2559, Eff. 12/9/88.