Montana Administrative Code

8.99.613 LOAN DOCUMENTATION is hereby repealed. Authorizing statute(s): Sec. 17-6-505, 17-6-510, MCA Implementing statute(s): Sec. 17-6-505, MCA History: NEW, 1995 MAR p. 1666, Eff. 8/25/95; REP, 2004 MAR p. 566, Eff. 3/12/04.

8.99.701 DEFINITIONS (REPEALED) Authorizing statute(s): 15-53-203, MCA Implementing statute(s): 15-53-202, 15-53-203, MCA History: NEW, 2000 MAR p. 2403, Eff. 9/8/00; REP, 2004 MAR p 566, Eff. 3/12/04.

8.99.702 APPLICATION FOR TAX CREDITS (REPEALED) Authorizing statute(s): 15-53-203, MCA Implementing statute(s): 15-53-202, 15-53-203, MCA History: NEW, 2000 MAR p. 2403, Eff. 9/8/00; REP, 2004 MAR p. 566, Eff. 3/12/04.

8.99.703 FACTORS THAT ESTABLISH WHETHER ADVANCED TELECOMMUNICATIONS INFRASTRUCTURE PROVIDE IMPROVEMENTS (REPEALED) Authorizing statute(s): 15-53-203, MCA Implementing statute(s): 15-53-203, MCA History: NEW, 2000 MAR p. 2403, Eff. 9/8/00; REP, 2004 MAR p. 566, Eff. 3/12/04.

8.99.704 DEPARTMENT REVIEW AND DECISION (REPEALED) Authorizing statute(s): 15-53-203, MCA Implementing statute(s): 15-53-203, MCA History: NEW, 2000 MAR p. 2403, Eff. 9/8/00; REP, 2004 MAR p. 566, Eff. 3/12/04.

8.99.705 APPLICATION TIMELINES (REPEALED) Authorizing statute(s): 15-53-203, MCA Implementing statute(s): 15-53-203, MCA History: NEW, 2000 MAR p. 2403, Eff. 9/8/00; REP, 2004 MAR p. 566, Eff. 3/12/04.

8.99.801 DEFINITIONS (REPEALED) Authorizing statute(s): 39-11-201, MCA Implementing statute(s): 39-11-201, MCA History: NEW, 2003 MAR p. 2855, Eff. 12/25/03; TRANS & AMD, 2005 MAR p. 1915, Eff. 10/7/05; REP, 2013 MAR p. 1182, Eff. 7/12/13.

8.99.802 GRANT APPLICATION PROCEDURE (REPEALED) Authorizing statute(s): 39-11-201, MCA Implementing statute(s): 39-11-201, MCA History: NEW, 2003 MAR p. 2855, Eff. 12/25/03; TRANS & AMD, 2005 MAR p. 1915, Eff. 10/7/05; REP, 2013 MAR p. 1182, Eff. 7/12/13.

8.99.803 INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS FOR GRANTS SUBMITTED TO COMMITTEE (REPEALED) Authorizing statute(s): 39-11-201, MCA Implementing statute(s): 39-11-201, 39-11-202, MCA History: NEW, 2003 MAR p. 2855, Eff. 12/25/03; TRANS…

8.99.804 GRANT AWARD CRITERIA (REPEALED) Authorizing statute(s): 39-11-201, MCA Implementing statute(s): 39-11-201, 39-11-202, MCA History: NEW, 2003 MAR p. 2855, Eff. 12/25/03; TRANS & AMD, 2005 MAR p. 1915, Eff. 10/7/05; REP, 2013 MAR p. 1182, Eff. 7/12/13.

8.99.805 AUDIT CRITERIA (REPEALED) Authorizing statute(s): 39-11-201, MCA Implementing statute(s): 39-11-201, 39-11-202, MCA History: NEW, 2003 MAR p. 2855, Eff. 12/25/03; TRANS, 2005 MAR p. 1915, Eff. 10/7/05; REP, 2013 MAR p. 1182, Eff. 7/12/13.

8.99.806 INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS The department adopts and incorporates by reference the 2019 Biennium Primary Sector Workforce Training Grant Application Guidelines (August 2018), with the guidelines being posted on the…

8.99.901 DEFINITIONS (REPEALED) Authorizing statute(s): 90-1-201, MCA Implementing statute(s): 90-1-201, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2007 MAR p. 346, Eff. 3/23/07; AMD, 2008 MAR p. 324, Eff. 2/15/08; AMD, 2009 MAR p. 141, Eff. 2/13/09; AMD, 2010 MAR p. …

8.99.902 SCOPE AND PURPOSE OF ADMINISTRATIVE RULES (REPEALED) Authorizing statute(s): 90-1-204, MCA Implementing statute(s): 90-1-204, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2010 MAR p. 738, Eff. 3/26/10; REP, 2012 MAR p. 1255, Eff. 6/22/12.

8.99.903 PURPOSE OF BIG SKY ECONOMIC DEVELOPMENT PROGRAM (REPEALED) Authorizing statute(s): 90-1-202, MCA Implementing statute(s): 90-1-202, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2009 MAR p. 141, Eff. 2/13/09; AMD, 2010 MAR p. 738, Eff. 3/26/10; REP, 2012 MAR p. …

8.99.904 INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS (REPEALED) Authorizing statute(s): 90-1-204, MCA Implementing statute(s): 90-1-204, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2007 MAR p. 346, Eff. 3/23/07; AMD, 2008 MAR p. …

8.99.905 DISTRIBUTION OF FUNDS FROM THE BIG SKY ECONOMIC DEVELOPMENT ACCOUNT (REPEALED) Authorizing statute(s): 90-1-205, MCA Implementing statute(s): 90-1-205, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2009 MAR p. 141, Eff. 2/13/09; AMD, 2010 MAR p. 738, Eff. 3/26/1…

8.99.906 ENTITIES BARRED FROM RECEIVING FUNDS (REPEALED) Authorizing statute(s): 90-1-205, MCA Implementing statute(s): 90-1-205, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; REP, 2012 MAR p. 1255, Eff. 6/22/12.

8.99.907 FORM OF FINANCIAL ASSISTANCE (REPEALED) Authorizing statute(s): 90-1-203, MCA Implementing statute(s): 90-1-203, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2009 MAR p. 141, Eff. 2/13/09; AMD, 2010 MAR p. 738, Eff. 3/26/10; REP, 2012 MAR p. 1255, Eff. 6/22/12.…

8.99.908 MAXIMUM AWARD AMOUNT (REPEALED) Authorizing statute(s): 90-1-204, MCA Implementing statute(s): 90-1-204, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2007 MAR p. 346, Eff. 3/23/07; AMD, 2008 MAR p. 324, Eff. 2/15/08; AMD, 2009 MAR p. 141, Eff. 2/13/09; AMD, 201…

8.99.909 AWARD LIMITATIONS (REPEALED) Authorizing statute(s): 90-1-204, MCA Implementing statute(s): 90-1-204, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; REP, 2012 MAR p. 1255, Eff. 6/22/12.

8.99.910 AWARD MATCH REQUIREMENT (REPEALED) Authorizing statute(s): 90-1-204, MCA Implementing statute(s): 90-1-204, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2009 MAR p. 141, Eff. 2/13/09; AMD, 2010 MAR p. 738, Eff. 3/26/10; REP, 2012 MAR p. 1255, Eff. 6/22/12.

8.99.911 ELIGIBLE USES OF AWARDS (REPEALED) Authorizing statute(s): 90-1-204, MCA Implementing statute(s): 90-1-204, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2009 MAR p. 141, Eff. 2/13/09; AMD, 2010 MAR p. 738, Eff. 3/26/10; REP, 2012 MAR p. 1255, Eff. 6/22/12.

8.99.912 ELIGIBLE BUSINESS (REPEALED) Authorizing statute(s): 90-1-204, MCA Implementing statute(s): 90-1-204, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2007 MAR p. 346, Eff. 3/23/07; AMD, 2008 MAR p. 324, Eff. 2/15/08; AMD, 2009 MAR p. 141, Eff. 2/13/09; AMD, 2010 M…

8.99.913 APPLICATION REVIEW PROCEDURE (REPEALED) Authorizing statute(s): 90-1-204, MCA Implementing statute(s): 90-1-204, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; REP, 2012 MAR p. 1255, Eff. 6/22/12.

8.99.914 AWARD DECISION CRITERIA (REPEALED) Authorizing statute(s): 90-1-204, MCA Implementing statute(s): 90-1-204, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2009 MAR p. 141, Eff. 2/13/09; AMD, 2010 MAR p. 738, Eff. 3/26/10; REP, 2012 MAR p. 1255, Eff. 6/22/12.

8.99.915 ABILITY TO REQUEST ADDITIONAL INFORMATION (REPEALED) Authorizing statute(s): 90-1-204, MCA Implementing statute(s): 90-1-204, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; AMD, 2010 MAR p. 738, Eff. 3/26/10; REP, 2012 MAR p. 1255, Eff. 6/22/12.

8.99.916 FAILURE TO PROVIDE INFORMATION (REPEALED) Authorizing statute(s): 90-1-204, MCA Implementing statute(s): 90-1-204, MCA History: NEW, 2005 MAR p. 2449, Eff. 12/9/05; REP, 2012 MAR p. 1255, Eff. 6/22/12.

8.99.917 INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS The department adopts and incorporates by reference the Big Sky Economic Development Trust Fund Application Guidelines (June 2019), with the most current guidelines being posted on the Bi…

8.99.918 PROGRAMMATIC REQUIREMENTS The department has established the following distribution method, for nonadministrative expenses, of the Big Sky Economic Development Trust Funds: 75% must be allocated for distribution to local governments and tribal governments to be used for …

8.99.919 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTRATION OF THE OPPORTUNITIES IN RURAL ECONOMIES PROGRAM The department adopts and incorporates by reference the Opportunities in Rural Economies Loan Participation and Economic Development Organization Capacity Building Gran…

10.1.101 ORGANIZATIONAL RULE Organization of the Office of Public Instruction. The Office of Public Instruction (OPI) was implemented under the provisions of section 1, chapter 86 of the Laws of Montana, 1903, and section 14, chapter 5, Revised Codes of Montana, 1947. The office …

10.10.101 VALID OBLIGATION CRITERIA FOR ENCUMBRANCES The district may encumber current year appropriations for valid obligations existing as of June 30th. Encumbrances outstanding at year end shall be added to current year expenditures to arrive at the budgetary basis expenditure…

10.10.201 ESTABLISHMENT A single payroll or claims clearing account may be established for elementary and high school districts. Authorizing statute(s): 20-9-220, MCA Implementing statute(s): 20-9-220, MCA History: NEW, 1987 MAR p. 2375, Eff. 12/25/87.

10.10.202 MONTHLY TRANSFERS TO EQUAL WARRANTS ISSUED PLUS UNREMITTED PAYROLL LIABILITIES Warrants issued from the clearing account and unremitted payroll liabilities must equal the total of the amounts transferred to the clearing accounts. The county treasurer must be notified by…

10.10.203 REPORTS (REPEALED) Authorizing statute(s): 20-9-220, MCA Implementing statute(s): 20-9-220, MCA History: NEW, 1987 MAR p. 2375, Eff. 12/25/87; REP, 1990 MAR p. 717, Eff. 4/13/90.

10.10.204 WARRANTS (REPEALED) Authorizing statute(s): 20-9-220, MCA Implementing statute(s): 20-9-220, MCA History: NEW, 1987 MAR p. 2375, Eff. 12/25/87; REP, 1990 MAR p. 717, Eff. 4/13/90.

10.10.205 RECONCILIATION The clearing accounts shall be reconciled each month. The total of the unpaid outstanding warrants and unpaid payroll liabilities shall equal the cash remaining in each clearing account. Authorizing statute(s): 20-9-102, 20-9-201, 20-9-220, MCA Implementi…

10.10.206 INSUFFICIENT CASH AVAILABLE If the sum of the cash available in all funds of the district is insufficient to finance the transfers to the clearing accounts, a warrant must be issued from the depleted budgeted fund(s) for transfer to the clearing accounts. This transfer …

10.10.207 TRANSFERS-NONBUDGETED FUNDS Transfers to clearing accounts and warrants issued cannot be made from nonbudgeted funds in excess of the cash available. Cash available shall include cash on hand and receivables to be collected within 30 days. Authorizing statute(s): 20-9-1…

10.10.208 VOIDED WARRANTS If a warrant is subsequently voided, the warrant must be deleted from the payroll or claim account's outstanding warrant list and the cash returned to the fund(s) which had originally transferred the money. If the voided warrant was issued against the cu…

10.10.209 INTEREST EARNED Interest revenue shall not be recorded in payroll and claims clearing accounts. Interest earned on the investment of money in payroll and claims clearing accounts shall be added to the regular interest earnings for distribution to the various funds. Auth…

10.10.301 CALCULATING TUITION RATES Regular Tuition. The district of residence must pay the district of attendance the rate as set in 20-5-323, MCA. For a kindergarten student enrolled in a half-time program as provided in 20-1-301(2)(a), MCA, and a preschool child with disabilit…

10.10.301A DEFINITIONS (REPEALED) Authorizing statute(s): 20-9-102, MCA Implementing statute(s): 20-9-102, MCA History: NEW, 1992 MAR p. 209, Eff. 2/14/92; REP, 1994 MAR p. 1824, Eff. 7/8/94.

10.10.301B OUT-OF-DISTRICT ATTENDANCE AGREEMENTS For purposes of this rule: a child's guardian means an adult who is responsible for the child and has the reciprocal rights, duties and responsibilities with the child and whose status is created and defined by law; placement by a …

10.10.301C OUT-OF-STATE ATTENDANCE AGREEMENTS The Superintendent of Public Instruction is authorized to establish reciprocal agreements for out-of-state attendance with border states or provinces. The tuition charge for a Montana student attending school in a state or province wi…

10.10.301D TUITION REPORTS Following the close of each fiscal year, the trustees of a district shall provide an out-of-district attendance report to the Superintendent of Public Instruction. That report shall be in a format prescribed by the Superintendent of Public Instruction a…

10.10.302 PAYMENT AND CLOSING OF PRIOR YEAR ACCRUED EXPENDITURES AND ENCUMBRANCES A list showing the detail and total amount of accrued expenditures and encumbrances reported by fund shall be retained by the district for audit purposes. All accrued expenditures and encumbrances, …

10.10.303 COST ALLOCATIONS BETWEEN DISTRICTS In the event certain shared costs, such as administrative costs, curriculum coordinator salaries, school psychologist salaries, etc., cannot reasonably be identified directly to either the elementary district or the high school distric…

10.10.304 STUDENT EXTRACURRICULAR ACTIVITY FUNDS School districts maintaining student extracurricular activity funds may use a separate checking account or the county treasurer as a depository for student funds. To allow the Superintendent of Public Instruction to comply with rep…