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Montana Statutes, Title 44

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Montana/Statutes

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Title 44, Title 44

13 chapters · 287 sections in this title.

All chapters in Title 44287 Ch 1, HIGHWAY PATROL59 Ch 4, MISCELLANEOUS FUNCTIONS OF DEPARTMEN…54 Ch 2, INVESTIGATION, COMMUNICATION, AND ID…39 Ch 5, CRIMINAL JUSTICE INFORMATION37 Ch 7, BOARD OF CRIME CONTROL19 Ch 3, MONTANA FORENSIC SCIENCE SYSTEM ACT18 Ch 11, MUTUAL ASSISTANCE RIGHTS OF ASSISTIN…15 Ch 15, FACIAL RECOGNITION FOR GOVERNMENT USE12 Ch 12, SEIZURES RELATED TO CONTROLLED SUBST…11 Ch 10, LAW ENFORCEMENT ACADEMY10 Ch 6, DNA RECORDS9 Ch 13, SPECIAL LAW ENFORCEMENT ASSISTANCE F…3 Ch 14, DISPOSITION OF PROPERTY1

59 sections·Filtered byTitle 44✕Ch 1✕

Mont. Code Ann. § 44-1-805 Reinstatement And Backpay Upon Exoneration
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If after the hearing the department of justice finds that the charge or charges made against the patrol officer are not true, the department shall reinstate the accused patrol officer to the officer's position and rank and shall order the payment of any salary withheld pending th…
Mont. Code Ann. § 44-1-806 Disciplinary Action
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(1) If after a hearing, the department of justice finds that any charge or charges made against the patrol officer are true, it may punish the patrol officer by suspension without pay, demotion, or discharge. (2) A discharge after a hearing is exempt from the Wrongful Discharge F…
Mont. Code Ann. § 44-1-807 Length Of Suspension
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A member under suspension shall be on leave without pay for a period not to exceed 30 days.
Mont. Code Ann. § 44-1-808 Demotion Pay Status
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In cases of disciplinary action resulting in demotion, the member must receive the pay of the rank to which the member is demoted.

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Mont. Code Ann. § 44-1-901 Right To Appeal

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(1) A patrol officer who is suspended, demoted, or discharged has a right of appeal: (a) to the district court in the county in which the claim arose or to the district court of Lewis and Clark County; or (b) pursuant to the terms of a grievance procedure contained in a collectiv…

Mont. Code Ann. § 44-1-902 Action By Court

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The district court shall review a decision or determination appealed pursuant to 44-1-901(1)(a) under the standard of review provided in 2-4-704 and render its decision within 90 days from the filing of the appeal.

Mont. Code Ann. § 44-1-903 Reinstatement And Backpay Upon Reversal Or Modification

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If the decision or determination of the department of justice is finally reversed or modified, the accused patrol officer must be reinstated in the officer's position. Upon reinstatement, the department shall pay to the patrol officer any salary or wages withheld from the officer…

Mont. Code Ann. § 44-1-909 Exemption

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A member of the highway patrol covered by a collective bargaining agreement is subject to the disciplinary procedures contained in the collective bargaining agreement and is not subject to Title 44, chapter 1, parts 7 and 8.

Mont. Code Ann. § 44-1-910 Waiver

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A patrol officer may waive, in writing, the officer's rights under parts 7 and 8 of this chapter and accept discipline considered appropriate by the department of justice.