(1) The department adopts the Montana Statewide 9-1-1 Plan Project – NG9-1-1 Uniform Standards Document dated October 9, 2020, to establish standards to be used in the design and transition to next generation 9-1-1.

(2) The department adopts the Baseline Next Generation 9-1-1 Principles dated October 9, 2020, as principles to guide development and implementation of a next generation core services system (NGCS) and a statewide emergency services Internet protocol (IP) network (ESInet) that is compliant with the National Emergency Numbers Association's (NENA) Detailed Functional and Interface Standards for the NENA i3 Solution.

(3) The documents referenced in (1) and (2) may be viewed at https://sitsd.mt.gov/Governance/Boards-Councils/9-1-1. Copies may be obtained from the Department of Administration, State Information Technology Services Division offices located at 125 North Roberts Street, Helena, Montana 59620. 

(1) "Certified PSAP" means a local or tribal government entity that hosts a public safety answering point certified by the department as provided in ARM 2.13.304.

(2) "Local government" means the same as defined in 7-11-1002(2), MCA.

(3) "PSAP" means a public safety answering point as defined in 10-4-101, MCA.

(4) "PSAP certification requirements" means the requirements of Title 10, chapter 4, MCA, and ARM Title 2, chapter 13, subchapter 3.

(5) "Tribal government" means any one of the seven federally recognized tribal governments of Montana and the Little Shell Tribe of Chippewa Indians.

(1) A local or tribal government entity that hosts a PSAP qualifies as a certified PSAP when it:

(a) operates a 9-1-1 system meeting the minimum requirements under 10-4-103, MCA;

(b) first receives all emergency wireline and wireless voice calls from persons requesting emergency services in the PSAP's service area; and

(c) verifies it meets the PSAP certification requirements by applying with and being approved by the department.

(2) A local or tribal government entity must host a certified PSAP to receive payments under 10-4-305, MCA.

(1) An applicant for certification shall submit an application on a form prescribed by the department. Applications may be found on the department's website at

(2) The application must be complete and must include the following:

(a) a declaration signed by an official authorized to act on behalf of the local or tribal government entity submitting the application that the applicant meets the requirements of ARM 2.13.304(1) and will operate in accordance with the PSAP certification requirements; and

(b) a copy of any agreement required under (3) or (4).

(3) If more than one local government entity is participating in an application:

(a) the local government entities must have entered into an interlocal agreement under 7-11-104, MCA, or other agreement addressing the criteria set forth in 7-11-104, MCA, defining the terms of the parties' participation in the 9-1-1 system; and

(b) the declaration required in (2)(a) must be signed by an official authorized to act on behalf of each local government entity participating in the PSAP and must include an acknowledgment that the participating entities have entered into an interlocal agreement or other agreement addressing the criteria set forth in 7-11-104, MCA.

(4) The applicant must be prepared to provide verification of statements made in its application and declaration if requested by the department.

(5) Following initial certification, to continue to receive payments under 10-4-305, MCA, a local or tribal government entity that hosts a PSAP shall apply for recertification on or before April 1, 2023, and every five years following. In the interim, a certified PSAP shall advise the department of any changes that may affect PSAP certification requirements.

(1) The department shall review applications for certification to determine whether the applicant has met the PSAP certification requirements.

(2) If an applicant meets the PSAP certification requirements, the department shall issue a written determination, and the certified PSAP may begin receiving payments under 10-4-305, MCA.

(3) If an application for PSAP certification is not approved, the department shall send the applicant written notice of any application deficiencies and PSAP certification requirements that were not met.

(4) The applicant shall have 90 days from the date of the notice to correct deficiencies and demonstrate compliance. Except as provided in (5) or (6), if an applicant has not corrected deficiencies and demonstrated compliance with PSAP certification requirements within 90 days, the department shall:

(a) deny the application or grant conditional PSAP certification; and

(b) provide the applicant notice and an opportunity for hearing.

(5) An applicant that has received a deficiency notice may request an additional 90 days to correct deficiencies or demonstrate compliance with PSAP certification requirements.

(6) If an applicant wishes to immediately dispute a department determination, the applicant may ask the department to provide formal notice of denial and an opportunity for hearing.

(7) The department may appoint a hearing examiner to conduct hearings under 2-4-611, MCA.

(8) The final determination in a contested case regarding PSAP certification is made by the department director.

(1) The department may determine a certified PSAP is not in compliance with PSAP certification requirements if a certified PSAP:

(a) is not in compliance with any of the requirements of Title 10, chapter 4, MCA, or ARM Title 2, chapter 13, subchapter 3;

(b) uses or distributes funds for any purpose other than those identified in ARM 2.13.314;

(c) does not timely comply with department requirements; or

(d) has not timely provided information requested by the department.

(2) If the department determines a certified PSAP is not in compliance with a PSAP certification requirement, the department shall send the certified PSAP a deficiency letter identifying the PSAP certification requirement that is not met and the action needed to correct the deficiency. The certified PSAP shall have 30 days from the date of the deficiency letter to correct all deficiencies and demonstrate compliance.

(3) A certified PSAP that has received a deficiency letter may request an additional 30 days to correct deficiencies or demonstrate compliance with PSAP certification requirements.

(4) If a certified PSAP disputes a department determination, the certified PSAP may ask the department to provide formal notice of denial and an opportunity for hearing.

(5) Except as provided in (3) or (4), if a certified PSAP has not corrected all deficiencies and demonstrated compliance with PSAP certification requirements within 30 days of the deficiency letter, the department shall provide the certified PSAP notice and an opportunity for hearing under Title 2, chapter 4, part 6, MCA.

(6) The department may appoint a hearing examiner to conduct hearings under 2-4-611, MCA.

(7) The final determination in a contested case regarding PSAP certification is made by the department director.

(8) When the department makes a final determination that a certified PSAP is not in compliance with PSAP certification requirements, the department may:

(a) reduce or suspend payment to the local or tribal government entity or entities involved in the PSAP;

(b) require repayment of funds expended on activities determined not to meet eligibility requirements; and/or

(c) decertify the local government entity or entities involved in the PSAP.

(1) Funds in the account for fees collected for 9-1-1 services under 10-4-201, MCA, must be allocated as provided in 10-4-305, MCA.

(2) Each certified PSAP must receive an allocation of the total quarterly balance of the 9-1-1 systems account equal in proportion to the quarterly share received by the local or tribal government entity that hosted the PSAP during state fiscal year 2017.

(3) The department maintains a list of the quarterly share received by local or tribal government entities that hosted PSAPs during the state's 2017 fiscal year. The list can be found on the department's website at sitsd.mt.gov/PublicSafetyCommunications.

(1) Funds distributed to a certified PSAP from the 9-1-1 systems account established by 10-4-304, MCA, may be used by the certified PSAP for 9-1-1 purposes for any of the uses set out in the department's February 13, 2018, list of allowable uses, adopted by reference in this rule. The list is available on the department's website at sitsd.mt.gov/PublicSafetyCommunications.

(2) If items, services, or personnel are used or employed for a purpose other than the 9-1-1 system, the department shall allocate funds based on the cost attributable only to the 9-1-1 system. A certified PSAP shall:

(a) advise the department that items, services, or personnel are used or employed for a purpose other than the 9-1-1 system;

(b) calculate the cost of the items, services, or personnel attributable to the 9 1 1 system and provide the calculation and cost to the department; and

(c) provide information verifying the use and calculation upon request by the department.

(3) A certified PSAP may further distribute funds to a local government entity or tribal government participating with the certified PSAP in the 9-1-1 system for any of the uses described in (1).

(1) On or before April 1, a certified PSAP shall submit an annual report documenting the status of payments received by the certified PSAP from the 9-1-1 systems account in a form prescribed by the department. The annual report must document all transactions including distributions, expenditures, and the amount of any funds held in reserve directly attributable to payments received from the 9-1-1 systems account during the preceding years. 

(2) The department shall monitor transactions to ensure payments received from the 9-1-1 systems account are used as provided in ARM 2.13.314. The department may determine a certified PSAP is not in compliance with PSAP certification requirements if funds are not used as provided in ARM 2.13.314.

(3) The department may audit transactions involving payments received from the 9-1-1 systems account and may request information and records necessary to determine whether a certified PSAP is compliant with PSAP certification requirements.

(4) A certified PSAP shall keep and maintain records regarding all transactions involving payments received from the 9-1-1 systems account, including, at minimum, the following:

(a) annual revenue and expenditure report(s);

(b) general ledger report(s) (i.e., detailed ledger queries); and

(c) supporting documentation (i.e., invoices) for each expenditure that verifies that an expenditure is allowable.

(5) A certified PSAP shall maintain the records described in (4) for a period of five years following the date of distribution or expenditure. The department may determine a certified PSAP is not in compliance with PSAP certification requirements if records are not kept and maintained as provided in this rule.

(1) "9-1-1 grant account" means the account established in 10-4-304(2)(b), MCA.

(2) "Certified PSAP" means the same as ARM 2.13.301(1).

(3) "Department's website" means the website sitsd.mt.gov/Governance/Boards-Councils/9-1-1 maintained by the department for the State Information Technology Services Division's Public Safety Communications Bureau.

(4) "Private telecommunications provider" means a provider as defined in 10-4-101(15), MCA.

(1) The following may apply for grants as provided in 10-4-306, MCA:

(a) private telecommunications providers; and

(b) certified PSAPs.

(2) For grant awards made during state fiscal year 2019, expenditures incurred by a grant recipient between July 1, 2018, and the grant award date are eligible for reimbursement with 9-1-1 grant program funding.

(1) An applicant for grant funds shall submit an application on a form approved by the department in consultation with the 9-1-1 Advisory Council. The application form is available on the department's website. In fiscal year 2020 and thereafter, grants will be awarded on a prospective basis.

(2) On or before September 30 each year, the department shall determine and provide public notice of the amount of grant funds available.

(3) The department shall provide notice on its website that it is accepting grant applications. Grant applications must be received by the department within 60 days of the posted notice. The department shall post notice of the application deadline on its website.

(4) The department shall make final grant awards within 90 days of receiving the 9-1-1 Advisory Council's recommendations.

(1) The department, in consultation with the 9-1-1 Advisory Council, shall apply the applicant priority in 10-4-306(3), MCA.

(2) When evaluating eligible applications for grant funding, after applying the preference in 10-4-306(3), MCA, the department, in consultation with the 9-1-1 Advisory Council, may consider:

(a) completeness and effectiveness of the application. The application must be complete and fully address the requirements in the application form and clearly describe the fulfillment of grant award criteria;

(b) the extent to which the application supports planning, implementation, operation, or maintenance of 9-1-1 systems, 9-1-1 services, or both as provided by 10-4-306(2), MCA;

(c) support for the project demonstrated by letters of support from private telecommunications providers, local governments, public safety answering points, and emergency services agencies;

(d) project duration. The department may prioritize projects that require two years or less to complete;

(e) number of applications submitted. The department may prioritize applicants that submit one application over applicants that submit multiple applications in a single grant application cycle;

(f) cost estimate detail. The department may prioritize applications that include a detailed cost estimate, with supporting documentation, that provide a clear justification for the grant funds requested;

(g) equipment and system life cycle. The department may prioritize applications to replace equipment and systems that are at or near end of life or support;

(h) proportion of grant funding requested. The department may prioritize applications that request less than 33% of the total amount of grant funding available during the grant cycle; and

(i) support in the statewide 9-1-1 plan. The department may prioritize applications that address needs identified in the statewide 9-1-1 plan.

(3) The 9-1-1 Advisory Council shall provide grant award recommendations to the department utilizing the criteria listed in (2). All grant determinations are made in the department's discretion, in consultation with the 9-1-1 Advisory Council, subject to the statutory preference in 10-4-306(3), MCA. A grant award may be made even if the applicant does not meet all of the criteria listed in (2); however, it must be clear from the application that the applicant is requesting funds to support an allowable project or expense identified in 10-4-306(2), MCA.

(4) The department, in consultation with the 9-1-1 Advisory Council, may make conditional or partial grant awards.

(5) The department shall post on its website the 9-1-1 Advisory Council’s grant award recommendations and the department’s final grant awards.

(1) Grant award recipients shall provide the department quarterly progress reports. If a grant award recipient provides the department progress reports more often than quarterly, the recipient need not provide the quarterly report.

(2) The department may audit transactions involving funds received from the 9-1-1 grant account and may request information and records necessary to determine whether an expenditure complies with these rules.

(3) A grant award recipient shall keep and maintain records regarding all transactions for which the recipient received grant funding, including, at a minimum, supporting documentation (e.g., invoices) for each expenditure that verifies an expenditure is allowable under the terms of the grant award and 10-4-306, MCA.

(4) A grant award recipient shall maintain the records described in (3) for a period of five years following grant expiration. The department may determine a grant award recipient does not comply with these rules if records are not kept and maintained as provided in this rule.

(5) A grant award recipient may request protection from public disclosure of information subject to trade secret confidentiality pursuant to Montana's Uniform Trade Secrets Act by submitting a trade secret confidentiality affidavit in the form found on the department's website.

(1) The department may determine a grant recipient does not comply with these rules if the grant recipient:

(a) is not in compliance with any of the requirements of Title 10, chapter 4, MCA;

(b) uses or distributes funds for any purpose other than those identified in the grant agreement and 10-4-306, MCA; or

(c) has not timely provided information requested by the department.

(2) If the department determines a grant recipient does not comply with these rules, the department shall send the entity a deficiency letter identifying the rule or requirement that is not met and the action needed to correct the deficiency. The entity has 60 days from the date of the deficiency letter to correct all deficiencies and demonstrate compliance.

(3) A grant recipient that has received a deficiency letter may request an additional 30 days to correct deficiencies and demonstrate compliance with the rules. The request must be filed within 30 days of the date of the deficiency letter referenced in (2).

(4) If a grant recipient disputes a department determination, the entity may ask the department to provide formal notice of agency action and an opportunity for hearing.

(5) Except as provided in (3) or (4), if an entity has not corrected all deficiencies and demonstrated compliance with these rules within 60 days of the deficiency letter, the department shall provide the entity notice and an opportunity for hearing under Title 2, chapter 4, part 6, MCA.

(6) The department may appoint a hearing examiner to conduct hearings under 2-4-611, MCA.

(7) The final determination in a contested case regarding a grant recipient's compliance with these rules is made by the department director.

(8) When the department makes a final determination that a grant recipient does not comply with these rules, the department may either:

(a) reduce or suspend payment to the grant recipient;

(b) require repayment of funds expended on activities determined not to meet the eligibility requirements; or

(c) both.