This rule has been transferred.

(1) "Upon suspending the license of any person or upon placing such person on probation [under section 61-5-206 MCA], the [motor vehicle division] shall immediately notify the licensee in writing." Section 61-5-206 (3) MCA.

(2) The notice must include:

(a) A statement of the effective date of the action of the motor vehicle division.

(b) A statement advising the licensee he has a right to request a hearing within a reasonable time.

(c) A statement advising the licensee a hearing must be held within 20 days after receipt of a request for one.

(d) A statement advising the licensee the hearing must be held in the county where he resides unless he and the motor vehicle division agree that the hearing may be held in some other county.

(e) A statement of the legal authority and jurisdiction under which the motor vehicle division acted.

(f) A reference to the particular sections of the statutes and rules involved.

(g) A short and plain statement of the matters asserted. If the motor vehicle division is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved; the notice should include, however, notice of the licensee's right to obtain a more definite and detailed statement upon application.

(h) A provision advising the licensee of his right to be represented by counsel at the hearing.

(3) Copies of forms used to comply with this rule are available from the Motor Vehicle Division, Room 362, Scott Hart Building, 303 Roberts, Helena, Montana 59601.

(4) "[U]pon ... request [the motor vehicle division] shall afford [the licensee] an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the division and the licensee agree that such hearing may be held in some other county." Section 61-5-206 (3)MCA.

(1) A person denied a driver's license for inability to provide documentary verification of name and date of birth may file a written request for a hearing with the motor vehicle division within 30 days after the denial.

(2) The driver improvement committee shall render the final decision.

This rule has been repealed.

(1) "Active investigation" means an investigation when officers are physically collecting data in another jurisdiction, conducting surveillance or interviews, executing search warrants, or any related activities. Active investigation does not include the collection, analysis or dissemination of criminal intelligence information or unconfirmed information secured prior to the initiation of an active investigation.

(2) "Investigative protocol" means the procedure used by the Montana department of justice law enforcement agencies to notify other law enforcement agencies and coordinate investigative activities to ensure the maximum effective use of personnel, respect for jurisdictional boundaries, and safety of officers involved in an investigation.

(3) "Liaison officer" means an officer in a police department, sheriff's office, state or federal agency designated by the agency head to serve as the contact between local or federal law enforcement agencies and state investigative agencies within the Montana department of justice.

(4) "State agency" means a criminal investigative agency within the Montana department of justice including those agencies that investigate narcotics, organized crime, gambling, general criminal investigations, motor vehicle investigations, worker's compensation (state fund) fraud, and other areas of responsibility as defined in section 44-2-115 , MCA.

(2) This notification is required in all instances unless one of the following special exceptions exist:

(a) An investigation has been properly initiated within one jurisdiction and during the immediate course of the investigation exigent circumstances require investigation in another jurisdiction. In this event, the state liaison officer shall notify the affected jurisdiction as soon as the safety and security of investigative personnel is assured.

(b) When an investigation is performed by a state agency at the request and under the direction of a federal law enforcement agency, the responsibility for and decision regarding notification to other authorities shall be made by the federal agent in charge of the investigation. When joint federal and state investigations are conducted, the liaison officer for the state agency will request in writing that the federal agency notify local law enforcement officials that the investigation is in progress, and document the response to this notification.

(c) When the subject of the investigation is the chief law enforcement officer of the agency or public official and a request for investigative assistance has been received pursuant to section 44-2-115 (1) , MCA, the notification procedure described in ARM 23.2.203 will apply.

(a) A written request must be received and approved by the attorney general or a designated representative. The request must be from a chief of police, sheriff or county attorney within the jurisdiction where the alleged offense(s) occurred.

(b) The request must describe the reasonable facts that led the official to believe a criminal offense has been or is being committed.

(c) The request must name a local representative to serve as the liaison officer.

(2) The agent shall contact only the liaison officer designated in the request from the law enforcement official.

(3) If the investigation concerns the supervisor of a law enforcement agency or the county attorney, it will be the responsibility of the attorney general or his designated representative to contact the affected officer when the investigation is completed, and summarize the action the state agency intends to take based on the investigation.

(2) Notification to the appropriate law enforcement agencies is intended to avoid duplication of effort and to ensure maximum coordination among various law enforcement agencies in the state of Montana.

(1) Whenever a law enforcement agency concludes that a state agency has actively conducted an investigation within their jurisdiction without proper notification, a written complaint may be forwarded to the attorney general. Whenever a complaint is received, the attorney general or a designated representative will request a written response from the agency involved in the complaint. The attorney general or a designated representative will review the response, determine if the action constituted a violation of investigative protocol, and act to ensure future compliance with the administrative rules.

____________________________________

Name

_____________________________________

Mailing Address

_____________________________________

City State Zip Code

_____________________________________

Phone Number

_____________________________________

E-mail Address (optional)

☐ Petitioner/Plaintiff ☐ Respondent/Defendant

☐ MONTANA ___________ JUDICIAL DISTRICT COURT, ___________ COUNTY

☐ IN THE JUSTICE COURT OF _____________ COUNTY, STATE OF MONTANA

☐ IN THE MUNICIPAL OR CITY COURT OF ______________, MONTANA

I have a good cause of action or defense but am unable to pay filing or other court fees. I request the court waive the costs and fees. I provide the following information.

My full legal name is: ________________________________. I was born in this month _____________ and this year ______________.

☐ I am represented by an entity that provides free legal services to low-income persons.

Or

☐ I am represented by a volunteer/pro bono attorney, and am financially eligible for free legal services. (Attach a certificate of eligibility from legal aid organization to this form.)

Or

☐ I receive one or more of these benefits: (Check the box for each benefit you receive.)

☐ SNAP ☐ TANF ☐ SSI ☐ Medicaid ☐ WIC ☐ LIEAP

If you checked any one of the three boxes above, skip to the end of this form, and sign the declaration on page 3. You don't need to fill out the remainder of the form.

If you did not check a box above, you may still qualify for a fee waiver. Please continue to fill out pages 2 and 3 of this form so the court has the information it needs to decide if you qualify for the fee waiver.

I. INCOME (Complete this Section to the best of your ability.)

What do you do for work?____________________________ Who is your employer?_______________________

What is your household's annual income, before taxes? ______________ How many people are in your household? ________ (The tables below will help you answer these questions, if you are not sure what to put in the blanks.)

If you are unemployed, when were you last employed (Month, Year)? _____________ Your job? _____________________________

Are you married? ☐ Yes  ☐ No ☐ Separated ☐ Getting Divorced NOTE: If you are not married, if you and your spouse are separated, or if one of you is filing for dissolution of marriage, you do not need to provide your spouse's income below.

Fill in the chart below with the income received by you, and by your spouse, if applicable. Put a "0" in each blank if you or your spouse don’t receive the income listed.

What is your household size? How many persons, if any, depend on you financially? If none, then write "N/A" below. Attach another page if needed and check here to tell the court you attached another page: ☐

II. ASSETS (Complete this Section to the best of your ability.)

What property do you and your spouse own? Include your spouse's property if you are married and not separated and not filing for dissolution. Fill in the chart below, for each item that you could sell for $600 or more. If you don't own an item listed, write "N/A" in the "Value" column for that item. "Value" means the total amount the item or items (if you have more than one in a certain category) would sell for, minus the amount you still owe on the item (if anything).

III. DEBTS AND EXTRAORDINARY EXPENSES (Complete this Section to the best of your ability.)

What bills do you and your spouse pay each month? Fill in the chart below.

IV. ADDITIONAL INFORMATION (This Section is optional.)

If you have additional information, including extraordinary expenses, that you want the court to consider about your inability to pay court costs, write that information under your signature below or attach an extra page. Check here if you attached another page: ☐

V. DECLARATION (This Section is Required.)

I declare under penalty of perjury and under the laws of the State of Montana that the information in this document is true and correct.  I understand that it is a crime to give false information in this document.

Date: _______________ City: _____________________ State: ____________

YOUR Signature: ___________________________________

                                                       Court Use Only

☐ MONTANA ___________ JUDICIAL DISTRICT COURT, ___________ COUNTY

☐IN THE JUSTICE COURT OF _____________ COUNTY, STATE OF MONTANA

☐IN THE MUNICIPAL OR CITY COURT OF ______________, MONTANA

                               Warning! Read carefully the section checked below.

                                                           It is a court order.

☐ Waiver of court costs is Granted. Declarant shall proceed without payment of court fees or costs.

☐ Temporary Waiver of court costs is Granted. Declarant may file without payment of court fees or costs, but the Court may determine at a later time that the declarant has the ability to pay all fees or costs and will require declarant to do so.

☐ Temporary Waiver of fees is Granted. Declarant may file without payment of court fees or costs, but must appear before the Court at ________ a.m/p.m. on the _____ day of ________________ and show cause why the declarant lacks the ability to pay all fees or costs.

Warning! If this third box is checked, you must come to court on the date ordered above. If you don′t come, the judge will deny your request to waive court costs, and you will have to pay the court costs.

☐ Waiver of Fees and costs is Denied. Waiver is denied based on the following:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Ordered this _____ day of ______________________, 20_____. 

__________________________________

Presiding Judge

(2) "Department" means the department of justice.

(3) "Offset" means a deduction from monies due to a person or entity from the state for the purpose of recovering in total or in part a debt owed by the person or entity to the state.   An offset is undertaken by the department of administration, or other agency designated by law, under the authority of 17-4-105, MCA.   Offset may include but is not limited to an offset of a person or an entity's state tax refund.

(4) "Recovery" means any measure undertaken by the department of administration, or other agency designated by law, under the authority of 17-4-101, MCA et seq., in accordance with that agency's rules and policies as a means of recovering a debt owed by a person or entity to the state of Montana.   Recovery may include but is not limited to assignment to a collection agency and litigation.

(2) The department must determine that a debt is uncollectible by the department before the debt may be referred to the department of administration, or other agency designated by law.

(a) the debt is owing to the department;

(b) the debtor has either not pursued available administrative due process within the department or has failed to prevail in the available administrative due process within the department or in any appeal from that administrative due process to the state or federal courts;

(c) the debtor has failed to pay the debt after the department has made all reasonable efforts to collect the debt; and

(d) the department has no administrative means such as recoupment from current payments by which to recover the debt.

(2) The department has made all reasonable efforts to collect a debt when the debt remains owed in whole or in part after:

(a) the department has utilized appropriate notices directed at the debtor's last known address to inform the debtor of the debt owed and the debtor cannot be contacted; or

(b) the department has provided the debtor with an opportunity to enter into a repayment agreement based on a schedule for debt repayment that the department determines is appropriate and the debtor has failed to cooperate or the debtor is failing to repay the debt.

(3) A debtor is failing to repay a debt when the debtor has failed to make a monthly or other payment for which the department has mailed notice of delinquency, including a demand for cure of the delinquency within ten days from the date of mailing.