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44.10.101   ORGANIZATIONAL RULE

This rule has been transferred.

History: 2-4-201, 13-37-114, MCA; IMP, 2-4-201, MCA; EMERG, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, Eff. 6/30/82; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to 44.11.101, 2016 MAR p. 28, Eff. 1/9/16.

44.10.201   ADVISORY OPINIONS AND SELECTED INCORPORATION OF CERTAIN ATTORNEY GENERAL RULES, REGARDING DECLARATORY RULINGS AND RULEMAKING

This rule has been transferred.

History: 13-37-114, MCA; IMP, 2-4-201, MCA; NEW, Eff. 1/1/76; AMD, Eff. 2/6/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD to 44.11.102, 2016 MAR p. 28, Eff. 1/9/16.

44.10.301   INTRODUCTION AND DEFINITIONS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-1-101, Title 13, Ch. 35 and 37, 13-37-114 MCA; NEW, Eff. 2/6/76; TRANS and AMD, to 44.11.103, 2016 MAR p. 28, Eff. 1/9/16.

44.10.303   CONSTRUCTION OF RULES

This rule has been transferred.

History: 13-37-114, MCA; IMP, Sec. 1, Ch. 480, Laws of 1975; NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to 44.11.104, 2016 MAR p. 28, Eff. 1/9/16.

44.10.305   PRACTICE REGARDING APPLICATION OF RULES

This rule has been transferred.

History: 13-37-114, MCA; IMP, Sec. 1, Ch. 480, Laws of 1975; NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to 44.11.105, 2016 MAR p. 28, Eff. 1/9/16.

44.10.307   COMPLAINTS OF VIOLATIONS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-111, MCA; NEW, Eff. 2/6/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to 44.11.106, 2016 MAR p. 28, Eff. 1/9/16.

44.10.309   COPYING OF PUBLIC RECORDS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-119(1), MCA; NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS, to 44.11.107, 2016 MAR p. 28, Eff. 1/9/16.

44.10.311   ELECTIONEERING - INTERPRETIVE RULE

This rule has been transferred.

History: 13-7-114, MCA; IMP, 13-35-211, MCA; NEW, 1977 MAR p. 1236, Eff. 12/25/77; TRANS, to 44.11.606, 2016 MAR p. 28, Eff. 1/9/16.

44.10.321   CONTRIBUTION - DEFINITION

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-1-101, 13-37-219, 13-37-225, 13-37-229, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 1999 MAR p. 2287, Eff. 10/8/99; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to 44.11.401, 2016 MAR p. 28, Eff. 1/9/16.

44.10.323   EXPENDITURE - DEFINITION

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-1-101, 13-37-229, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1240, Eff. 12/25/77; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 1986 MAR p. 128, Eff. 1/31/86; AMD, 1999 MAR p. 2287, Eff. 10/8/99; TRANS and AMD, to 44.11.501, 2016 MAR p. 28, Eff. 1/9/16.

44.10.325   POLITICAL COMMITTEE - DEFINITION

This rule has been repealed.

History: 13-37-114, MCA; IMP, 13-1-101(12), MCA; NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1240, Eff. 12/25/77; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; REP, 2016 MAR p. 28, Eff. 1/9/16.

44.10.327   POLITICAL COMMITTEE, DEFINITION AND TYPES

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-1-101, 13-37-225, 13-37-226, 13-37-229, 13-37-231, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 1997 MAR p. 1828, Eff. 10/7/97; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to 44.11.202, 2016 MAR p. 28, Eff. 1/9/16.

44.10.329   POLITICAL COMMITTEE, CLASSIFICATION

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-226, MCA; NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to ARM 44.11.204, 2016 MAR p. 28, Eff. 1/9/16.

44.10.330   DESIGNATION OF CONTRIBUTIONS FOR PRIMARY AND GENERAL ELECTIONS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-216, 13-37-218, MCA; NEW, 1996 MAR p. 784, Eff. 3/22/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to ARM 44.11.224, 2016 MAR p. 28, Eff. 1/9/16.

44.10.331   LIMITS ON RECEIPTS FROM POLITICAL COMMITTEES

This rule has been transferred.

History: 13-37-114, 13-37-218, MCA; IMP, 13-37-218, MCA; NEW, 1986 MAR p. 128, Eff. 1/31/86; AMD, 1988 MAR p. 595, Eff. 3/25/88; AMD, 1990 MAR p. 532, Eff. 3/16/90; AMD, 1992 MAR p. 1871, Eff. 8/28/92; AMD, 1995 MAR p. 2048, Eff. 9/28/95; AMD, 1996 MAR p. 787, Eff. 3/22/96; AMD, 1998 MAR p. 186, Eff. 1/16/98; AMD, 1999 MAR p. 2934, Eff. 12/17/99; AMD, 2001 MAR p. 2001, Eff. 10/12/01; AMD, 2005 MAR p. 2094, Eff. 10/28/05; AMD, 2007 MAR p. 1684, Eff. 10/26/07; AMD, 2010 MAR p. 561, Eff. 2/26/10; AMD, 2011 MAR p. 2544, Eff. 11/26/11; AMD, 2013 MAR p. 2320, Eff. 12/13/13; TRANS and AMD, to ARM 44.11.226, 2016 MAR p. 28, Eff. 1/9/16.

44.10.332   LEADERSHIP POLITICAL COMMITTEES

This rule has been repealed.

History: 13-37-114, MCA; IMP, 13-37-216, MCA; NEW, 1995 MAR p. 2048, Eff. 9/28/95; AMD, 2001 MAR p. 2049, Eff. 10/12/01; REP, 2016 MAR p. 28, Eff. 1/9/16.

44.10.333   LIMITATIONS ON CONTRIBUTIONS FROM POLITICAL PARTY COMMITTEES

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-216, MCA; NEW, 1995 MAR p. 2048, Eff. 9/28/95; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to ARM 44.11.225, 2016 MAR p. 28, Eff. 1/9/16.

44.10.334   ELECTIONS TO WHICH AGGREGATE CONTRIBUTION LIMITS APPLY

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-216, MCA; NEW, 1995 MAR p. 2048, Eff. 9/28/95; AMD, 1996 MAR p. 787, Eff. 3/22/96; TRANS and AMD, to ARM 44.11.222, 2016 MAR p. 28, Eff. 1/9/16.

44.10.335   DISPOSAL OF SURPLUS CAMPAIGN FUNDS AND PROPERTY

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-240, MCA; NEW, 1995 MAR p. 2048, Eff. 9/28/95; AMD, 2001 MAR p. 2049, Eff. 10/12/01; AMD, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, to 44.11.702, 2016 MAR p. 28, Eff. 1/9/16.

44.10.336   PERSONAL BENEFIT

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-240, MCA; NEW, 1996 MAR p. 784, Eff. 3/22/96; AMD, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, to 44.11.703, 2016 MAR p. 28, Eff. 1/9/16.

44.10.337   AGGREGATE CONTRIBUTION LIMITS FOR WRITE-IN CANDIDATES

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-216, 13-37-218, 13-37-240, MCA; NEW, 1996 MAR p. 784, Eff. 3/22/96; TRANS and AMD, to ARM 44.11.223, 2016 MAR p. 28, Eff. 1/9/16.

44.10.338   LIMITATIONS ON INDIVIDUAL AND POLITICAL PARTY CONTRIBUTIONS TO A CANDIDATE

This rule has been transferred.

History: 13-37-216, MCA; IMP, 13-37-114, 13-37-218, MCA; NEW, 2008 MAR p. 1034, Eff. 5/23/08; AMD, 2010 MAR p. 560, Eff. 2/26/10; AMD, 2011 MAR p. 2545, Eff. 11/26/11; AMD, 2013 MAR p. 2318, Eff. 12/13/13; TRANS and AMD, to ARM 44.11.227, 2016 MAR p. 28, Eff. 1/9/16.

44.10.401   STATEMENTS AND REPORTS, FILING

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-117, 13-37-225, 13-37-226, 13-37-231, MCA; NEW, Eff. 1/1/76; AMD, 1977 MAR p. 1241, Eff. 12/25/77; AMD, 1979 MAR p. 652, Eff. 7/l/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; AMD, 2012 MAR p. 634, Eff. 3/23/12; TRANS and AMD, to ARM 44.11.302, 2016 MAR p. 28, Eff. 1/9/16.

44.10.403   AMENDMENTS TO STATEMENTS AND REPORTS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-201, 13-37-205, 13-37-225, 13-37-226, 13-37-229, 13-37-232, MCA; NEW, Eff. 2/6/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; TRANS and AMD, to ARM 44.11.303, 2016 MAR p. 28, Eff. 1/9/16.

44.10.405   STATEMENT OF ORGANIZATION - POLITICAL COMMITTEE, INFORMATION REQUIRED

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-117, 13-37-201, 13-37-202, 13-37-205, MCA; NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to 44.11.201, 2016 MAR p. 28, Eff. 1/9/16.

44.10.407   LOCAL CANDIDATES AND POLITICAL COMMITTEES RECEIVING OR EXPENDING LESS THAN $500

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-226, MCA; NEW, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; TRANS and AMD, to ARM 44.11.304, 2016 MAR p. 28, Eff. 1/9/16.

44.10.409   COMMITTEE SEMIANNUAL AND CLOSING REPORTS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-226, 13-37-228, MCA; NEW, 1979 MAR p. 655, Eff. 7/1/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to ARM 44.11.306, 2016 MAR p. 28, Eff. 1/9/16.

44.10.411   INCIDENTAL POLITICAL COMMITTEE, FILING SCHEDULE, REPORTS

This rule has been repealed.

History: 13-37-114, 13-37-226(5), MCA; IMP, 13-37-226(5), MCA; NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1243, Eff. 12/25/77; AMD, 1979 MAR p. 653, Eff. 7/1/79; AMD, 1997 MAR p. 1828, Eff. 10/7/97; AMD, 1999 MAR p. 2287, Eff. 10/8/99; REP, 2016 MAR p. 28, Eff. 1/9/16.

44.10.413   NONRESIDENT AND FEDERALLY FILING COMMITTEES, REPORTS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-227, MCA; NEW, 1979 MAR p. 655, Eff. 7/1/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to ARM 44.11.305, 2016 MAR p. 28, Eff. 1/9/16.

44.10.501   UNIFORM SYSTEM OF ACCOUNTS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-117, MCA; NEW, Eff. 1/1/76; AMD, Eff. 2/6/76; AMD, 1988 MAR p. 595, Eff. 3/25/88; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to ARM 44.11.301, 2016 MAR p. 28, Eff. 1/9/16.

44.10.503   MONETARY DEPOSITS AND EXPENDITURES, ONLY THROUGH DEPOSITORY

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-111, 13-37-205, 13-37-207, 13-37-208, 13-37-209, 13-37-215, 13-37-226, 13-37-229, 13-37-231, 13-37-232, MCA; NEW, Eff. 1/1/76; TRANS and AMD, to 44.11.409, 2016 MAR p. 28, Eff. 1/9/16.

44.10.505   CASH CONTRIBUTION, RECEIPT

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-207, MCA; NEW, Eff. 1/1/76; TRANS, to 44.11.407, 2016 MAR p. 28, Eff. 1/9/16.

44.10.507   TRANSFER OF CONTRIBUTION TO CAMPAIGN TREASURER

This rule has been repealed.

History: 13-37-114, MCA; IMP, 13-37-207, 13-37-229, MCA; NEW, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; REP, 2016 MAR p. 28, Eff. 1/9/16.

44.10.511   CONTRIBUTIONS, REPORTING

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-226, 13-37-229, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, Eff. 2/6/76; AMD, 1977 MAR p. 1245, Eff. 12/25/77; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to 44.11.402, 2016 MAR p. 28, Eff. 1/9/16.

44.10.513   IN-KIND CONTRIBUTION, REPORTING AND VALUATION

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-208, 13-37-209, 13-37-211, 13-37-229, MCA; NEW, Eff. 1/1/76; AMD, Eff. 2/6/76; AMD, 1977 MAR p. 1246, Eff. 12/25/77; TRANS and AMD, to 44.11.403, 2016 MAR p. 28, Eff. 1/9/16.

44.10.515   LOANS AS CONTRIBUTIONS, REPORTING

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-111, 13-37-217, 13-37-229, 13-37-231, MCA; NEW, Eff. 1/1/76; TRANS and AMD, to 44.11.405, 2016 MAR p. 28, Eff. 1/9/16.

44.10.517   EXPENDITURE ENCOURAGED TO AVOID CONTRIBUTION, REPORTING

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-229, MCA; NEW, Eff. 1/1/76; TRANS and AMD, to 44.11.504, 2016 MAR p. 28, Eff. 1/9/16.

44.10.519   EARMARKED CONTRIBUTION, REPORTING

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-217, 13-37-229, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1240, Eff. 12/25/77; TRANS and AMD, to 44.11.404, 2016 MAR p. 28, Eff. 1/9/16.

44.10.521   MASS COLLECTIONS AT FUND-RAISING EVENTS, REPORTING

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-207, 13-37-229, MCA; NEW, Eff. 1/1/76; AMD, 1979 MAR p. 653, Eff. 7/1/79; AMD, 1988 MAR p. 595, Eff. 3/25/88; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to 44.11.406, 2016 MAR p. 28, Eff. 1/9/16.

44.10.523   AGGREGATE CONTRIBUTIONS - DEFINITION, REPORTING

This rule has been repealed.

History: 13-37-114, MCA; IMP, 13-37-216, 13-37-229, MCA; NEW, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; REP, 2016 MAR p. 28, Eff. 1/9/16.

44.10.525   DEBTS AND OBLIGATIONS OWED TO A CANDIDATE OR POLITICAL COMMITTEE, REPORTING

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-229, 13-37-231, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, to 44.11.505, 2016 MAR p. 28, Eff. 1/9/16.

44.10.531   EXPENDITURES, REPORTING

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-225, 13-37-226, 13-37-228, 13-37-229, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, 1977 MAR p. 1247, Eff. 12/25/77; AMD, 1986 MAR p. 128, Eff. 1/31/86; AMD, 1999 MAR p. 2287, Eff. 10/8/99; TRANS and AMD, to 44.11.502, 2016 MAR p. 28, Eff. 1/9/16.

44.10.533   IN-KIND EXPENDITURE, REPORTING AND VALUATION

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-208, 13-37-209, 13-37-211, 13-37-229, 13-37-232, MCA; NEW, Eff. 1/1/76; AMD, Eff. 2/6/76; TRANS and AMD, to 44.11.503, 2016 MAR p. 28, Eff. 1/9/16.

44.10.535   DEBTS AND OBLIGATIONS OWED BY A CANDIDATE OR POLITICAL COMMITTEE, REPORTING

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-229, 13-37-231, 13-37-232, MCA; NEW, Eff. 1/1/76; TRANS and AMD, to 44.11.506, 2016 MAR p. 28, Eff. 1/9/16.

44.10.536   DEFINITIONS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-401, 13-37-402, MCA; NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, to 44.11.701 , 2016 MAR p. 28, Eff. 1/9/16.

44.10.537   APPLICABILITY OF RULES

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-401, 13-37-402, MCA; NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, to 44.11.704, 2016 MAR p. 28, Eff. 1/9/16.

44.10.538   ELIGIBLE ELECTED OFFICIALS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-401, 13-37-402, MCA; NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS, to 44.11.705, 2016 MAR p. 28, Eff. 1/9/16.

44.10.539   PROHIBITIONS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-401, 13-37-402, MCA; NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, to 44.11.706, 2016 MAR p. 28, Eff. 1/9/16.

44.10.540   AUTHORIZED EXPENDITURES

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-401, 13-37-402, MCA; NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, to 44.11.707, 2016 MAR p. 28, Eff. 1/9/16.

44.10.541   OPENING AN ACCOUNT

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-401, 13-37-402, MCA; NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, to 44.11.708, 2016 MAR p. 28, Eff. 1/9/16.

44.10.542   RECORDS AND REPORTING

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-401, 13-37-402, MCA; NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, to 44.11.709, 2016 MAR p. 28, Eff. 1/9/16.

44.10.543   INTEREST PAID ON ACCOUNTS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-401, 13-37-402, MCA; NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS, to 44.11.710, 2016 MAR p. 28, Eff. 1/9/16.

44.10.544   CLOSING AN ACCOUNT – DISBURSEMENT OF SURPLUS ACCOUNT FUNDS

This rule has been transferred.

History: 13-37-114, MCA; IMP, 13-37-401, 13-37-402, MCA; NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, to 44.11.711, 2016 MAR p. 28, Eff. 1/9/16.

44.10.601   OVERLAPPING SALARIES FROM MULTIPLE PUBLIC EMPLOYERS
(1) "Public employee" and "public officer" are defined in 2-2-102, MCA.   For purposes of this rule, "public employee" does not include an employee in the federal system.

(2) All state public employees, state public officers, and legislators who receive multiple salaries from multiple public employers for overlapping work hours must file a completed multiple public employment disclosure form with the commissioner within 15 business days of the occurrence, contract agreement, or receipt of payment.   The multiple public employer disclosure form is available upon request from the commissioner's office.

(3) The multiple public employment disclosure form will contain the following information:

(a) name, address, and telephone number of the state public employee, state public officer, or legislator;

(b) name, address, and telephone number of each public employer;  

(c) date(s) of multiple employment;

(d) title(s) or description(s) of each overlapping position;

(e) amount(s) paid by each public employer and method(s) of payment.

(4) If multiple employment is ongoing, a multiple public employment disclosure form must be filed with the commissioner annually, prior to December 15 of the current year.   If multiple employment is occasional, a multiple public employment disclosure form must be filed on each occasion.

(5) The commissioner will monitor statutory disclosure requirements and notify any state public employee, state public officer, or legislator who is not in compliance with 2-2-104, MCA, within a reasonable period of time.   Noncompliant individuals must correct the infraction and submit supporting documentation to the commissioner within 15 days after their receipt of notification.   Saturdays, Sundays, and holidays shall be excluded in the calculation of the 15-day period.

History: Sec. 13-37-114, MCA; IMP, Sec. 2-2-104, MCA; NEW, 1996 MAR p. 789, Eff. 3/22/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

44.10.603   DEFINITIONS
The following definitions shall apply throughout this chapter:

(1) "Commissioner" means the commissioner of political practices created under 2-15-411 and 13-37-102, MCA.

(2) "Complainant" means any person who files a complaint with the commissioner under Title 2, chapter 2, MCA.

(3) "Ethics code" means the code of ethics, Title 2, chapter 2, part 1, MCA.

(4) "Hearing examiner" means a hearing examiner appointed by the commissioner.

(5) "Respondent" means any person against whom a complaint is filed with the commissioner.

History: Sec. 2-2-136, MCA; IMP, Sec. 2-2-136, MCA; NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

44.10.604   COMPLAINT, WHO MAY FILE
(1) A complaint may be filed with the commissioner by any person alleging a violation of the ethics code by a state officer, state employee, or a legislator, so long as the alleged violation against a legislator does not pertain to a legislative act.   The complaint must:

(a) be filed with the commissioner either by certified mail or delivered in person;

(b) be filed within two years of the date of the alleged violation of the code.   A complaint is considered filed on the date it is received by the commissioner.

History: Sec. 2-2-136, MCA; IMP, Sec. 2-2-136, MCA; NEW, 1996 MAR p. 922, Eff. 4/5/96.

44.10.605   FILING, AMENDING COMPLAINTS
(1) Complaints shall be in writing and shall be sworn to before a notary public or other person authorized by law to administer oaths.

(2) A complaint may be amended to cure defects or omissions, verify the original claim, swear or affirm that the charge is true, clarify allegations, or allege new, but related matters.

(3) The commissioner shall promptly notify all parties in writing of any amendments.

History: Sec. 2-2-136, MCA; IMP, Sec. 2-2-136, MCA; NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

44.10.607   COMPLAINT CONTENTS
(1) A complaint shall contain the following:

(a) the full name, address, and telephone number, if any, of the person making the complaint (complainant) ;

(b) the full name, address, and telephone number, if any, of the person against whom the complaint is made (respondent) ;

(c) a clear and concise statement of the facts(s) , including pertinent dates(s) constituting the alleged violation(s) of the ethics code;

(d) the specific provision of the ethics code which is alleged to have been violated;

(e) the verified signature of the complainant swearing or affirming that the charge is true.

(2) A complaint may be filed on a form available on request from the commissioner's office.

History: Sec. 2-2-136, MCA; IMP, Sec. 2-2-136, MCA; NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

44.10.608   WITHDRAWAL OF A COMPLAINT
(1) Any person who has filed a complaint with the commissioner may request in writing that the complaint be withdrawn.   Upon receipt of a written request for withdrawal of the complaint, the commissioner shall dismiss the complaint.
History: Sec. 2-2-136, MCA; IMP, Sec. 2-2-136, MCA; NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

44.10.610   NOTICE OF FILING A COMPLAINT
(1) After a complaint is filed, the commissioner shall promptly furnish the respondent with written notice of the complaint.   The notice shall include identification of the person filing the complaint and a copy of the complaint.
History: Sec. 2-2-136, MCA; IMP, Sec. 2-2-136, MCA; NEW, 1996 MAR p. 922, Eff. 4/5/96.

44.10.612   CONFIDENTIALITY
(1) The commissioner shall maintain the confidentiality of privacy interests entitled to protection by law.
History: Sec. 2-2-136, MCA; IMP, Sec. 2-2-136, MCA; NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

44.10.613   INFORMAL CONTESTED CASE HEARING
(1) After the commissioner has asserted jurisdiction over a complaint, a hearing date will be set by the hearing examiner.

(2) The matter shall proceed in accordance with the Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.

(3) For purposes of these ethics complaint procedures, the commissioner incorporates by reference the attorney general's model rules for contested case hearings, ARM 1.3.212, 1.3.214 (effective 6/12/92) , and 1.3.217 (effective 10/12/79) .   Copies of these model rules are available from the Commissioner of Political Practices, 1205 Eighth Avenue, PO Box 202401, Helena, Montana 59620-2401.

History: Sec. 2-2-136, MCA; IMP, Sec. 2-2-136, MCA; NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

44.10.621   BUSINESS DISCLOSURE
(1) For purposes of this rule, "individual" means elected officials, candidates for statewide or state district offices (excluding judiciary) ; department directors, or anyone appointed to fill any of these offices.

(2) For purposes of 2-2-106, MCA, the term "business interest" means any interest in any business, firm, corporation, partnership, or other business or professional entity or trust owned by an individual, the current fair market value of which is $1000 or more.   Ownership of any security, equity, or evidence of indebtedness in any business corporation or other entity is a "business interest."

(3) Not included within the meaning of "business interest" and therefore not reportable under 2-2-106, MCA, are interests of the following nature:

(a) ownership of any personal property held in an individual's name and not held for use or sale in a trade or business or for investment purposes, such as personal vehicles or household furnishings;

(b) cash surrender value of any insurance policy or annuity;

(c) bank deposits, including checking or savings accounts or certificates of deposit, if they are not held for use in a trade or business;

(d) securities issued by any government or political subdivision.

(4) An ownership interest in real property includes a fee, life estate, joint or common tenancy, leasehold, beneficial interest (through a trust) , option to purchase, or mineral or royalty interest, if the current fair market value of the interest is $1000 or more.

(a) It is not necessary to disclose ownership of a personal residence, but each individual is entitled to exclude only one residence.

(b) While valuation of property is not required (it need only be disclosed if its current fair market value exceeds $1000) , a description of both the property and the nature of the interest must be included.  This may be a general description sufficient to identify the property without recourse to oral testimony.  A street address is sufficient unless it is a rural route. The nature of the property must be described; for example, farm, ranch, vacation home, commercial or residential property, raw land held for investment, etc.

(5) Any individual described in (1) of this rule, is required to file a business disclosure form according to the filing schedules  prescribed  in  2-2-106, MCA.  Business disclosure forms are provided by the Commissioner of Political Practices, PO Box 202401, Helena, MT 59620-2401.

History: Sec. 5-7-111, MCA; IMP, Sec. 5-7-102(12), MCA; NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 1986 MAR p. 128, Eff. 1/31/86; TRANS & AMD, 1996 MAR p. 2195, Eff. 8/9/96.