(1) State agencies may make a written request for an exception from a rule, policy, standard or procedure in writing to the state chief information officer (CIO). The request must:

(a) clearly outline a compelling business case, which includes a cost benefit analysis for the state agency and whether there is an impact to the enterprise, including an analysis of the economic impact on private businesses in Montana, demonstrating why it is in the best interests of the state of Montana to grant the exception;

(b) provide a description why enterprise accepted solutions, current policies and standards will not meet the state agency business requirements;

(c) demonstrate that the proposed solution conforms with the state strategic plan for information technology, other policies, standards, procedures and guidelines; and

(d) demonstrate that the proposed solution does not interfere with the ongoing conduct of business in other agencies or create other costs to the enterprise or other agencies.

(2) The department shall apply the following process in reviewing the request:

(a) determine the policies, standards, procedures, and guidelines which apply and the effect of granting the exception;

(b) compare the business case against the components of the business case model such as business requirements, cost/benefit analysis, return on investment, proposed technology environment, risk assessment and outcome measures;

(c) determine that the state agency has the technical capabilities to be granted an exception;

(d) determine the effect upon the enterprise of granting the exception.

(3) Exception requests shall be reported to the Information Technology Board, the Information Technology Managers Council, the Office of Budget and Program Planning, and the Legislative Finance Committee following the CIO's decision. 

(4) The state agency director may appeal the department decision in regard to exception requests to the CIO. If unsatisfied with the CIO's decision, the state agency director may appeal the department decision to the department director who will resolve the issue.

(5) The CIO will report all appeals and their resolution to the Information Technology Board.


History: 2-17-518, MCA; IMP, 2-17-512, 2-17-515, MCA; NEW, 2003 MAR p. 2417, Eff. 10/31/03; AMD, 2022 MAR p. 796, Eff. 5/28/22.