37.8.103 LOCAL REGISTRAR DUTIES
(1) A local registrar accepting a paper vital record for filing shall add the filing date and sign a death, birth, fetal death, or stillborn certificate. The registrar shall forward the original document to the department and one duplicate to the county clerk and recorder as required by 50-15-109, MCA.
(2) The local registrar shall retain one duplicate, which must be easily accessible for reference. The local registrar may not further copy or provide any copies of the retained duplicate.
(3) A registrar must retain for two years each copy of a paper certificate recorded in accordance with 50-15-109, MCA. After two years, the local registrar shall destroy the triplicate copy of the certificates. The destruction of any certificate must be reported in writing to the department.
(4) Submission to and acceptance of an electronic image of a birth, death, or fetal death certificate by the department through the department's approved electronic registration system constitutes an official filing of a record. All certified paper copies generated from electronically filed records must be accepted as though they contain all required signatures.
(5) A paper filing occurs when the local registrar accepts the certificate. An electronic filing occurs when the record passes all validation checks and is assigned a state file number. If both a paper certificate and an electronic filing exist, the electronic filing is considered the original certificate and it must be filed first.
(6) When leaving the position of local registrar, the outgoing registrar must deliver all records, manuals, and materials to the succeeding registrar or to another person designated by the department.
History: 50-15-102, 50-15-103, MCA; IMP, 50-15-102, 50-15-103, 50-15-109, 50-15-124, MCA; Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.