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Administrative Rules

The Department of Justice develops rules by which it implements state law. The department accepts public comment on proposed rules, which are then filed with the Secretary of State's Office. That office publishes and distributes the final administrative rules adopted by state agencies, available online at Administrative Rules of Montana and Montana Administrative Register.

Department of Justice rules are found in Title 23 of the Administrative Rules of Montana (ARM):

Proposed Rules

Interested Persons

To receive notice of proposed rules relating to department legislation or a particular division or subject area, fill out the Request for Notice of Rulemaking by an Interested Person form and return it to the Rule Reviewer.

Proposed Rules
Division Proposed Rule Hearing Date Comments Due
Applicable to All State Agencies Notice of Public Hearing on Proposed Amendment and Repeal, MAR Notice 23-20-192 (PDF) – In the matter of the amendment of ARM 1.3.211 through 1.3.224, 1.3.226, 1.3.227, 1.3.229 through 1.3.233; and repeal of ARM 1.3.225, all pertaining to model rules June 11, 2008, at 10:30 a.m. June 19, 2008
Gambling Notice of Public Hearing on Proposed Amendment, MAR Notice 23-16-203 (PDF) – In the matter of the proposed amendment of ARM 23.16.1827, concerning record keeping requirements August 12, 2008, 9:00 a.m. August 14, 2008
Highway Patrol Notice of Public Hearing on Proposed Amendment, MAR Notice 23-6-198 (PDF) – In the matter of the amendment of ARM 23.6.106, pertaining to tow truck complaint resolution August 26, 2008, 1:00 p.m. August 28, 2008

Recently Adopted Rules

Recently Adopted Rules
Division Rule Effective Date
Board of Crime Control Notice of Repeal, Adoption and Amendment, MAR Notice 23-14-189 (PDF) – In the matter of the repeal of Title 23, chapter 14, subchapters 4, 5, 8, and 9, reflecting transfer of POST duties to a new division; repeal of ARM 23.14.207, pertaining to decision-making authority; repeal of ARM 23.15.105, pertaining to payments of claims; adoption of NEW RULES I through IX, establishing appeal procedures from POST decisions; and amendment of ARM 23.14.101, reflecting changes in statute August 1, 2008
Office of Victims Services Notice of Amendment, MAR Notice 23-15-197 (PDF) – In the matter of the amendment of ARM 23.15.102 regarding definitions August 1, 2008
Public Safety Officers Standards and Training Council Notice of Adoption, MAR Notice 23-13-196 (PDF) – In the matter of the proposed adoption of NEW RULES I through XXV, pertaining to the establishment of Public Safety Officers Standards and Training (POST) Council August 1, 2008

Declaratory Rulings

People who need to know whether a Department of Justice rule applies to a particular action they want to take, can ask the department for a declaratory ruling, as described in 2-4-501 of the Montana Code Annotated.

Declaratory Rulings
Division Rule Date Adopted
  None at this time.  

Contact the Rule Reviewer

To submit comments on proposed Department of Justice administrative rules, contact the Rule Reviewer:

E-mail: dojrules@mt.gov
Fax: (406) 444-3549
Mail:
Rule Reviewer
Department of Justice
P.O. Box 201401
Helena, MT 59620-1401

Please include your name and complete mailing address.