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20.2.101   MODEL PROCEDURAL RULES

(1) The department of corrections has herein adopted and incorporated the attorney general's model procedural rules as published in ARM Title 1, chapter 3.   As the department of corrections is exempt from the Montana Administrative Procedure Act in the areas of the supervision and administration of any penal institution with regard to the institutional supervision, custody, control, care and treatment of youths or prisoners, none of the above cited model rules shall apply to the above listed institutional functions. Modifications to the model rules for contested cases are set forth in sub-chapter 2 of this chapter.

 

History: 2-4-101, and 2-4-201, MCA; IMP, 2-4-101, 2-4-201, and 2-4-202, MCA; NEW, Eff. 1/2/77; AMD, 1978 MAR p. 1362, Eff. 9/15/78; AMD, 2000 MAR p. 74, Eff. 1/14/00.
20.2.201   CONTESTED CASES, GENERAL AUTHORITY

(1) Authority for the adoption of these rules is given to the department under 53-1-203 , MCA. All rules adopted for fair hearings are in accordance with the following:

(a) section 46-23-421 , MCA,

(b) section 46-23-1023 , MCA.

History: 2-4-201, 53-1-203, MCA; IMP, 46-23-421, 46-23-1023, 53-30-229, MCA; NEW, Eff. 1/2/77; AMD, 1988 MAR p. 387, Eff. 2/26/88.
20.2.202   ON-SITE HEARING FOR AFTERCARE AGREEMENT VIOLATION, INITIAL INVESTIGATION AND INFORMAL SETTLEMENT

This rule has been transferred.

History: 2-4-201, MCA; IMP, 53-30-229(1), MCA; NEW, Eff. 1/2/77; TRANS, to Department of Family Services, Ch. 609, L. 1987, Eff. 7/1/87.
20.2.203   ON-SITE HEARING FOR AFTERCARE AGREEMENT VIOLATION, FORMAL HEARING PROCEDURE

This rule has been transferred.

History: 2-4-201, MCA; IMP, 53-30-226, MCA; NEW, Eff. 1/2/77; TRANS, to Department of Family Services, Ch. 609, L. 1987, Eff. 7/1/87.
20.2.204   AFTERCARE VIOLATION HEARING - DETENTION

This rule has been transferred.

History: 2-4-201, MCA; IMP, 53-30-229(1), MCA; NEW, Eff. 1/2/77; TRANS, to Department of Family Services, Ch. 609, L. 1987, Eff. 7/1/87.
20.2.205   AFTERCARE VIOLATION HEARING - HEARING PROCEDURES

This rule has been transferred.

History: 2-4-201, MCA; IMP, 53-30-229, MCA; NEW, Eff. 1/2/77; TRANS, to Department of Family Services, Ch. 609, L. 1987, Eff. 7/1/87.
20.2.206   WAIVER OF RIGHT TO HEARING

This rule has been transferred.

History: 2-4-201, MCA; IMP, 53-30-229, MCA; NEW, Eff. 1/2/77; TRANS, to Department of Family Services, Ch. 609, L. 1987, Eff. 7/1/87.
20.2.207   FAILURE TO APPEAR FOR HEARING

This rule has been transferred.

History: 2-4-201, MCA; IMP, 53-30-229, MCA; NEW, Eff. 1/2/77; TRANS, to Department of Family Services, Ch. 609, L. 1987, Eff. 7/1/87.
20.2.208   ON-SITE HEARING FOR PAROLE VIOLATION - NOTICE

This rule has been repealed.

History: 2-4-201, MCA; IMP, 46-23-1023, MCA; NEW, Eff. 1/2/77; REP, 2012 MAR p. 1619, Eff. 8/10/12.
20.2.209   ON-SITE HEARING FOR PAROLE VIOLATION - NOTICE AND WITNESSES

This rule has been repealed.

History: 2-4-201, MCA; IMP, 46-23-1023, MCA; NEW, Eff. 1/2/77; REP, 2012 MAR p. 1619, Eff. 8/10/12.
20.2.210   ON-SITE HEARING FOR PAROLE VIOLATION - HEARING

This rule has been repealed.

History: 2-4-201, MCA; IMP, 46-23-1023, MCA; NEW, Eff. 1/2/77; REP, 2012 MAR p. 1619, Eff. 8/10/12.
20.2.211   ON-SITE HEARING FOR PAROLE VIOLATION - FINDING

This rule has been repealed.

History: 2-4-201, MCA; IMP, 46-23-1023, MCA; NEW, Eff. 1/2/77; REP, 2012 MAR p. 1619, Eff. 8/10/12.
20.2.212   ON-SITE HEARING FOR FURLOUGH VIOLATION

This rule has been repealed.

History: 2-4-201, MCA; IMP, 46-23-1023, MCA; NEW, Eff. 1/2/77; REP, 2012 MAR p. 1619, Eff. 8/10/12.