23.2.202    PROTOCOL

(1) A state agency shall not undertake an active criminal investigation except as provided in section 44-2-115 , MCA. When a state agency begins an active investigation pursuant to section 44-2-115 , MCA, within the jurisdiction of a local law enforcement agency, the administrator of the division or a designated liaison officer shall provide advance notification to the chief law enforcement officer or designated liaison officer of that jurisdiction.

(2) This notification is required in all instances unless one of the following special exceptions exist:

(a) An investigation has been properly initiated within one jurisdiction and during the immediate course of the investigation exigent circumstances require investigation in another jurisdiction. In this event, the state liaison officer shall notify the affected jurisdiction as soon as the safety and security of investigative personnel is assured.

(b) When an investigation is performed by a state agency at the request and under the direction of a federal law enforcement agency, the responsibility for and decision regarding notification to other authorities shall be made by the federal agent in charge of the investigation. When joint federal and state investigations are conducted, the liaison officer for the state agency will request in writing that the federal agency notify local law enforcement officials that the investigation is in progress, and document the response to this notification.

(c) When the subject of the investigation is the chief law enforcement officer of the agency or public official and a request for investigative assistance has been received pursuant to section 44-2-115 (1) , MCA, the notification procedure described in ARM 23.2.203 will apply.

History: Sec. 2-15-112, MCA; IMP, Sec. 44-2-115, MCA; NEW, 1992 MAR p. 2752, Eff. 11/13/92.