37.113.112    COMPLAINT PROCEDURE REGARDING SMOKING VIOLATIONS

(1) An individual who believes that a violation of the Montana Clean Indoor Air Act or of 20-1-220, MCA has occurred may file a written or electronic complaint with the department or the local health board or its designee that describes the violation, and provides the date of the violation and is signed by the complaining party.

(2) If a complaint is filed with the local health board, a written or electronic copy of the complaint must be forwarded within 30 days to the Department of Public Health and Human Services, Montana Tobacco Use Prevention Section, P.O. Box 202951, Helena, MT 59620-2951.

(3) If a complaint is filed initially with the department or a designee of the department, a written or electronic copy will be forwarded within five working days to the local health board of the county in which the violation allegedly occurred.

(4) Once a complaint is filed, the department or a designee of the department, which may include the local health department, may conduct an investigation to determine if a violation occurred.

(5) If the department or its designee, after an investigation, determines that a violation did occur, it will document the violation and file the documentation and the determination of the department or its designee with the office of the county attorney in the county where the violation occurred.

 

History: 50-40-110, MCA; IMP, 20-1-220, 50-40-104, 50-40-108, MCA; NEW, 2005 MAR p. 2079, Eff. 10/28/05; AMD, 2009 MAR p. 1414, Eff. 10/1/09.