Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 23.2.205 and repeal of ARM 23.12.1415 pertaining to investigative complaint review and a student's ranking at the Montana Law Enforcement Academy

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NOTICE OF PROPOSED AMENDMENT AND REPEAL

NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

1. The Department of Justice proposes to amend and repeal the above-stated rules.

2. The Department of Justice will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Justice no later than 5:00 p.m. on January 5, 2018, to advise us of the nature of the accommodation that you need. Please contact David M. Ortley, Department of Justice, MLEA, 2260 Sierra Road East, Helena, Montana, 59602; telephone (406) 444-9952; fax (406) 444-9977; or e-mail [email protected].

3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

23.2.205 COMPLAINT REVIEW (1) Whenever a law enforcement agency concludes that a state agency has actively conducted an investigation within their jurisdiction without proper notification, a written complaint may be forwarded to the attorney general ~~for referral to the law enforcement advisory council~~. Whenever a complaint is received, the attorney general or a designated representative will request a written response from the agency involved in the complaint. The attorney general or a designated representative ~~law enforcement advisory council~~ will review the response, determine if the action constituted a violation of investigative protocol, ~~and advise the attorney general.~~ and

~~(2) If the~~ ~~advisory council determines there has been a violation of investigative protocol, the attorney general or a designated representative shall~~ act to ensure future compliance with the administrative rules.

AUTH: 2-15-112, MCA

IMP: 44-2-115, MCA

REASON: The law enforcement advisory council is an informal group of advisors to the attorney general. The council is not mandated by law. As a practical matter the attorney general, or the attorney general’s designee, reviews and resolves allegations stemming from alleged violations of the Department of Justice investigative protocol. The department has determined that referral of written complaints, which are infrequent, to the advisory council unnecessarily complicates the investigative process and results in a duplication of effort. The added layer of bureaucracy results in delay and additional cost without furthering the process intended by the rule.

4. The department proposes to repeal the following rule:

23.12.1415 STUDENT'S FINAL RANKING IN THE BASIC COURSE CLASS

AUTH: 44-10-202, MCA

IMP: 44-10-202, MCA

REASON: The administrator and training staff of the Montana Law Enforcement Academy have determined that the final ranking of students in the basic law enforcement officer course serves no legitimate educational purpose and does not otherwise motivate students. The overwhelming majority of students attending the Academy are enrolled by law enforcement agencies by whom the peace officer has been hired. Any student's academic record is available to future employers upon request and receipt of an appropriate release. Outstanding performance while attending the Academy is recognized through awards presented at graduation in several categories, including academics.

5. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: David M. Ortley, Department of Justice, MLEA, 2260 Sierra Road East, Helena, Montana 59602; telephone (406) 444-9952; fax (406) 444-9977; or e-mail [email protected], and must be received no later than 5:00 p.m., January 19, 2018.

6. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to David M. Ortley at the above address no later than 5:00 p.m., January 19, 2018.

7. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 14 persons based on 146 agencies whose officers attend MLEA and are certified by the Peace Officers Standards and Training Board (POST).

8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 2 above or may be made by completing a request form at any rules hearing held by the department.

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.

/s/ Matthew T. Cochenour /s/ Timothy C. Fox

Matthew T. Cochenour Timothy C. Fox

Rule Reviewer Attorney General

Department of Justice

Certified to the Secretary of State December 11, 2017.