2.65.302    NOTICE AND REPORTING REQUIREMENTS

(1) If helpful, the coroner may request the assistance of a board representative or archaeologist or physical anthropologist and/or anyone else with special expertise in his original examination under 22-3-805(2), MCA. If a coroner cannot make the necessary determinations listed in 22-3-805(2), MCA, within two working days after he or she was notified of a possible discovery of human remains, he or she shall notify a board member in writing and provide an approximate time frame for his or her completion of the examination.

(2) If after taking reasonable steps to make his or her determinations listed in 22-3-805(2), MCA, the coroner cannot make his or her determination without removing or disturbing the human remains, the coroner shall provide the chairperson of the board with written report on the steps he or she took to make his or her determination and the reasons why the remains had to be disturbed or removed. The coroner must provide this report to the chairperson of the board within three days after the remains were disturbed or removed.

(3) Within 24 hours of notification by the coroner or other notification of a discovery of human skeletal remains, a burial site or burial material, or threatened disturbance of human skeletal remains, a burial site or burial material, the state historic preservation officer shall contact the landowner, agency, company and/or person, if known, conducting the activity which disturbs or threatens to disturb an unmarked burial or human skeletal remains, by phone or mail of the discovery and the procedures, liabilities and penalties established by the Human Skeletal Remains and Burial Site Protection Act. The State Historic Preservation Officer shall also notify all board members of such discovery.

(4) If a coroner is unable to notify the state historic preservation officer pursuant to the provisions of 22-3-805(4), MCA, the coroner shall notify the chairperson of the board or the law enforcement agency of the nearest Indian reservation by telephone. The chairperson of the board or the law enforcement agency who was contacted by the coroner shall immediately notify the landowner and board member representing the nearest reservation.

(5) The board shall develop a list, which includes the phone number of the chairperson, the state historic preservation officer and all the Montana reservation law enforcement agencies and make the list available to the Montana Coroners' Association.

(6) The board shall develop a telephone list of all board members and the state historic preservation officer and distribute it to all Montana reservation law enforcement agencies.

(7) The coroner shall provide the name, the description of the activity that led to the discovery and the phone number of the person who has discovered or disturbed human skeletal remains.

(8) When a coroner is satisfied that the discovery of human remains are not subject to the provisions of Title 46, chapter 4, MCA, or any other related provisions of law concerning the investigation and he or she has satisfied the provisions of Title 22, chapter 3, MCA, all responsibilities for the human remains, burial material and site are the responsibility of the Burial Preservation Board.

History: 22-3-804, MCA; IMP, 22-3-804, 22-3-805, MCA; NEW, 1998 MAR p. 478, Eff. 2/13/98; TRANS, from Commerce, 2001 MAR p. 2409; TRANS, from ARM 2.65.103, 2013 MAR p. 785, Eff. 5/10/13.