Printer Friendly Version Printer Friendly Version| 6.2.101 | INCORPORATION OF MODEL PROCEDURAL RULES BY THE INSURANCE DEPARTMENT |
(1) The insurance department has adopted the Attorney General's Model Procedural Rules by reference to such rules as stated in ARM 1.3.101 through 1.3.233 with the exceptions enumerated in this chapter.
(2) The insurance department has adopted the Secretary of State's Model Organizational and Procedural Rules by reference to such rules as stated in ARM 1.3.301 through 1.3.313.
| 6.2.102 | (In lieu of 1.3.205) RULEMAKING, PREAMBLE AND SUMMARY (IS HEREBY REPEALED) |
This rule has been repealed.
| 6.2.103 | RULEMAKING, NOTICE |
This rule has been repealed.
| 6.2.104 | CONTESTED CASES, NOTICE OF OPPORTUNITY TO BE HEARD |
This rule has been repealed.
| 6.2.105 | (In lieu of 1.3.221) CONTESTED CASES, RECORD (IS HEREBY REPEALED) |
This rule has been repealed.
| 6.2.106 | (In lieu of 1.3.222) CONTESTED CASES, EVIDENCE (IS HEREBY REPEALED) |
This rule has been repealed.
| 6.2.107 | CONTESTED CASES, FINAL ORDERS |
This rule has been repealed.
| 6.2.108 | (In lieu of 1.3.226) CONTESTED CASES, NOTIFICATION OF ORDERS (IS HEREBY REPEALED ) |
This rule has been repealed.
| 6.2.120 | INCORPORATION OF MODEL PROCEDURAL RULES BY THE SECURITIES DEPARTMENT |
(1) The securities department has adopted the Attorney General's Model Procedural Rules by reference to such rules as stated in ARM 1.3.101 through 1.3.233 with the exceptions enumerated in this chapter.
(2) The securities department has adopted the Secretary of State's Model Organizational and Procedural Rules by reference to such rules as stated in ARM 1.3.301 through 1.3.313.
| 6.2.121 | ORDERS |
(1) All orders issued pursuant to the Securities Act of Montana shall be signed by the Securities Commissioner or a designee of the Securities Commissioner.
| 6.2.122 | TEMPORARY CEASE AND DESIST ORDERS |
| 6.2.123 | HEARINGS -- FINAL ORDER |
This rule has been repealed.
| 6.2.124 | JUDICIAL REVIEW |
This rule has been repealed.
| 6.2.201 | PURPOSE AND SCOPE |
(1) This subchapter implements for the department and the Department of Revenue the mechanisms provided in Title 17, chapter 4, MCA, for recovery and offset of monetary sums owing to the state of Montana, including, but not limited to, sums related to the provision of services through the programs administered by the department and fines and other fees imposed by the department.
(2) The provisions of this subchapter are not the department's exclusive means of debt collection, but are in addition to any other means of offset, recovery, or other debt collection procedures authorized by law.
| 6.2.202 | DEFINITIONS |
For the purpose of this subchapter, the following definitions shall apply:
(1) "Debt" means a monetary sum owed to the state of Montana.
(2) "Department" means the State Auditor's Office.
(3) "Offset" means a deduction from monies due to a person or entity from the state for the purpose of recovering in total or in part a debt owed by the person or entity to the state. An offset is undertaken by the Department of Revenue or other agency designated by law under the authority of 17-4-105, MCA. Offset may include, but is not limited to, an offset of a person's or an entity's state tax refund.
(4) "Recovery" means any measure undertaken by the Department of Revenue, or other agency designated by law, under the authority of 17-4-101, MCA, et seq., in accordance with that agency's rules and policies as a means of recovering a debt owed by a person or entity to the state of Montana. Recovery may include, but is not limited to, assignment to a collection agency and litigation.
| 6.2.203 | REFERRAL FOR RECOVERY AND OFFSET |
(1) The department under the authority of 17-4-104, MCA, may refer to the Department of Revenue, or other agency designated by law, for recovery and offset of any debt owed to the department.
(2) The department must determine that a debt is uncollectible by the department before the debt may be referred to the Department of Revenue or other agency designated by law.
| 6.2.204 | UNCOLLECTIBLE DEBT |
(1) A debt is uncollectible by the department if the department has determined that:
(a) the debt is owing to the department;
(b) the debtor has either not pursued available administrative remedies within the department, or has failed to prevail in the available administrative procedures or remedies within the department, or in any appeal from that administrative procedure or remedy to the state or federal courts;
(c) the debtor has failed to pay the debt after the department has made reasonable efforts to collect the debt; and
(d) the department has no administrative means such as recoupment from current payments by which to recover the debt.
(2) The department has made all reasonable efforts to collect a debt when the debt remains owed in whole or in part after:
(a) the department has utilized appropriate notices directed at the debtor's last known address to inform the debtor of the debt owed and the debtor cannot be contacted; or
(b) the department has provided the debtor with an opportunity to enter into a repayment agreement based on a schedule for debt repayment that the department determines is appropriate, and the debtor has failed to cooperate, or the debtor is failing to repay the debt.
(3) A debtor is failing to repay a debt when the debtor has failed to make a monthly or other payment for which the department has mailed notice of delinquency, including a demand for cure of the delinquency within ten days from the date of mailing.