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Letters of Advice – 2002

Disclaimer: The Department of Justice expends considerable effort to ensure that the letters of advice appearing on our website are true copies of the originals on file in our office. However, we cannot guarantee the accuracy of a printed copy that you did not personally download from the website.

Subject Conclusion Requestor Date Issued
Banks and Banking In the absence of any statutory language indicating legislative intent to exempt non-residents from paying an ATM surcharge, the only conclusion that can be drawn is that the legislature intended to authorize imposition of the surcharge without regard to residency. Darkenwald, Scott
Coroners If there is only one fully licensed mortuary in a county, but there is a competing branch funeral chapel, it is a conflict of interest for the mortician of the fully licensed mortuary to serve as county coroner; how to address the conflict of interest is a matter that must be resolved by local government. Cooke, Christine A.
County Attorney
Big Horn
Denturity The legislature has provided that it is unlawful for institutions to award degrees without the prior approval of the Board of Regents, unless the institution awarding the degree is accredited by an organization recognized by the Regents. The Regents also are responsible for reviewing and approving accrediting agencies that approve the curriculum for training denturists. Smith, Lewis
Board of Dentistry
Local Government No provision of Montana law prohibits a local government, such as the City of Missoula, from enacting an ordinance relating to the regulation of local elections. Nugent, Jim
City Attorney
Prisoners No change in the holding of 47 Op. Att’y Gen. No. 2 (1997) is warranted. The county is the payor of first resort for health care providers who provide services to inmates. Paxinos, Dennis
County Attorney
Privacy The Department of Revenue’s practice of using social security numbers as the identifying numbers on warrants for distraint is permissible. Alme, Kurt
Privacy The Secretary of State may publish on the Internet the names of persons who serve as the registered agents of corporations or as their officers or directors without violating the privacy rights of the officers, directors, and registered agents. Brown, Bob
Secretary of State
Property, Real An instrument is not precluded from being recorded because it is not notarized in strict conformance with Mont. Code Ann. § 1-5-416. Esch, Thomas
County Attorney
Religion The use of the expression “A.D.” (Anno Domini) or the phrase “in the year of our Lord” on a marriage license or certificate of marriage does not violate the Establishment or Free Exercise Clause of either the United States or Montana Constitution. Lambert, Marty
County Attorney
Workers’ Compensation An employee is prohibited from receiving holiday pay for holidays that occur while the employee is receiving temporary total or permanent total disability benefits under the Workers’ Compensation Act. Erekson, Matthew
City Attorney


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