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  3. DUT-MT-006

Ex. DUT-MT-006 Standing duty Primary source read

Mont. Code Ann. 50-2-123

Compliance order authorized

Montana Legislature (Montana Code Annotated, Title 50, ch. 2) · Montana (State)

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The record

Jurisdiction
Montana
Level
State
Authority
Mont. Code Ann. Title 50, ch. 2, part 1
Issued
2026-09-28 Sept. 28, 2026
Effective
standing; subsection (2) added by Ch. 408, L. 2021 (HB 121) (read as 2026-09-28)
End
standing
In force
Standing since Sept. 28, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOperating condition
Addressees
  • persons generally; employers; owners or persons in control of premises
Character
order penalty
Collection
Standing duties: Montana DUT-MT

Operative words

(1) If a person refuses or neglects to comply with a written order of a state or local health officer within a reasonable time specified in the order, the state or local health officer may cause the order to be complied with and initiate an action to recover any expenses incurred from the person who refused or neglected to comply with the order.

Penalty

Execution of the order at the violator's expense; cumulative with 50-2-124

What it required

A written order of a State or local health officer binds its addressee; on refusal or neglect the officer may execute the order and recover the cost from the violator. The Yellowstone County and Gallatin County orders recited 50-2-118, -123 and -124 as their enforcement provisions (seven library records carry 'Mont. Code Ann. 50-2-118, -123, -124' as enforcement).

Retrieval note

Subsection (2) (2021): a compliance order 'may not be initiated for an order that violates 50-2-116(5) or 50-2-118(3)', the 2021 limits on local orders that compel a business to deny customers access (Ex. MT-073).