Current through Register Vol. 24, December 20, 2024
(1) The following
is a description of the functions and organization of the Office of the State
Auditor, ex officio Commissioner of Insurance, ex officio Commissioner of
Securities.
(a) History. The position of the
State Auditor was created by Article VII, section 1, of the 1889 Constitution
of Montana and was continued by Article VI, section 1, of the 1972
Constitution. The position of State Auditor, ex officio Commissioner of
Insurance, was created by
2-15-1903,
MCA, effective January 1, 1961. The position of State Auditor, ex officio
Commissioner of Securities, was created by
2-15-1901,
MCA, effective July 1, 1961.
(b)
State Auditor. The State Auditor is elected by the qualified voters of Montana
as provided by law at a statewide general election and holds office for a term
of four years, and until a successor is elected and qualified. The State
Auditor is responsible for administration of the Office of the State Auditor
and its departments, and serves as both ex officio Commissioner of Insurance,
and ex officio Securities Commissioner. The Office of the State Auditor also
operates as a criminal justice agency.
(c) Divisions. The Office of the State
Auditor consists of the following divisions:
(i) Insurance Department;
(ii) Securities Department;
(v) Information Technology; and
(2) Functions of divisions:
(a) Insurance Department. The Insurance
Department is headed by the Deputy Insurance Commissioner, and is responsible
for providing protection for Montana insurance consumers. The department
authorizes and examines insurers; collects and distributes premium taxes and
other fees; reviews insurance forms and rates; examines and licenses insurance
producers, solicitors, and adjustors; regulates insurance trade practices; and
investigates and resolves consumer inquiries and complaints.
(b) Securities Department. The Securities
Department is headed by the Deputy Securities Commissioner, and is responsible
for administration of the Securities Act of Montana. The department licenses
broker-dealers, salespersons, investment advisers, and investment adviser
representatives, and registers securities that are offered for sale in Montana.
The Securities Department also investigates and enforces violations of the
Securities Act of Montana.
(c)
Legal Unit. The Legal Unit is headed by the Chief Legal Counsel, and provides
legal support for the agency. The Legal Unit handles opinion requests,
administrative actions, court proceedings, and other legal matters with which
the State Auditor's Office is involved. The Investigations Unit is housed
within the Legal Department, and investigates criminal and civil insurance
fraud, as well as other violations of the Montana Insurance Code.
(d) Communications. The Communications
Division handles public inquiries and distributes information to the
public.
(e) Information Technology.
The Information Technology Division provides technology services for the other
divisions.
(f) Central Services.
Central Services is headed by the Central Services Administrator, and provides
administrative support for the Office of the State Auditor with regard to
budgeting, personnel, mail circulation, supplies and services, purchasing, and
word processing services.
(3) Information or submissions. General
inquiries regarding the Office of the State Auditor may be addressed to the
State Auditor. Specific inquiries regarding the functions of a particular
division may be addressed to the deputy in charge of that division. All
requests for hearing, declaratory rulings, and participation in rulemaking may
be addressed to the State Auditor unless the notice in the Montana
Administrative Register makes specific provisions for submissions.
(4) Chart of the Office of the State Auditor.
An organizational chart of the Office of the State Auditor is attached as the
following page of this rule, and is incorporated by this reference.
Click here to view
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