Administrative Rules of Montana Department 30 - LIEUTENANT GOVERNOR
📘 Overview: Montana Administrative Rules – Department 30: Lieutenant Governor
The Montana Lieutenant Governor has administrative rules that define their duties in state government, including:
Succession and delegation of duties – Acting as Governor when necessary.
Certification and record-keeping – Handling official documents and certifications.
Oversight of boards and commissions – Serving on committees as required by statute.
Administrative filings – Processing official forms, oaths, and legal documents.
Coordination with other state agencies – Ensuring proper communication and execution of executive functions.
Department 30 rules clarify the formal responsibilities, procedures, and administrative powers of the Lieutenant Governor in Montana.
📚 Detailed Cases / Situations under Department 30 – Lieutenant Governor
Case 1 – Acting as Governor During Absence
When the Governor is out of state, incapacitated, or otherwise unable to perform duties, the Lieutenant Governor temporarily assumes the powers of the Governor.
Rules specify how notification is given and how executive orders or approvals are signed.
Example:
The Governor travels abroad for a week. The Lieutenant Governor signs proclamations and approves emergency state contracts during this period. Once the Governor returns, all authority reverts, but actions taken remain valid under Department 30 rules.
Case 2 – Certification of Official Documents
The Lieutenant Governor’s office certifies official documents such as election results, legislative acts, and executive orders.
Rules define the procedures for verification, signatures, and record retention.
Example:
After a general election, the Lieutenant Governor certifies the vote totals for statewide offices. If errors are discovered in preliminary counts, the office follows rules for correction and re-certification to maintain legal accuracy.
Case 3 – Chairing or Serving on Boards
The Lieutenant Governor may serve as chair or member of certain boards or commissions by statute or executive order.
Rules provide guidance for quorum, voting, and reporting responsibilities.
Example:
The Lieutenant Governor chairs a state economic development commission. A dispute arises about quorum during a vote on funding allocation. The office applies Department 30 rules to confirm quorum and validate the decision.
Case 4 – Processing Oaths and Affidavits
Officials taking office, boards, and committees may submit oaths of office to the Lieutenant Governor’s office.
The rules ensure proper format, authentication, and archival for legal and historical purposes.
Example:
A newly elected public official submits an oath to the Lieutenant Governor. The office verifies signatures, notarization (if required), and files the oath officially. Failure to properly file could delay the official’s ability to exercise authority.
Case 5 – Acting on Emergency Proclamations
Department 30 rules allow the Lieutenant Governor to act on behalf of the Governor in emergency situations when immediate action is required.
Includes coordination with state agencies and notification to the legislature or public.
Example:
A natural disaster strikes while the Governor is unavailable. The Lieutenant Governor issues an emergency proclamation enabling state funds to be released for relief efforts, following all prescribed procedures.
Case 6 – Maintaining Records of Executive Actions
The Lieutenant Governor must ensure official actions, orders, and communications are recorded and archived.
Rules specify record retention schedules, formats, and accessibility.
Example:
The Lieutenant Governor signs multiple executive orders during a Governor’s absence. The office creates a digital and physical archive, indexed by date and topic, ensuring future accessibility and compliance with public records law.
Case 7 – Delegation and Administrative Oversight
The rules allow the Lieutenant Governor to delegate administrative tasks to staff while retaining responsibility for compliance with statutory duties.
Delegation must be documented and reported according to Department 30 procedures.
Example:
Routine certification of agency reports is delegated to staff. The Lieutenant Governor reviews monthly summaries to ensure accuracy and compliance with rules, mitigating the risk of administrative errors.
Case 8 – Resolution of Conflicts in Official Duties
Department 30 rules provide procedures when there is ambiguity or conflict between the Governor’s directives and statutory duties of the Lieutenant Governor.
The office may consult legal counsel, document decisions, and escalate issues if needed.
Example:
The Lieutenant Governor receives conflicting instructions from the Governor and a statutory board. Following Department 30 guidance, the office documents the issue, consults the Attorney General’s office, and issues a compliant action while protecting legal authority.
🧠Key Takeaways
Department 30 rules clarify the administrative, ceremonial, and legal functions of the Lieutenant Governor in Montana.
Cases typically involve acting for the Governor, certification of documents, board service, emergency action, and record-keeping.
Compliance with these rules ensures legality, continuity of government, and public trust.
Most situations are administrative or procedural, not judicial, but have legal significance for state operations.
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