53-2-305. Local offices of public assistance under supervision of department. (1) Local offices of public assistance are under the supervision of the department and are subject to audit by the department. However, the department shall enter into agreements with the counties regarding minimum standards of operation, including but not limited to office hours, staffing, significant program changes, administration of county public assistance programs, and office facilities. If the board of county commissioners in a county disagrees with a specific method used, approach taken, or decision made that has a broad impact on the provision of public assistance in the county, the board of county commissioners may present their objections to the department in accordance with subsection (2). Prior to and during the development of an agreement, the department shall ensure the participation of the tribal government in the development of a plan for any county that serves an Indian reservation.
     (2) All objections made by the board of county commissioners pursuant to subsection (1) must be presented to the department in writing. Within 45 days of receiving a written objection, the department shall convene a resolution committee. The committee must be composed of two county commissioners to be appointed for 2-year terms by the Montana association of counties, two representatives or designees of the department, and a fifth member selected by the other members. If the other members cannot agree on the fifth member, the attorney general shall appoint the fifth member. The resolution committee shall review the objections made by the county and shall attempt, in good faith, to develop an alternative method, approach, or resolution that is satisfactory to both the department and the county. The resolution committee shall present the results of its deliberations to the director of the department to carry out the alternative method, approach, or resolution.

     History: En. Subd. (c), Sec. 10, Part 1, Ch. 82, L. 1937; amd. Sec. 6, Ch. 129, L. 1939; amd. Sec. 22, Ch. 121, L. 1974; R.C.M. 1947, 71-218; amd. Sec. 411, Ch. 546, L. 1995; amd. Sec. 17, Ch. 571, L. 2001.