Current through Register Vol. 23, December 6, 2024
Rule 2.59.1740 - STANDARDS FOR DETERMINING FINANCIAL RESPONSIBILITY(1) The department shall find an individual lacks the required financial responsibility if a pattern of disregard is shown regarding the management of the individual's personal financial affairs.(2) In determining whether an individual has shown a pattern of disregard regarding their own personal financial affairs, the department shall consider the following factors: (a) the existence of outstanding judgment(s), excluding judgments resulting solely from medical expenses;(b) the existence of outstanding tax liens or other government liens or filings;(c) a pattern of delinquency in child support or student loan payments;(d) the existence of outstanding collection actions against the individual unless solely as a result of medical expenses;(e) the existence of outstanding charged-off accounts with a remaining past due balance owed unless solely as a result of medical expenses;(f) the existence of three or more accounts currently 90 days or more past due; and(g) a foreclosure within the past three years.(3) The department may not consider a bankruptcy as the sole basis for a finding that an individual lacks the required financial responsibility; however, the department may consider the factors that lead to the bankruptcy.Mont. Admin. r. 2.59.1740
NEW, 2012 MAR p. 183, Eff. 1/27/12.32-9-130, MCA; IMP, 32-9-113, 32-9-117, 32-9-120, MCA;