2-15-130. Compliance with Military Selective Service Act required for employment — rulemaking. (1) An agency of state government or of the Montana university system may not employ, on a full-time or part-time basis, in a permanent or temporary position, an individual who has failed to comply with the registration requirements of the federal Military Selective Service Act, 50 App. U.S.C. 451, et seq. However, this prohibition does not apply to an individual who:

Terms Used In Montana Code 2-15-130

  • Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-15-102
  • Department: means a principal functional and administrative entity that:

    (a)is created by this chapter within the executive branch of state government;

    (b)is one of the 20 principal departments permitted under the constitution; and

    (c)includes its units. See Montana Code 2-15-102

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204

(a)by a preponderance of the evidence shows that the failure to register was not done knowingly or willfully; or

(b)is exempt from registration under the provisions of the Military Selective Service Act.

(2)The department of administration and the board of regents shall adopt rules to implement this section.