Montana Code 20-7-605. Notification and processing of complaint against licensed textbook dealer
20-7-605. Notification and processing of complaint against licensed textbook dealer. (1) A district or county superintendent shall notify the superintendent of public instruction whenever it is ascertained that a licensed textbook dealer is:
Terms Used In Montana Code 20-7-605
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County superintendent: means the county government official who is the school officer of the county. See Montana Code 20-1-101
- district: means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. See Montana Code 20-6-101
- fund: means a separate detailed account of receipts and expenditures for a specific purpose as authorized by law or by the superintendent of public instruction under the provisions of subsection (2). See Montana Code 20-9-201
- 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
- Superintendent of public instruction: means that state government official designated as a member of the executive branch by the Montana constitution. See Montana Code 20-1-101
- Textbook: means a book, digital resource, or manual used as a principal source of study material for a given class or group of students. See Montana Code 20-1-101
- Textbook dealer: means a party, company, corporation, or other organization selling, offering to sell, or offering for adoption textbooks to districts in the state. See Montana Code 20-1-101
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)offering to sell textbooks at a higher price than the listed uniform sales price filed with the superintendent of public instruction;
(b)offering to sell textbooks at a higher shipping point price than the shipping point price of the same textbooks distributed elsewhere in the United States; or
(c)in any other way performing contrary to the laws regulating the offering of textbooks for sale or adoption to districts.
(2)Upon receipt of such notification from the district or county superintendent, the superintendent of public instruction shall notify the appropriate licensed textbook dealer of the complaint. If the superintendent of public instruction finds that the licensed textbook dealer has violated any provision of this section and the dealer fails to rectify the error within 30 days of the notification of the finding of a violation, the dealer shall forfeit the dealer’s surety bond. The attorney general, upon written request of the superintendent of public instruction, shall proceed to collect by legal action the full amount of the surety bond. Any amount recovered must be paid into the state general fund.