1. (1) The following is a description of the organization of the Office of the State Auditor, ex officio Commissioner of Insurance, ex officio Commissioner of Securities.

   1. (a) The position of the State Auditor was created by Article VII, section 1, of the 1889 Constitution of Montana and was continued by Article VI, section 1, of the 1972 Constitution. The position of State Auditor, ex officio Commissioner of Insurance, was created by 2-15-1903, MCA, effective January 1, 1961. The position of State Auditor, ex officio Commissioner of Securities, was created by 2-15-1901, MCA, effective July 1, 1961. The Office of the State Auditor operates as a criminal justice agency.
   2. (b) The State Auditor is the department head and is elected by the qualified voters of Montana as provided by law at a statewide general election and holds office for a term of four years, and until a successor is elected and qualified. The State Auditor is responsible for the administration of the Office of the State Auditor and its divisions, and serves as both ex officio Commissioner of Insurance and ex officio Securities Commissioner. The State Auditor also serves as a member of the Board of Land Commissioners, the Board of State Canvassers, and the Crop Hail Insurance Board.
   3. (c) The Deputy State Auditor is the highest-ranking appointment in the agency. The Deputy State Auditor provides oversight of the Insurance, Securities, and Central Management Divisions.

   4. (d) The Office of the State Auditor consists of four divisions and separate Government Affairs Unit and Communications Unit. The divisions are further divided into bureaus or units, headed by chiefs, directors, or deputies. A list of the divisions and units follows:

      1. (i) Insurance Division;
      2. (ii) Securities Division;
      3. (iii) Legal Services Division;
      4. (iv) Central Management Division;
      5. (v) Communications Unit;
      6. (vi) Government Affairs Unit.

2. (2) The functions of the divisions and units follow:

   1. (a) As a matter of law, the State Auditor’s Office works to ensure compliance with the Montana insurance and securities laws, promotes captive insurance formations, supports capital formation in the state, and assists consumers with complaints involving the securities and insurance industries. The State Auditor is charged with licensing, registering, and regulating insurance companies and producers, securities issuers, broker-dealers, salespersons, investment advisers, and investment adviser representatives who conduct business in the State of Montana.
   2. (b) The Insurance Division is headed by the deputy insurance commissioner. The Insurance Division is responsible for providing protection for Montana insurance consumers and resolving insurance consumer inquiries and complaints involving agents, coverage, and companies, and for administering the Montana Insurance Code. The division monitors the financial solvency of insurance companies operating in Montana through financial analyses and examinations; collects premium taxes and company fees paid by insurance companies operating in Montana; reviews rate and form filings to ensure compliance with the Montana Insurance Code; and licenses and provides continuing education to insurance producers, agencies, and adjustors. The division also investigates criminal and civil insurance fraud, complaints, as well as other violations of the Montana Insurance Code. The division is comprised of the following six bureaus: Examinations and Captives, Producer Licensing and Market Conduct, Rates, Forms, Insurance Consumer Services, and Investigations.
   3. (c) The Securities Division is headed by the deputy securities commissioner. The Securities Division educates Montana consumers and investors, promotes capital formation, oversees Montana’s intrastate securities industry, and is responsible for the administration of the Securities Act of Montana. The division is responsible for registering securities, security issuers, broker-dealers, salespersons, investment advisers, and investment adviser representatives, and conducting examinations of state-registered investment adviser firms. The division also investigates unregistered or fraudulent securities transactions as well as other violations of the Securities Act of Montana.
   4. (d) The Legal Services Division is headed by the chief legal counsel. The division provides legal support for the agency. The Legal Services Division handles agency legal questions, advisory memoranda and opinion requests, administrative actions, court proceedings, and other legal matters. The division enforces Montana’s securities and insurance laws, holds bad actors accountable through prosecution of criminal and civil cases, and represents the commissioner and the agency in legal matters. The division also handles public records requests.
   5. (e) The Central Management Division is headed by the deputy auditor. The division provides administrative support in the areas of accounting and budget, human resources, and information technology. Additionally, the Central Management Division provides support in fulfilling the commissioner’s duties as a member of the Board of Land Commissioners and Crop Hail Insurance Board. The division is also a conduit for the distribution of the state fire and police retirement program. The division consists of the following three units: Accounting, Fiscal and Budget; Human Resources; and Information Technology.
   6. (f) The Government Affairs Unit is headed by the Government Affairs Director. The unit coordinates agency interactions with legislative bodies, executive offices, and other governmental entities, and provides agency support on legislative requests and implementation of new laws.
   7. (g) The Communications Unit is headed by the chief of staff. The unit handles public inquiries and distributes information to the public.
3. (3) General inquiries regarding the Office of the State Auditor may be addressed to the State Auditor at 840 Helena Avenue, Helena, MT 59601 or online at csimt.gov. Specific inquiries regarding the functions of a particular division may be addressed to the deputy in charge of that division. All requests for hearings, declaratory rulings, and participation in rulemaking may be addressed to the State Auditor unless the notice in the Montana Administrative Register makes specific provisions for submissions.

4. (4) Organizational chart of the Office of the State Auditor.

   

Authorizing statute(s): 2-4-201(1), MCA

History: NEW, Eff. 4/4/75; AMD, Eff. 10/31/78; AMD, Eff. 6/29/79; AMD, Eff. 12/31/89; AMD, Eff. 9/30/93; AMD, Eff. 6/30/96; AMD, Eff. 9/30/08; AMD, Eff. 3/31/14; AMD, Eff. 12/31/17; AMD, Eff. 9/30/22; AMD, Eff. 12/31/22; AMD, Eff. 11/5/25.