Montana State Fund v. Simms [02/01/12] 2012 MT 22 Under § 44-5-303(1), MCA, State Fund has the burden to demonstrate that it is entitled to receive the requested confidential criminal justice information.  Once it meets its burden, the burden shifts to the opposing party to demonstrate why the information should not be disseminated.

Montana State Fund v. Simms [02/01/12] 2012 MT 22 Under § 44-5-303(6), MCA, State Fund may file an action for the dissemination of information it believes to be “appropriate and permissible.”  Therefore State Fund has standing to bring a petition to disseminate confidential criminal justice information under this statute.