(1) The organization of the Montana wheat and barley committee has been sufficiently set out in Chapter 1 of this title.
History:
2-4-201,
2-15-112,
2-15-121 80-11-205, MCA;
IMP,
2-4-201,
80-11-201 MCA;
AMD, Eff. 12/31/77;
AMD, 1996 MAR p. 1826, Eff. 7/4/96;
AMD, 2024 MAR p. 128, Eff. 1/27/24.
(1) The department adopts and incorporates the Attorney General's model rules as stated in ARM 1.3.101 through 1.3.233, with any applicable deletions, modifications, and changes as set forth in ARM Title 4, chapter 9, subchapter 4, and the department's public participation rules in ARM 4.2.201 through 4.2.204.
History:
80-11-205, MCA;
IMP,
2-4-202, MCA; Eff. 10/31/72;
AMD, 1977 MAR p. 942, Eff. 11/26/77;
AMD, 2008 MAR p. 942, Eff. 5/9/08.
(1) Public participation is to be allowed to the fullest extent practicable and consistent with the other requirements of state law and the rights and requirements of personal privacy. This will aid in greater responsiveness of committee actions to all concerns and priorities as well as helping to better the understanding of programs and committee actions.
History: Sec.
80-11-205 MCA;
IMP, Sec.
2-4-202 MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77.
(1) Covering guidelines of the committee programs that could allow for public participation but may vary in relation to resources available, public response, and the nature of the issues involved would be the main criteria for this rule. Some of the areas that this rule will pertain to are:
(a) Informational materials - the committee shall provide and make accessible all available policy, programs and/or technical information to enable interested or affected parties to make informed and constructive contributions toward committee decisions. News releases and other publications may be used for this purpose as well as informational discussions and meetings with interested citizen's groups. Special efforts shall be made to summarize complex technical materials for public and media use.
(b) Assistance to the public - the committee will have a procedure for providing technical and informational assistance to public groups for citizen education, committee workshop training, dissemination of information to concerned groups and individuals. Requests for such information shall be promptly handled.
(c) Consultation - the committee shall have a procedure for early consultation and exchange of views with interested persons and organizations on development or revision of plans.
(d) Notification - the committee shall maintain a current list of interested persons and organizations including anyone who has requested inclusion on such a list for the distribution of information such as that listed in (1) (a) of this rule. The committee shall in addition notify any interested persons of any public hearing. Further, internal procedures for receiving and ensuring proper consideration of evidence and information submitted by citizens will be developed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-205 MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77.
(1) This allows for citizens to have the opportunity for involvement in the awarding of contracts and this shall be provided by observing the laws regarding awarding of contracts by public agencies. These laws require that any significant contracts be submitted to bid and public notice is through the invitation to bid.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-205 MCA;
NEW, 1977 MAR p. 943, Eff. 11/16/77.
(1) In addition to all other requirements the committee and the administrator shall continue to maintain liaison with citizen organizations active in areas concerning committee responsibilities. This liaison will be on formal and informal basis through participation in their meetings and in their organizations.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-205 MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77.
(1) Grant applications for project funding must be received by the deadline set by the committee. The committee will set at least one grant deadline per year. Consideration of a late grant application may occur if the committee agrees by unanimous vote.
History:
80-11-205, MCA;
IMP,
80-11-202,
80-11-205, MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77;
AMD, 1996 MAR p. 1826, Eff. 7/4/96;
AMD, 2015 MAR p. 2135, Eff. 12/11/15.
(1) All applications shall be reviewed and evaluated for project type, funding requested, market need for the project, and whether the project is new or on-going.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-205 MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77.
(1) At the second meeting of the committee held annually the projects to be funded for the following fiscal period are selected and the amount of grant funding will be determined. Decisions will be based on project priorities set by the committee for the fiscal period after review and evaluation.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-202 and
80-11-205 MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77;
AMD, 1996 MAR p. 1826, Eff. 7/4/96.
(1) Grant applicants shall be notified within 30 days after the committee's budget meeting as to whether or not their application(s) have been granted. Applicants shall also be notified of the amount to be funded for each approved project.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-202 and
80-11-205 MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77;
AMD, 1996 MAR p. 1826, Eff. 7/4/96.
(1) The committee shall periodically evaluate all outstanding grant agreements for adequate and satisfactory financial control, accounting, and performance by grantee.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-205 MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77.
| 4.9.306 | MODIFICATION OR TERMINATION OF GRANTS |
(1) The committee may modify or terminate the funding of any grant if a determination is made that the grantee has not complied or cannot comply with a provision of the grant agreement. The committee shall notify the grantee in writing within 30 days of such determination, of the reasons for the determination, and the effective date of the modification or determination.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-205 MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77.
| 4.9.307 | PROHIBITION ON INDIRECT PAYMENTS |
(1) In order to make sure funds are not used for prohibited purposes, indirect costs are not generally allowed as part of a grant. If the committee chooses to make an exception to the rule, a unanimous vote is required and the percentage of indirect costs cannot be more than 5 percent.
History:
80-11-205, MCA;
IMP,
80-11-202,
80-11-205, MCA;
NEW, 2015 MAR p. 2135, Eff. 12/11/15.
| 4.9.401 | WHEAT AND BARLEY ASSESSMENT AND REFUNDS |
(1) There shall be levied an assessment of:
(a) 25 mills per bushel upon all wheat sold in the state of Montana; and
(b) 35 mills per hundredweight on all barley sold in the state of Montana.
(2) All assessments are subject to refund provided the following criteria are met:
(a) Application for assessment refund shall be in writing on forms provided by the committee.
(i) Forms will be furnished upon application to the Montana Wheat and Barley Committee, P.O. Box 3024, Great Falls, Montana 59403-3024.
(b) Written application for refund of the wheat or barley assessments must be submitted by the first seller of the wheat or barley or by an individual with the first seller's power of attorney.
(c) Refund application forms shall be submitted 30 days after the date of first sale and no later than 90 days from the date of the first sale of wheat or barley for which a refund is filed.
History:
80-11-204,
80-11-205, MCA;
IMP,
80-11-205,
80-11-206, MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77;
AMD, 1985 MAR p. 1555, Eff. 10/18/85;
AMD, 1988 MAR p. 2032, Eff. 9/23/88;
AMD, 1996 MAR p. 1826, Eff. 7/4/96;
AMD, 1998 MAR p. 1696, Eff. 6/26/98;
AMD, 2003 MAR p. 1273, Eff. 6/27/03;
AMD, 2009 MAR p. 264, Eff. 2/27/09;
AMD, 2023 MAR p. 11, Eff. 1/14/23.
(1) All monthly grain merchandiser report forms shall be sent out from the Montana wheat and barley committee with an enclosed envelope addressed to the committee and these reports shall be completed and returned to the committee after being properly signed and sworn to each and every month. These reports shall be filed with the committee within 20 days after the close of the business for the month in which the report is being filed. Additional sections of this form may be used to comply with 80-4-407, MCA.
(2) Requests for past due reports shall be handled in the following manner:
(a) First notice shall be a form letter from the Montana wheat and barley committee requesting submission of the past due reports within 10 days of the date of the letter.
(b) Second notice shall be a telephone call giving five additional days to submit the past due reports.
(c) Third and final notice shall be a visit from a department of agriculture inspector to collect the past due reports.
(d) Any person failing to produce the past due reports shall be subject to a fine of not less than $50 or more than $5,000 based upon the amount withheld and the number of refunds attached. See the penalty matrix in ARM 4.9.404.
History:
80-11-205, MCA;
IMP,
80-11-205,
80-11-207, MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77;
AMD, 1996 MAR p. 1826, Eff. 7/4/96;
AMD, 2020 MAR p. 1837, Eff. 10/10/20;
AMD, 2024 MAR p. 128, Eff. 1/27/24.
| 4.9.403 | CORRECTION OF ERRORS ON REPORTS |
(1) Checking of
all reports for errors in bushels of wheat or hundredweights of barley, amount of assessment paid, failure to make payment of assessment on all first purchases of wheat or barley, lack of signature, or lack of notary seal will be handled in the
following manner:
(a) A telephone call shall be made to the purchaser to try to correct the error.
(b) A corrected report shall be requested if the error cannot be corrected over the telephone.
(c) A visit by the department of agriculture inspector shall be made if the error cannot be corrected over the telephone and if a corrected report cannot be obtained.
(d) Any person failing to comply with the request for corrections will be guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $500 upon conviction.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-205 MCA;
NEW, 1977 MAR p. 943, Eff. 11/26/77.
(1) Any person failing to produce past due reports will be subject to a fee based on the following matrix:
Amount withheld | No refunds affected | 1-5 refunds affected | Greater than 5 refunds affected |
Less than $1,000 | $50 | $500 | $1,000 |
$1,000-$10,000 | $500 | $1,000 | $2,500 |
Greater than $10,000 | $1,000 | $2,500 | $5,000 |
History:
80-11-211, MCA;
IMP,
80-11-211, MCA;
NEW, 2020 MAR p. 1837, Eff. 10/10/20.
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA;
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA;
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
| 4.9.503 | STATEMENT OF ADMINISTRATIVE POLICIES |
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA;
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
| 4.9.504 | APPLICATIONS - GENERAL REQUIREMENTS |
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA;
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA,
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
| 4.9.506 | APPLICATION SUBMITTAL DEADLINES |
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA,
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA;
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA;
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
| 4.9.509 | CONDITIONS UNDER WHICH GRANTS MAY BE USED AND OTHER CONDITIONS |
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA;
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA;
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA;
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
This rule has been repealed.
History: Secs.
80-11-206,
80-11-221,
80-11-222,
80-11-223, MCA;
IMP, Sec.
80-11-222, MCA;
NEW, 1979 MAR p. 861, Eff. 11/16/79;
REP, 1982 MAR p. 848, Eff. 4/30/82.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA,
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
| 4.9.515 | STATEMENT OF ADMINISTRATIVE POLICIES |
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
| 4.9.516 | APPLICATIONS - GENERAL REQUIREMENTS |
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
| 4.9.518 | APPLICATION SUBMITTAL DEADLINES |
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
| 4.9.521 | CONDITIONS UNDER WHICH GRANTS MAY BE USED AND OTHER CONDITIONS |
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 377, Eff. 2/26/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA,
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
| 4.9.527 | STATEMENT OF ADMINISTRATIVE POLICIES |
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
| 4.9.528 | APPLICATIONS - GENERAL REQUIREMENTS |
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
| 4.9.530 | APPLICATION SUBMITTAL DEADLINES |
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
| 4.9.533 | CONDITIONS UNDER WHICH GRANTS MAY BE USED AND OTHER CONDITIONS |
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.
This rule has been repealed.
History: Sec.
80-11-205 MCA;
IMP, Sec.
80-11-222 MCA;
NEW, 1982 MAR p. 1846, Eff. 10/15/82;
REP, 1996 MAR p. 545, Eff. 2/23/96.