RECENT RULEMAKING BY AGENCY

 

The Administrative Rules of Montana (ARM) is a compilation of existing permanent rules of those executive agencies that have been designated by the Montana Administrative Procedure Act for inclusion in the ARM. The ARM is updated through June 30, 2021. This table includes notices in which those rules adopted during the period April 30, 2021, through October 8, 2021, occurred and any proposed rule action that was pending during the past 6-month period. (A notice of adoption must be published within six months of the published notice of the proposed rule.)  This table does not include the contents of this issue of the Montana Administrative Register (MAR or Register).

 

To be current on proposed and adopted rulemaking, it is necessary to check the ARM updated through June 30, 2021, this table, and the table of contents of this issue of the Register.

 

This table indicates the department name, title number, notice numbers in ascending order, the subject matter of the notice, and the page number(s) at which the notice is published in the 2021 Montana Administrative Registers.

 

To aid the user, this table includes rulemaking actions of such entities as boards and commissions listed separately under their appropriate title number.

 

ADMINISTRATION, Department of, Title 2

 

2-11-614         Adoption of a State Plan of Operation for Federal Surplus Property, p. 378, 990

2-59-613         Examination Fees - Revocation and Suspension of Mortgage Licenses - Consumer Complaints - Confidentiality Agreements - Sharing Arrangements - Reinstatement of Expired or Suspended Licenses - Mortgage Loan Origination Disclosure Form - Bona Fide Not-For-Profit Certification - Applications for Initial Licenses Near Year End, p. 381, 715

2-59-617         Semiannual Assessments - Supervisory Fees for Banks and Credit Unions, p. 1004, 1319

2-59-618         Renewal Fees of Mortgage Brokers, Lenders, Servicers, and Loan Originators, p. 1007, 1320

 

(Public Employees' Retirement Board)

2-43-611         Investment Policy Statements for the Defined Contribution Retirement Plan, the Montana Fixed Fund, and the 457(b) Deferred Compensation Plan, p. 201, 465

 

(Burial Preservation Board)

2-65-620         Permits for Scientific Analysis, p. 1092

 

AGRICULTURE, Department of, Title 4

 

4-21-272         Plant Health Quarantines, p. 100, 552

4-21-273         Certified Noxious Weed Free Materials, p. 804, 1048

 

STATE AUDITOR, Office of, Title 6

 

6-264               Suitability in Annuity Transactions Act, p. 971, 1206

 

(Classification Review Committee)

6-263               Establishment, Deletion, or Revision of Classifications for Various Industries for Supplementing the NCCI Basic Manual for Workers' Compensation and Employers Liability Insurance, p. 447, 919

 

COMMERCE, Department of, Title 8

 

8-94-186         Administration of the Federal Community Development Block Grant (CDBG) Program–Planning Grants, p. 288, 554

8-94-187         Administration of the Montana Coal Endowment Program (MCEP)–Planning Grants, p. 591, 872

8-94-189         Administration of the Community Development Block Grant Cares Act (CDBG-CV) Program, p. 813, 1049

8-94-190         Administration of the CDBG Program, p. 976, 1208

8-111-188       Cash Advances, p. 815, 1053

 

(Board of Investments)

8-97-100         Board of Investments Rules, p. 205, 466

 

EDUCATION, Title 10

 

(Montana State Library)

10-102-2101 Essential Standards - Library Board, Governance, and Working With the Director - Serving the Community - Personnel - Standard Notification, Final Arbiter, and Appeal Process - Deferrals, p. 818, 1138

 

FISH, WILDLIFE AND PARKS, Department of, Title 12

 

12-548             Closing the Selway Park Fishing Access Site in Beaverhead County, p. 756

12-549             Closing Cooney Reservoir in Carbon County, p. 873

12-550             Closing Holter Lake From the Point of Log Gulch Campground to Holter Dam in Lewis and Clark County, p. 1054

 

(Fish and Wildlife Commission)

12-541             Policy Regarding the Management of Black Bear, p. 389, 920

12-545             Use of Deer or Elk Urine to Mask Human Odor, p. 391, 921

12-546             Implementation of the Commercial Use Cap on the Madison River, p. 395, 923

 

ENVIRONMENTAL QUALITY, Department of, Title 17

 

(Petroleum Tank Release Compensation Board)

17-416             Eligibility Determination for Petroleum Storage Tank Cleanup, p. 1095

 

TRANSPORTATION, Department of, Title 18

 

18-184             Motor Carrier Services Safety Requirements, p. 450, 875

 

CORRECTIONS, Department of, Title 20

 

JUSTICE, Department of, Title 23

 

23-12-261       Tracking Sexual Assault Evidence Kits Through a Statewide Sexual Assault Kit Tracking System, p. 727, 1056

23-18-262       Certificates of Public Advantage, p. 453, 758

 

(Public Safety Officers Standards and Training Council)

23-13-260       Certification of Public Safety Officers, p. 4, 616

 

LABOR AND INDUSTRY, Department of, Title 24

 

Boards under the Business Standards Division are listed in alphabetical order by chapter following the department notices.

 

24-2-373         Commissioner's Active Supervision of the Board of Dentistry Regarding Designation of Public Health Facilities for Limited Access Permits, p. 731

24-11-372       COVID Unemployment Insurance Benefits, p. 534, 759

24-11-375       Disqualification for Unemployment Insurance Benefits Due to Failure or Refusal of a Drug Test - Requalification, p. 1011

24-17-380       Prevailing Wage Rates for Public Works Projects, p. 1259

24-21-378       Montana's Registered Apprenticeship Program - Recognition of Pre-Apprenticeship Programs, p. 1098

24-29-367       Medical Fee Schedules for Workers' Compensation Purposes, p. 397, 716

24-29-371       Medical Utilization and Treatment Guidelines for Workers' Compensation Purposes, p. 536, 761

24-29-374       Workers' Compensation Petitions for Reopening, p. 978, 1210

24-35-376       Independent Contractors, p. 1109

24-101-310     Nonroutine Applications and Criminal Convictions, p. 290, 556

24-122-1         Boiler Operator Licensing - Fee Schedule for Boiler Operating Engineers - Approval of Training Courses - Examinations - Renewals, p. 20, 468

24-122-2         Creation of a Limited Low-Pressure Boiler Operating Engineer's License - Incorporation by Reference of Boiler and Pressure Vessel Code - Fees, p. 1113

24-131-1         Construction Blaster Licensing - Fees - Training Programs - Variances - Requirements, p. 24, 469

24-135-3         License Requirements for Crane and Hoisting Operating Engineers - Fees - Incorporation by Reference of American National Standards Institute B30.5, p. 29, 470

24-142-2         Elevator Licensing - Fee Schedule - Licensee Responsibilities - Elevator Mechanic and Limited Mechanic Licensure Qualifications - Examinations - Licensure by Reciprocity or Endorsement - Apprentice Registration, p. 34, 475

24-142-3         Elevator Licensing Program - Fee Schedule - Continuing Education Credits Required - Continuing Education Sponsors and Courses, p. 1117

24-144-2         Fire Protection License Program - Definitions - Duty to Report Changes - Proof of Insurance - Fees - Who Must Obtain an Endorsement - Endorsement Examinations - Fireworks Wholesaler Permit Applications - Continuing Education - Duplicate License or Endorsement - Apprenticeship Programs - Application Procedure - Fireworks Wholesale Permits - Renewals, p. 39, 565

24-301-353     Modifications to the International Building Code Applicable to Both the Department's and Local Government Code Enforcement Programs, p. 596, 1216

 

(Board of Personnel Appeals)

24-26-377       Practices, Procedures, and Grievances Before the Board of Personnel Appeals, p. 1105

 

(Board of Architects and Landscape Architects)

24-114-39       Fee Schedule, p. 733

 

(Board of Athletic Trainers)

24-118-6         Definitions - Unprofessional Conduct - Applications - Supervision - Renewals, p. 14, 564

 

(Board of Barbers and Cosmetologists)

24-121-17       Salons - Shops - Mobile Salons or Shops - Schools - Definitions - General Application and License Display Requirements - Variance Requests - General Requirements and Prohibitions - License General Information - Premises, Fixtures, and General Sanitation - Restrooms - Sinks - Sanitizers - Containers - Cabinets - Implements - Instruments - Supplies - Equipment - Sanitizing - Disinfecting - Preparation Storage - Handling - Prohibited Items - Blood Spills - Continuing Education Instructors - Unprofessional Conduct - Inspections - Name Change - Closure - Change of Ownership - Operation Standards - Lighting, p. 826

 

(Board of Chiropractors)

24-126-38       Impairment Evaluator Standards - Participation in Disaster and Emergency Care–Liability of Chiropractor - Applications, p. 736

 

(Board of Dentistry)

24-138-80       Denturist Committee - Fees - Dental Hygienist Functions - License Display - Licensure and Certification of Dentists, Dental Hygienists, and Denturists - Continuing Education Requirements - Dentist and Denturist Unprofessional Conduct - Screening Panel - Dental Hygienist Unprofessional Conduct - Justifiable Criticism and Expert Testimony - Infectious Waste - Public Service and Quality of Care - Patient Selection - Patient Records - Emergency Service - Consultation and Referral - Rebate and Split Fees - Volunteer Licensee Scope - Dental and Dental Hygiene Schools - Dentist Specialist License - Licensure After Denial or Revocation - Grounds for Denial - Severability - Multiple-Specialty Announcements, p. 213, 473

 

(Board of Medical Examiners)

24-156-91       Audit and Continuing Education Reporting Requirements - Continuing Education Audit, p. 456, 1057

 

(Board of Nursing)

24-159-89       Definitions - Fees - Qualifications for Executive Director of the Board - Nurse Licensure Compact Rules - Program Standards - Program Annual Report - Establishment of a New Program - Program Director - Program Faculty - Waiver of Faculty Qualifications - General Requirements for Licensure as Medication Aide I and II - Prohibited Intravenous (IV) Therapies - Temporary Practice Permit - LPN and RN Licensure by Examination for Internationally Educated Applicants - Licensure by Endorsement - Renewals - Application for Prescriptive Authority - Prescribing Practices - APRN Competence Development - Purpose - Criteria for Delegation of Nursing Tasks - General Nursing Functions and Tasks That May Not Be Delegated - Conduct of Nurses - Grounds for Denial of a License, p. 673, 991

 

(Board of Occupational Therapy Practice)

24-165-25       Definitions - Deep Modality Endorsement, p. 593, 1321

 

(Board of Outfitters)

24-171-41       Fees - Outfitter Records - Outfitter's Assistants - Safety and First Aid Provisions - Application for Outfitter License - Outfitter Qualifications - Fishing Outfitter Operations Plan - Insurance for Outfitters - Outfitter Acting as Guide - Operations Plans and Amendments - NCHU Categories, Transfers, and Records - Renewals - Unprofessional Conduct and Misconduct - Web Site Posting of License Discipline, p. 1014

 

(Board of Pharmacy)

24-174-74       Definitions - Collaborative Practice Agreement Requirements - Transfer of Prescriptions - Drug Distribution and Control in an Institutional or Correctional Facility - Use of Drug Kits in Certain Institutional Facilities - Additions, Deletions, and Rescheduling of Dangerous Drugs - Registered Pharmacist Continuing Education–Approved Programs - Use of Contingency Kits in Certain Institutional Facilities, p. 1026

24-174-76       Dispenser Registration for Medical Practitioners, p. 1164

24-174-77       Waiving the Pharmacist to Pharmacy Technician Ratio for Vaccine Activities and COVID-19 Testing - Allowing Any Licensed Health Care Provider Authorized to Administer Vaccines Within Their Scope of Practice to Assist Pharmacists in Administering Vaccines, p. 1211

 

(Board of Physical Therapy Examiners)

24-177-36       Examinations - Unprofessional Conduct, p. 1263

 

(Board of Professional Engineers and Professional Land Surveyors)

24-183-44       Definitions - Teaching of Land Surveying Subjects - Continuing Professional Competency–Continuing Education, p. 401, 1215

 

(Board of Psychologists)

24-189-42       Fee Schedule - Required Supervised Experience - Continuing Education Requirements - Continuing Education Implementation - Representation of Self and Services - Psychologist Application Procedures - Licensure as a Psychologist by Experience (Senior), p. 740, 1058

 

(Board of Public Accountants)

24-201-54       Board Organization - Definitions - Firms–Registration - Nonroutine Applications - Board Meetings - Committees - Cheating - Introduction - Renewals, p. 1170

 

(Board of Real Estate Appraisers)

24-207-45       Incorporation by Reference of the Real Property Appraiser Qualification Criteria, p. 845, 1322

 

(Board of Realty Regulation)

24-210-46       Fee Schedule - Unprofessional Conduct - Citations and Fines - Prelicensing Education–Salespersons and Brokers - Continuing Real Estate Education - Continuing Property Management Education - New Licensee Mandatory Continuing Education–Salespersons, p. 2296, 619

24-210-47       Fee Schedule - Trust Account Requirements - Unprofessional Conduct for Property Management Licensees - Reasonable Supervision - High Level of Supervision, p. 848

 

(Board of Behavioral Health)

24-219-36       License Requirements for Clinical Social Workers (LCSW), Licensed Master's Social Workers (LMSW), Licensed Baccalaureate Social Workers (LBSW), Licensed Clinical Professional Counselors (LCPC), Licensed Marriage and Family Therapists (LMFT), and Licensed Addiction Counselors (LAC) - Examination–LAC - Professional Counselor Licensure Candidate Requirements - Continuing Education Requirements, p. 1176

 

LIVESTOCK, Department of, Title 32

 

32-21-317       Diagnostic Laboratory Fees, p. 599, 925

32-21-318       Brands Enforcement Division Fees - Freeze Branding, p. 1186

32-21-319       Fluid Milk and Grade A Milk Products, p. 1189

32-21-320       Time From Processing That Fluid Milk May Be Sold for Public Consumption, p. 1192

32-21-321       Scope of Rules, p. 1267

32-21-322       Diagnostic Laboratory Fees, p. 1269

 

(Board of Milk Control)

32-21-316       Definitions - Regulation of Unfair Trade Practices - Reports and Records - Payments to Pool Producers and Adjustment of Accounts, p. 539, 763

 

NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

 

36-22-200       Oil and Gas Leases on State Lands, p. 459, 993

36-22-212       Categorical Exclusion of the State Revolving Fund Grant Issuance Under the Montana Environmental Policy Act, p. 889, 1323

 

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

 

37-942             Low Income Weatherization Assistance Program, p. 405, 621

37-943             Hospice Fee Schedule, p. 462, 764

37-944             Updating Medicaid and Non-Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 687, 853, 1324

37-945             Fees for Copies of Birth Certificates - Amendment of Birth Certificate Gender Designations - Issuance of a Replacement Certificate, p. 608, 926

37-946             Youth Care Facility Requirements, p. 700, 1217

37-948             Nursing Facility Reimbursement, p. 711, 1139

37-949             Developmental Disabilities Program Provider Rates Update, p. 748, 1120

37-950             Marijuana Testing Laboratory Licensure, p. 859, 1059

37-951             Low Income Energy Assistance Program (LIEAP), p. 862, 1060

37-952             Licensed Marriage and Family Therapist, p. 981, 1232

37-953             Youth Foster Homes, p. 893, 1233

37-955             Allowing for COVID-19-Related Regulatory Discretion Beyond the Expiration of the Governor-Declared State of Emergency, p. 932

37-956             School Immunization Requirements, p. 984, 1328

37-957             Updating Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 1272

37-958             Severe and Disabling Mental Illness, p. 1124

37-959             Child Care Licensing, p. 1277

37-960             Allowing Students and/or Their Parents or Guardians the Ability to Opt-Out of School Health-Related Mandates for Health, Religious, Moral, or Other Fundamental Rights Reasons, p. 1141

37-961             Public Participation, p. 1290

37-964             Waiver of Swing-Bed Requirements, p. 1330

37-965             Health Emergency Waiver, p. 1294

 

PUBLIC SERVICE REGULATION, Department of, Title 38

 

38-2-247         Investigation and Discovery, p. 2320, 568

38-2-248         Commission Procedural Rules, p. 545, 937

38-2-249         Department's Procedures for Collecting Fees and Other Charges, p. 1194

38-3-249         Montana's Motor Carrier Act, p. 1037

38-5-246         Pipeline Safety, p. 2232, 580

38-5-248         Advanced Metering Opt-Out, p. 111, 896

 

REVENUE, Department of, Title 42

 

42-1030          Montana Medical Marijuana Program, p. 765

42-1031          Montana Medical Marijuana Program (MMP), p. 899, 1147

42-1032          Marijuana Provider Canopy Tier Size Increases - Limitations on Advertising, p. 908, 1127, 1333

42-1034          Production Increments Used in the Calculation of Taxes on Beer, p. 869, 1061

42-1035          Elimination of Competitive Bid Application Processing Fees, p. 915, 1152

42-1036          Property Tax Assistance Program (PTAP) and the Montana Disabled Veteran (MDV) Property Tax Assistance Program, p. 1044

42-1037          Temporary Operating Authority for Alcoholic Beverage License Applicants, p. 1132

42-1038          2022 Personal Property Depreciation Schedules and Trend Tables - Updated Business Equipment Exemption, p. 1301

 

SECRETARY OF STATE, Office of, Title 44

 

44-2-242         Clarification of Business Services Division Filings and Fees, p. 550, 767

44-2-243         Records and Information Management Fees, p. 613, 878

44-2-244         Scheduled Dates for the 2022 Montana Administrative Register, p. 1135

44-2-245         Poll Watchers at Places of Deposit, p. 1198

44-2-246         Testing of Vote Tabulation Machines, p. 1200

44-2-247         Eligibility of Applicants to Be Issued and to Cast a Ballot, p. 1202

44-2-248         Notification Requirements for Emergency Rules Under the Montana Administrative Procedure Act, p. 1204

44-2-249         Legislative Oversight of Administrative Rules, p. 1306

44-2-250         Voter Registration Requirements - Provisional Registration - Late Registration Procedures - Voter Identification - Related Definitions, p. 1309