Administrative Rules of the State of Montana

BEFORE THE ALTERNATIVE HEALTH CARE BOARD, BOARD OF DENTISTRY, BOARD OF FUNERAL SERVICE, BOARD OF HEARING AID DISPENSERS, BOARD OF MASSAGE THERAPY, BOARD OF OCCUPATIONAL THERAPY PRACTICE, BOARD OF OUTFITTERS, BOARD OF PHARMACY, BOARD OF PLUMBERS, BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, BOARD OF PSYCHOLOGISTS, BOARD OF RADIOLOGIC TECHNOLOGISTS, BOARD OF REAL ESTATE APPRAISERS, BOARD OF SANITARIANS, BOARD OF SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS, AND BOARD OF VETERINARY MEDICINE

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

In the matter of the amendment of ARM 24.111.101, 24.111.201, 24.111.202, 24.138.101, 24.138.201, 24.138.202, 24.147.101, 24.147.201, 24.147.202, 24.150.101, 24.150.201, 24.150.202, 24.155.202, 24.155.203, 24.165.101, 24.165.201, 24.165.202, 24.171.101, 24.171.201, 24.171.202, 24.174.101, 24.174.201, 24.174.202, 24.180.101, 24.180.201, 24.180.202, 24.183.101, 24.183.201, 24.183.202, 24.189.101, 24.189.201, 24.189.202, 24.204.101, 24.204.201, 24.204.202, 24.207.101, 24.207.201, 24.207.202, 24.216.101, 24.216.201, 24.216.202, 24.222.101, 24.222.201, 24.222.202, 24.225.101, 24.225.201, and 24.225.202, the transfer and amendment of 24.155.201, and the adoption of NEW RULE I, regarding organizational, procedural, and public participation rules

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT, TRANSFER AND AMENDMENT, AND ADOPTION

TO: All Concerned Persons

1. On January 13, 2023, at 9:00 a.m., the Department of Labor and Industry (department) will hold a public hearing via remote conferencing to consider the proposed amendment, transfer and amendment, and adoption of the above-stated rules. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:

a. Join Zoom Meeting, https://mt-gov.zoom.us/j/83722284237,

Meeting ID: 837 2228 4237, Passcode: 438998; or

b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656,

Meeting ID: 837 2228 4237, Passcode: 438998.

The hearing will begin with a brief introduction by department staff to explain the use of the videoconference and telephonic platform. All participants will be muted except when it is their time to speak.

2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on January 6, 2023, to advise us of the nature of the accommodation that you need. Please contact Brandon Kirchgasler, Department of Labor and Industry, Office of Legal Services, P.O. Box 1728, Helena, Montana 59624-1728; telephone (406) 444-3359, facsimile (406) 444-4140, or Montana Relay Service at 711; or e-mail [email protected].

3. GENERAL STATEMENT OF REASONABLE NECESSITY: In 2001, the Montana Legislature transferred professional and occupational licensing functions from the Department of Commerce (DOC) to the Department of Labor and Industry (department) via Senate Bill 445. With the transfer, the professional and occupational licensing boards and programs became allocated to the department for administrative purposes. Because the department had not previously promulgated public participation rules, and to maintain procedural continuity and afford licensees, license applicants, and the public the right of public participation per 2-3-103, MCA, all references to DOC's citizen participation rules remained in place in the boards' administrative rules. Following the transfer to the department, the professional and occupational licensing boards and programs have continuously operated to permit and encourage the public to participate in agency decisions that are of significant interest to the public.

In MAR Notice No. 24-2-390, the department adopted three new rules regarding public participation to fully comply with the requirements of 2-3-103, MCA, and meet the needs of the department, its customers, and the Montana public. The three rules were adopted exactly as proposed and became effective June 11, 2022.

Once the department's rules were effective, it became necessary to amend the licensing boards' rules to reference and incorporate them. The department determined it is reasonably necessary to combine the boards' related rule amendments into two rulemaking notices for timeliness, efficiency, and cost effectiveness. Implementing the rules simultaneously for as many boards as possible will reduce confusion regarding the rulemaking process and ensure that most boards operate under the same public participation rules at the same time. Twenty of the boards administratively attached to the department amended their rules effective September 23, 2022, to incorporate and align with the department's new public participation rules, in MAR Notice No. 24-101-395.

It is reasonably necessary to now amend the remaining 16 boards' rules that were not included in the first project. Where necessary, authority and implementation citations are amended to accurately reflect all statutes implemented through a rule and provide the complete sources of a board's rulemaking authority. Where additional specific bases for a proposed action exist, the individual board will identify those reasons immediately following that rule.

4. Several boards administratively attached to the department are proposing to adopt and amend specific board rules to align with the department's new public participation rules within this notice and correct references from the Department of Commerce to the Department of Labor and Industry. The proposed amendments, transfer and amendment, and new rule are presented in alphabetical order and grouped according to each board or program for clarity, readability, and ease of reference within this notice. The rules proposed to be amended, transferred and amended, or adopted provide as follows, stricken matter interlined, new matter underlined:

ALTERNATIVE HEALTH CARE BOARD

24.111.101 BOARD ORGANIZATION (1) The ~~Board of~~ Alternative Health Care Board ~~hereby~~ adopts and incorporates ~~by reference~~ the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-26-201, 37-27-105,~~ MCA

IMP: 2-4-201, MCA

24.111.201 PROCEDURAL RULES (1) The ~~Board of~~ Alternative Health Care Board ~~hereby~~ adopts and incorporates ~~by reference~~ the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-26-201, 37-27-105,~~ MCA

IMP: 2-4-201, MCA

24.111.202 PUBLIC PARTICIPATION (1) The ~~Board of~~ Alternative Health Care Board ~~hereby~~ adopts and incorporates ~~by reference~~ the public participation rules of the Department of ~~Commerce~~ Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-3-103, ~~37-26-201, 37-27-105,~~ MCA

IMP: 2-3-103, MCA

ALTERNATIVE HEALTH CARE BOARD

SHEEHAN EDNIE-ROSEN, DEM,

PRESIDING OFFICER

BOARD OF DENTISTRY

24.138.101 BOARD ORGANIZATION (1) The ~~board of dentistry hereby~~ Board of Dentistry adopts and incorporates ~~for the practices of dentistry, dental hygiene and denturitry~~ the organizational rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, MCA

IMP: 2-4-201, ~~37-1-131, 37-4-205, 37-29-201,~~ MCA

24.138.201 PROCEDURAL RULES (1) The ~~board of dentistry hereby~~ Board of Dentistry adopts and incorporates ~~for the practices of dentistry, dental hygiene, and denturitry~~ the procedural rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, MCA

IMP: 2-4-201, ~~37-1-131, 37-4-205, 37-29-201,~~ MCA

24.138.202 PUBLIC PARTICIPATION (1) The ~~board of dentistry hereby~~ Board of Dentistry adopts and incorporates ~~for the practices of dentistry, dental hygiene and denturitry by this reference~~ the public participation rules of the ~~department of commerce~~ Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-3-103, MCA

IMP: 2-3-103, ~~37-1-131, 37-4-205, 37-29-201,~~ MCA

BOARD OF DENTISTRY

DIANE KLEMANN, R.D.H., PRESIDENT

BOARD OF FUNERAL SERVICE

24.147.101 BOARD ORGANIZATION (1) The ~~board of funeral service hereby~~ Board of Funeral Service adopts and incorporates the organizational rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-19-202,~~ MCA

IMP: 2-4-201, MCA

24.147.201 PROCEDURAL RULES (1) The ~~board of funeral service hereby~~ Board of Funeral Service adopts and incorporates the procedural rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-19-202,~~ MCA

IMP: 2-4-201, MCA

24.147.202 ~~CITIZEN~~ PUBLIC PARTICIPATION ~~RULES~~ (1) The ~~board of funeral service hereby~~ Board of Funeral Service adopts and incorporates ~~by this reference~~ the public participation rules of the ~~department of commerce~~ Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-3-103, ~~37-19-202,~~ MCA

IMP: 2-3-103, MCA

BOARD OF FUNERAL SERVICE

JIM AXELSON, PRESIDING OFFICER

BOARD OF HEARING AID DISPENSERS

24.150.101 BOARD ORGANIZATION (1) The Board of Hearing Aid Dispensers ~~hereby~~ adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-16-202,~~ MCA

IMP: 2-4-201, MCA

24.150.201 PROCEDURAL RULES (1) The Board of Hearing Aid Dispensers ~~hereby~~ adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-16-202,~~ MCA

IMP: 2-4-201, MCA

24.150.202 ~~CITIZEN~~ PUBLIC PARTICIPATION ~~RULES~~ (1) The Board of Hearing Aid Dispensers ~~hereby~~ adopts and incorporates ~~by this reference~~ the public participation rules of the Department of ~~Commerce~~ Labor and Industry as listed in chapter 2 of ~~Title 8~~ this title.

AUTH: 2-3-103, ~~37-16-202,~~ MCA

IMP: 2-3-103, MCA

BOARD OF HEARING AID DISPENSERS

MICHAEL SPINTI, PRESIDING OFFICER

BOARD OF MASSAGE THERAPY

24.155.201 (24.155.101) BOARD ORGANIZATION (1) The Board of Massage Therapy ~~hereby~~ adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-33-405,~~ MCA

IMP: 2-4-201, MCA

REASON: This rule is being transferred because it is necessary to renumber the rule for consistency with the numbering of other professional licensing boards' organizational rules.

24.155.202 PROCEDURAL RULES (1) The Board of Massage Therapy ~~hereby~~ adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-33-405,~~ MCA

IMP: 2-4-201, MCA

24.155.203 PUBLIC PARTICIPATION (1) The Board of Massage Therapy ~~hereby~~ adopts and incorporates ~~by this reference~~ the public participation rules of the Department of ~~Commerce~~ Labor and Industry as listed in chapter 2 of this title 8.

AUTH: 2-3-103, ~~37-33-405,~~ MCA

IMP: 2-3-103, MCA

BOARD OF MASSAGE THERAPY

PEG HOLWICK, CHAIR

BOARD OF OCCUPATIONAL THERAPY PRACTICE

24.165.101 ~~ORGANIZATIONAL RULE~~ BOARD ORGANIZATION (1) The Board of Occupational Therapy Practice adopts and incorporates the ~~organization~~ organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-24-201,~~ MCA

IMP: 2-4-201, MCA

24.165.201 PROCEDURAL RULES (1) The Board of Occupational Therapy Practice adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-24-201,~~ MCA

IMP: 2-4-201, MCA

24.165.202 PUBLIC PARTICIPATION (1) The Board of Occupational Therapy Practice adopts and incorporates ~~by this reference~~ the public participation rules of the Department of ~~Commerce~~ Labor and Industry as listed in chapter 2 of ~~Title 8~~ this title.

AUTH: 2-3-103, ~~37-24-201,~~ MCA

IMP: 2-3-103, MCA

BOARD OF OCCUPATIONAL THERAPY

PRACTICE

TWYLLA KIRCHEN, OT, PRESIDING OFFICER

BOARD OF OUTFITTERS

24.171.101 BOARD ORGANIZATION (1) The Board of Outfitters ~~hereby~~ adopts and incorporates the organizational rules of the Department of Labor and Industry listed at chapter 1 of this title ~~of the Administrative Rules of Montana~~.

(2) It is the policy, intent, and purpose of the Board of Outfitters to provide quality regulatory functions and services to the profession it regulates and the public in order to promote, maintain, and preserve an ever-improving high degree of competence in the profession, satisfaction in the public, and an everlasting environment in which the profession operates.

AUTH: 2-4-201, MCA

IMP: 2-4-201, MCA

REASON: The Board of Outfitters is striking (2) and moving the information on board purpose to New Rule I for better organization and clarity.

24.171.201 PROCEDURAL RULES (1) The Board of Outfitters ~~hereby~~ adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title ~~of the Administrative Rules of Montana~~.

AUTH: 2-4-201, ~~37-47-201,~~ MCA

IMP: 2-4-201, ~~37-47-201,~~ MCA

24.171.202 PUBLIC PARTICIPATION ~~RULES~~ (1) The Board of Outfitters ~~hereby~~ adopts and incorporates the ~~citizen~~ public participation rules of the Department of ~~Commerce~~ Labor and Industry as listed in chapter 2 of ~~Title 8~~ this title.

~~(2) Dates, times, and places for meetings and other activities of the Board of Outfitters may be obtained by contacting the board office.~~

~~(3) Communications to the Board of Outfitters may be made to: Board of Outfitters, Department of Labor and Industry, 301 S. Park, P.O. Box 200513, Helena, Montana 59620-0513.~~

(4) In addition to any other means provided by law or rule, a person wanting to receive notice of board activities of significant interest to that person may contact the board office, in writing, and request that his or her name, address, and phone number be placed on the board's "mailing list" and designate those activities of interest. The request shall be effective until January 1 of the following year, at which time it may be renewed by written request annually.

AUTH: 2-3-103, ~~37-47-201,~~ MCA

IMP: 2-3-103, ~~37-47-201,~~ MCA

REASON: The board is striking information that is adequately addressed in standardized procedures and provided on the board's public web site.

NEW RULE I BOARD PURPOSE (1) It is the policy, intent, and purpose of the Board of Outfitters to provide quality regulatory functions and services to the professions it regulates and the public to promote, maintain, and preserve an ever-improving high degree of competence in the professions, satisfaction in the public, and an everlasting environment in which the professions operate.

AUTH: 37-47-201, MCA

IMP: 37-47-201, MCA

REASON: The board is adopting this new rule to set forth provisions on board purpose previously located in ARM 24.171.101.

BOARD OF OUTFITTERS

JOHN WAY, CHAIR

BOARD OF PHARMACY

24.174.101 BOARD ORGANIZATION (1) The ~~board of pharmacy hereby~~ Board of Pharmacy adopts and incorporates the organizational rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-7-201,~~ MCA

IMP: 2-4-201, MCA

24.174.201 PROCEDURAL RULES (1) The ~~board of pharmacy hereby~~ Board of Pharmacy adopts and incorporates the procedural rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-7-201,~~ MCA

IMP: 2-4-201, MCA

24.174.202 PUBLIC PARTICIPATION ~~RULES~~ (1) The ~~board of pharmacy hereby~~ Board of Pharmacy adopts and incorporates ~~by this reference~~ the public participation rules of the ~~department of commerce~~ Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-3-103, ~~37-7-201,~~ MCA

IMP: 2-3-103, MCA

BOARD OF PHARMACY

TONY KING, PHARMACIST, PRESIDENT

BOARD OF PLUMBERS

24.180.101 BOARD ORGANIZATION (1) The Board of Plumbers ~~hereby~~ adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-69-202,~~ MCA

IMP: 2-4-201, MCA

24.180.201 PROCEDURAL RULES (1) The Board of Plumbers ~~hereby~~ adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-69-202,~~ MCA

IMP: 2-4-201, MCA

24.180.202 ~~CITIZEN~~ PUBLIC PARTICIPATION (1) The Board of Plumbers ~~hereby~~ adopts and incorporates ~~by this reference~~ the public participation rules of the Department of ~~Commerce~~ Labor and Industry as listed in chapter 2 of ~~Title 8~~ this title.

AUTH: 2-3-103, ~~37-69-202,~~ MCA

IMP: 2-3-103, MCA

BOARD OF PLUMBERS

JEFF GRUIZENGA, PRESIDING OFFICER

BOARD OF PROFESSIONAL ENGINEERS AND

PROFESSIONAL LAND SURVEYORS

24.183.101 BOARD ORGANIZATION (1) The ~~board of professional engineers and land surveyors hereby~~ Board of Professional Engineers and Professional Land Surveyors adopts and incorporates the organizational rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-67-202,~~ MCA

IMP: 2-4-201, MCA

24.183.201 PROCEDURAL RULES (1) The ~~board of professional engineers and land surveyors hereby~~ Board of Professional Engineers and Professional Land Surveyors adopts and incorporates the procedural rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-67-202,~~ MCA

IMP: 2-4-201, MCA

24.183.202 PUBLIC PARTICIPATION ~~RULES~~ (1) The ~~board of professional engineers and land surveyors hereby~~ Board of Professional Engineers and Professional Land Surveyors adopts and incorporates ~~by this reference~~ the public participation rules of the ~~department of commerce~~ Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-3-103, ~~37-67-202,~~ MCA

IMP: 2-3-103, MCA

BOARD OF PROFESSIONAL ENGINEERS

AND PROFESSIONAL LAND

SURVEYORS

RON DRAKE, PRESIDING OFFICER

BOARD OF PSYCHOLOGISTS

24.189.101 BOARD ORGANIZATION (1) The ~~board of psychologists hereby~~ Board of Psychologists adopts and incorporates the organizational rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-17-202,~~ MCA

IMP: 2-4-201, MCA

24.189.201 PROCEDURAL RULES (1) The ~~board of psychologists hereby~~ Board of Psychologists adopts and incorporates the procedural rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-17-202,~~ MCA

IMP: 2-4-201, MCA

24.189.202 PUBLIC PARTICIPATION ~~RULES~~ (1) The ~~board of psychologists hereby~~ Board of Psychologists adopts and incorporates ~~by this reference~~ the public participation rules of the ~~department of commerce~~ Department of Labor and Industry as listed in chapter 2 of ~~Title 8~~ this title.

AUTH: 2-3-103, MCA

IMP: 2-3-103, MCA

BOARD OF PSYCHOLOGISTS

LORETTA BOLYARD, Ph.D.,

PRESIDING OFFICER

BOARD OF RADIOLOGIC TECHNOLOGISTS

24.204.101 BOARD ORGANIZATION (1) The ~~board of radiologic technologists~~ Board of Radiologic Technologists adopts and incorporates the organizational rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-14-202,~~ MCA

IMP: 2-4-201, MCA

24.204.201 PROCEDURAL RULES (1) The ~~board of radiologic technologists~~ Board of Radiologic Technologists adopts and incorporates the procedural rules of the ~~department of labor and industry~~ Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-14-202,~~ MCA

IMP: 2-4-201, MCA

24.204.202 PUBLIC PARTICIPATION ~~RULES~~ (1) The ~~board of radiologic technologists hereby~~ Board of Radiologic Technologists adopts and incorporates ~~by this reference~~ the public participation rules of the ~~department of commerce~~ Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-3-103, ~~37-14-202,~~ MCA

IMP: 2-3-103, MCA

BOARD OF RADIOLOGIC

TECHNOLOGISTS

MIKE NIELSEN, RPA,

PRESIDING OFFICER

BOARD OF REAL ESTATE APPRAISERS

24.207.101 BOARD ORGANIZATION (1) The Board of Real Estate Appraisers ~~hereby~~ adopts and incorporates ~~by reference~~ the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

(2) The presiding officer shall preside at all meetings and shall perform such duties as the board may direct. At any meeting at which the presiding officer is absent, the vice presiding officer will serve as the presiding officer.

(3) The board shall hold an annual meeting prior to October 31 of each year for purposes of electing officers from among its members, each for a term of one year, or until a successor has been duly elected and qualified.

~~(4) Meetings shall be held, after reasonable notice, at the call of the presiding officer or a majority of the members of the board.~~

AUTH: 2-4-201, ~~37-54-105,~~ MCA

IMP: 2-4-201, MCA

24.207.201 PROCEDURAL RULES (1) The Board of Real Estate Appraisers ~~hereby~~ adopts and incorporates ~~by reference~~ the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-54-105,~~ MCA

IMP: 2-4-201, MCA

24.207.202 PUBLIC PARTICIPATION (1) The Board of Real Estate Appraisers ~~hereby~~ adopts and incorporates ~~by reference~~ the public participation rules of the Department of ~~Commerce~~ Labor and Industry as listed in chapter 2 of ~~Title 8~~ this title.

AUTH: 2-3-103, ~~37-54-105,~~ MCA

IMP: 2-3-103, MCA

BOARD OF REAL ESTATE APPRAISERS

GREGORY THORNQUIST,

PRESIDING OFFICER

BOARD OF SANITARIANS

24.216.101 BOARD ORGANIZATION (1) The Board of Sanitarians ~~hereby~~ adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-40-203,~~ MCA

IMP: 2-4-201, MCA

24.216.201 PROCEDURAL RULES (1) The Board of Sanitarians ~~hereby~~ adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-40-203,~~ MCA

IMP: 2-4-201, MCA

24.216.202 PUBLIC PARTICIPATION ~~RULES~~ (1) The Board of Sanitarians ~~hereby~~ adopts and incorporates ~~by this reference~~ the public participation rules of the Department of ~~Commerce~~ Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-3-103, ~~37-40-203,~~ MCA

IMP: 2-3-103, MCA

BOARD OF SANITARIANS

MEGAN BULLOCK, RS,

PRESIDING OFFICER

BOARD OF SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

24.222.101 BOARD ORGANIZATION (1) The Board of Speech-Language Pathologists and Audiologists ~~hereby~~ adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-15-202,~~ MCA

IMP: 2-4-201, MCA

24.222.201 PROCEDURAL RULES (1) The Board of Speech-Language Pathologists and Audiologists ~~hereby~~ adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-15-202,~~ MCA

IMP: 2-4-201, MCA

24.222.202 PUBLIC PARTICIPATION ~~RULES~~ (1) The Board of Speech-Language Pathologists and Audiologists ~~hereby~~ adopts and incorporates ~~by this reference~~ the public participation rules of the Department of ~~Commerce~~ Labor and Industry as listed in chapter 2 of ~~ARM Title 8~~ this title.

AUTH: 2-3-103, ~~37-15-202,~~ MCA

IMP: 2-3-103, MCA

BOARD OF SPEECH-LANGUAGE

PATHOLOGISTS AND AUDIOLOGISTS

HILLARY CARTER, AuD

PRESIDING OFFICER

BOARD OF VETERINARY MEDICINE

24.225.101 BOARD ORGANIZATION (1) The Board of Veterinary Medicine ~~hereby~~ adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

AUTH: 2-4-201, ~~37-18-202,~~ MCA

IMP: 2-4-201, MCA

24.225.201 PROCEDURAL RULES (1) The Board of Veterinary Medicine ~~hereby~~ adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

AUTH: 2-4-201, ~~37-18-202,~~ MCA

IMP: 2-4-201, MCA

24.225.202 PUBLIC PARTICIPATION ~~RULES~~ (1) The Board of Veterinary Medicine ~~hereby~~ adopts and incorporates ~~by this reference~~ the public participation rules of the Department of ~~Commerce~~ Labor and Industry as listed in chapter 2 of ~~Title 8~~ this title.

AUTH: 2-3-103, ~~37-18-202,~~ MCA

IMP: 2-3-103, MCA

BOARD OF VETERINARY MEDICINE

TIA NELSON, DVM, PRESIDENT

5. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to Brandon Kirchgasler, Department of Labor and Industry, Office of Legal Services, P.O. Box 1728, Helena, Montana 59624-1728; facsimile (406) 444-4140; or e-mail [email protected], and must be received no later than 5:00 p.m., January 20, 2023.

6. The department and boards maintain list of interested persons who wish to receive notices of rulemaking actions proposed by the agency. Persons who wish to have their name added to the list shall make a written request, which includes the name and e-mail or mailing address of the person to receive notices and specifies the subject matter or matters regarding which the person wishes to receive notices. Such written request may be mailed or delivered to the contact person in paragraph 2 above or may be made by completing a request form at any rules hearing held by the agency.

7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

8. Pursuant to 2-4-111, MCA, the boards have determined that the rule changes proposed in this notice will not have a significant and direct impact upon small businesses.

9. Department staff has been designated to preside over and conduct this hearing.

/s/ DARCEE L. MOE /s/ LAURIE ESAU

Darcee L. Moe Laurie Esau, Commissioner

Rule Reviewer DEPARTMENT OF LABOR AND INDUSTRY

Certified to the Secretary of State December 13, 2022.