� BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

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In the matter of the proposed amendment of ARM 23.16.1827, concerning record keeping requirements

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

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TO: All Concerned Persons

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1. On August 12, 2008, at 9:00 a.m., the Montana Department of Justice will hold a public hearing in the conference room at the Gambling Control Division, 2550 Prospect Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.

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2. The Department of Justice 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 August 8, 2008, to advise us of the nature of the accommodation that you need. Please contact Rick Ask, Gambling Control Division, 2550 Prospect Avenue, P.O. Box 201424, Helena, MT 59620-1424; telephone (406) 444-1971; Fax (406) 444-9157; Montana Relay Service 711; or e-mail [email protected].

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3. The rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined:

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23.16.1827 RECORD KEEPING REQUIREMENTS (1) and (2) remain the same.

(a) a correct lifetime audit ticket as provided for by department rules, which must include progressive accounting data if applicable. For those reporting manually and on a tier II automated accounting and reporting system on a 7-day reporting interval, Tthe lifetime audit ticket must be printed for each machine at least once every seven days. For those reporting on a tier II automated accounting and reporting system on a 14-day reporting interval, the lifetime audit ticket must be printed for each machine at least once every 14 days;

(b) through (6)(b) remain the same.

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AUTH: 23-5-115, 23-5-605, 23-5-621, 23-5-637, MCA

IMP: 23-5-115, 23-5-136, 23-5-605, 23-5-610, 23-5-621, 23-5-628, 23-5-637, MCA

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RATIONALE AND JUSTIFICATION: The proposed amendment is reasonable and necessary to make record keeping requirements consistent with requirements for electronic reporting of video gambling machine (VGM) taxes. Presently, VGM owners are authorized under ARM 23.16.1826 to report quarterly tax information on either a 7-day or 14-day reporting interval. The 14-day reporting interval was allowed because smaller and more rural or isolated gambling establishments often have VGM tax information gathered by route operators who visit the establishments only every two weeks. This rule amendment will allow the route operator to print a VGM audit ticket on the 14-day interval, which will be consistent with the electronic reporting of tax information for those establishments.

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4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to Rick Ask, Gambling Control Division, 2550 Prospect Avenue, P.O. Box 201424, Helena, MT 59620-1424; Fax (406) 444-9157; or e-mail [email protected], and must be received no later than August 14, 2008.

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5. An electronic copy of this Notice of Proposed Amendment is available through the Department of Justice's web site at http://doj.mt.gov/resources/administrativerules.asp. The department strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.� In addition, although the Department of Justice works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

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6. The Department of Justice maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices of rules regarding the Crime Control Division, the Central Services Division, the Forensic Sciences Division, the Gambling Control Division, the Highway Patrol Division, the Law Enforcement Academy, the Division of Criminal Investigation, the Legal Services Division, the Consumer Protection Division, the Motor Vehicle Division, the Justice Information Systems Division, or any combination thereof. Such written request may be mailed or delivered to Rick Ask, 2550 Prospect Avenue, P.O. Box 201424, Helena, MT 59620-1424; Fax (406) 444-9157; or e-mail [email protected], or may be made by completing a request form at any rules hearing held by the Department of Justice.

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7. Cregg Coughlin, Assistant Attorney General, Gambling Control Division, has been designated to preside over and conduct the hearing.

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8. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.

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By: /s/ Mike McGrath���������� ������������������������������� � �� /s/ J. Stuart Segrest

����� MIKE McGRATH����������������������������������������������� J. STUART SEGREST

����� Attorney General, Department of Justice������� Rule Reviewer

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Certified to the Secretary of State July 7, 2008.