BEFORE THE DEPARTMENT OF REVENUE

OF THE STATE OF MONTANA

 

In the matter of establishing a negotiated rulemaking committee relating to public health and safety with respect to alcohol consumption at brewery sample rooms

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NOTICE OF NEGOTIATED RULEMAKING

 

TO: All Concerned Persons

 

1. The Department of Revenue intends to establish a negotiated rulemaking committee and develop proposed rules relating to public health and safety with respect to alcohol consumption at brewery sample rooms.

2. The proposed rules must establish specific guidelines to clarify the provisions of 16-3-213, MCA, as it pertains to samples provided with or without charge in a Montana brewery sample room, and to clarify the responsibilities of breweries with respect to consumption on their premises and provide state and local regulatory authorities the ability to apply practical and workable standards with regard to brewery sample rooms.

3.  Interests that are likely to be significantly affected by the proposed rules are: Montana breweries; private citizens; organizations concerned with public health and safety; local law enforcement agencies;local governments; Montana Department of Justice; and health and human services agencies.

4. The individuals proposed to represent the department on the negotiated rulemaking committee are: C.A. Daw, Chief Legal Counsel; Shauna Helfert, Administrator, Liquor Control Division; and Cleo Anderson, Rules and Policy Officer, Legal Services Office.

            5. The department is seeking applications from interested parties to serve on the committee.

6. Any individual or entity interested in applying for or nominating another person for membership on the committee must submit the following information in writing to: Cleo Anderson, Department of Revenue, P.O. Box 7701, Helena, Montana 59604-7701, no later than September 29, 2008:

(a) The person's name or the nominee's name, address, and contact information including telephone or fax number or e-mail address.

(b) A description of the interests the person or nominee represents.

(c) Evidence that the person or nominee is authorized to represent parties related to the interests of the persons proposed to be represented.

(d) The relationship of the person or nominee to universal system benefits programs, and the name of the establishment or trade association.

(e) A commitment that the person or nominee will be able to participate in the negotiated rulemaking process as contemplated in paragraph 10 and will actively participate in good faith in the development of the rules under consideration.

(f) The ability of the person or nominee to cover committee participation costs (such as telephone calls, travel, and per diem expenses).

7. Initially, the department proposes to limit the size of the negotiated rulemaking committee to no more than 15 persons.  However, after receipt of comments and applications, the department may determine that a smaller or larger number is necessary to adequately represent the interests of the persons significantly affected by the proposed rules. 

8. The Director of Revenue, Dan R. Bucks, will select the committee members from the timely submitted applications. The selected committee members will represent all identified segments of the issues surrounding sample rooms as well as state and local official concerns. The selected committee members may represent other parties or agencies that have a significant relationship with the topic of this rulemaking process.

9. Members of the public and other interested parties not selected to serve on the committee are invited to attend the meetings and may consult with committee members regarding issues and make recommendations of information to be considered.

10. The proposed working schedule for the negotiated rulemaking committee is as follows:

(a) On August 28, 2008, this notice will be published in the Montana Administrative Register (MAR), and in the five major newspapers in Montana. Applications for membership on the negotiated rulemaking committee must be received no later than September 29, 2008. The notice will also be mailed to persons known to the department to have an interest in this matter.

(b) After receipt of the applications, the department will establish a negotiated rulemaking committee no later than October 6, 2008. The members selected to serve on the committee must be able to adequately represent the interests of the persons that will be significantly affected by the proposed rules. The committee members will be notified in writing of their selection. Within 10 days from the notification of selection, the committee members will be sent an information packet. 

(c) The negotiated rulemaking committee will convene an organizational meeting on October 30, 2008, to begin negotiating and developing proposed rules. Teleconferencing and e-mail correspondence will be utilized as much as possible but it is anticipated that additional meetings may be necessary. The organizational meeting will convene at 9:00 a.m., the location will be provided when the applicants are selected, Helena, Montana. If possible, the committee will begin drafting the rules at this meeting.

(d) If the negotiated rulemaking committee is successful in achieving a consensus on the proposed rules, the committee will transmit, to the department, a report specifying the areas in which the committee has reached a consensus and the issues that remain unresolved.

(e) Thereafter, and in accordance with Title 2, chapter 4, part 3, MCA (Adoption and Publication of Rules), the department will file with the Secretary of State for publication in the Montana Administrative Register the proposed rules for public health and safety with respect to alcohol consumption.

(f) The department may seek the assistance and advice of the negotiated rulemaking committee with respect to comments received during the formal rulemaking process.

11. Interested parties may submit their views and comments concerning the proposed negotiated rulemaking process to Cleo Anderson, Department of Revenue, P.O. Box 7701, Helena, Montana 59604-7701, no later than September 29, 2008.

12. The department will make reasonable accommodations for persons with disabilities who wish to participate on the committee. If you require an accommodation, please advise the department of the nature of the accommodation you need when applying for membership on the committee.

13. Please note the following concerning the process of negotiated rulemaking:

(a) "Interest" for the purpose of this process means multiple parties that have similar points of view or that are likely to be affected in a similar manner in relationship to matters affected by the rule(s) (2-5-103(5), MCA).

(b) Negotiated rulemaking is not a substitute for the public notification and participation requirements of the Montana Administrative Procedure Act, and a consensus agreement by a negotiated rulemaking committee may be modified by an agency as a result of the subsequent rulemaking process (2-5-102, MCA).

(c) The negotiated rulemaking committee may not continue to function and must be disbanded after the adoption of the final rule(s) (2-5-106(4), MCA).

14. The specific grant of rulemaking authority authorizing the department to adopt the proposed rules is found in 15-1-201, 15-30-305, and 15-32-407, MCA. The proposed rules will implement 16-3-213 and 16-3-214, MCA.

 

/s/ Cleo Anderson                                         /s/ Dan R. Bucks

CLEO ANDERSON                                      DAN R. BUCKS

Rule Reviewer                                               Director of Revenue

 

Certified to Secretary of State August 18, 2008.