BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.23.301, pertaining to fees charged by the department on the volume on all classes of milk

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

            TO:  All Concerned Persons

 

            1.         On January 24, 2009, the Department of Livestock proposes to amend the above-stated rule.

 

            2.         The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice.  If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on January 16, 2009 to advise us of the nature of the accommodation that you need.  Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; phone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-1929; e-mail: [email protected].

 

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

 

            32.23.301  LICENSEE ASSESSMENTS  (1) through (1)(b) remain the same.

            (c)  A fee of $0.03 $0.025 per hundredweight on the total volume of all milk subject to the Milk Control Act sold by a producer.

            (d)  A fee of $0.03 $0.025 per hundredweight on the total volume of milk subject to the Milk Control Act sold by a distributor, excepting that which is sold to another distributor.

            (e)  A fee of $0.15 $0.155 per hundredweight per month, with a minimum of $50.00 per month, whichever is greater, or a maximum of $1,050.00 per month, on the volume of all classes of milk produced and sold by a person licensed by the department, to be used for the administration of the milk inspection and milk diagnostic laboratory functions of the department.

            (i)  remains the same.

 

            AUTH  :           81-23-104, 81-23-202, MCA

            IMP:                81-23-103, 81-23-202, MCA

 

REASON:  The rule is being amended to change fees that are currently charged by the Department of Livestock for administration of milk inspections and the milk diagnostic laboratory and the fee currently charged to fund the Milk Control Bureau.  This fee change will not impact the 80 milk producers involved as it is reducing the assessment on the producers to fund the milk bureau by $0.005 and increasing the assessment on the producers by the same amount, ($0.005) for the diagnostic laboratory and milk inspections.  The department estimates the fee changes will affect approximately 80 persons and will result in no change in annual revenue.

 

            4.         Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT  59620-2001, by faxing to (406) 444-1929, or by e-mailing to [email protected] to be received no later than 5:00 p.m. January 21, 2009.

 

            5.         If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above.  The written request for hearing must be received no later than 5:00 p.m. January 21, 2009.

 

            6.         If the department receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a public hearing will be held at a later date.  Notice of the public hearing will be published in the Montana Administrative Register.  Ten percent of those persons directly affected has been determined to be more than 25, based upon the population of the state.

 

            7.         An electronic copy of this proposal notice is available through the department's site at www.mt.gov/liv.

 

            8.         The Montana Department of Livestock maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by this department.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies the area of interest that the person wishes to receive notices regarding.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; faxed to (406) 444-1929 "attention Christian Mackay"; or e-mailed to [email protected].  Request forms may also be completed at any rules hearing held by the department.

 

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

 

 

 

 

 

DEPARTMENT OF LIVESTOCK

 

BY:      /s/ Christian Mackay                         BY:      /s/ Carol Grell Morris            

            Christian Mackay                                          Carol Grell Morris

            Executive Officer                                           Rule Reviewer

            Board of Livestock

            Department of Livestock

 

            Certified to the Secretary of State December 15, 2008.