Administrative Rules of the State of Montana

ACCUMULATIVE TABLE

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 September 30, 2008. This table includes those rules adopted during the period September 1, 2008, through December 31, 2008, and any proposed rule action that was pending during the past six-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 September 30, 2008, this table, and the table of contents of this issue of the MAR.

This table indicates the department name, title number, rule numbers in ascending order, catchphrase or the subject matter of the rule, and the page number at which the action is published in the 2008 Montana Administrative Register.

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

GENERAL PROVISIONS, Title 1

1.2.419 Scheduled Dates for the 2009 Montana Administrative Register, p. 2162, 2503

1.3.101 and other rules - Secretary of State's Model Rules, p. 1003, 1593

1.3.201 and other rule - Definitions - MAPA, p. 2418, 7

1.3.211 and other rules - Attorney General's Model Rules, p. 988, 1700

ADMINISTRATION, Department of, Title 2

I Waiver of In-State Office Requirement, p. 2320, 2621

I-IV Mortgage Lender Surety Bond - Branch Office Licensing - Supervision of Branch Offices and Loan Officers - Responsibility for Acts of Agents, p. 862, 1579

2.5.502 and other rule - Contract Security, p. 2310, 2616

2.59.401 Credit Union Supervisory and Examination Fees, p. 2323, 2620

2.59.1401 and other rules - Regulation of Title Lenders - Title Loan Designation - Notification to the Department - Rescinded Loans - Failure to Correct Deficiencies - Department's Cost of Administrative Action - Examination Fees - Required Record Keeping - Sale of Repossessed Property - Unfair Practice, p. 846, 1571

2.59.1701 and other rules - Licensing and Regulation of Mortgage Brokers and Loan Originators - Continuing Education - Prelicensing Examination - Designated Managers - Examinations - Failure to Correct Deficiencies - Grounds for the Denial of an Application - Costs in Bringing the Administrative Action - Scheme to Defraud or Mislead, p. 666, 2034

(Public Employees' Retirement Board)

2.43.203 and other rules - Operation of the Retirement Systems and Plans Administered by the Montana Public Employees' Retirement Board, p. 1852, 2467, 78

2.43.427 Reinstatement Credit for Lost Time, p. 1946, 2474

2.43.1001 Adoption by Reference of the State of Montana Public Employee Defined Contribution Plan Document, January 1, 2008, Edition, p. 2396, 82

2.43.1801 Adoption by Reference of the State of Montana Public Employee Deferred Compensation Plan Document, January 1, 2008, Edition, p. 2393, 81

(Teachers' Retirement Board)

2.44.301A and other rules - Administration of the Teachers' Retirement System of the State of Montana, p. 2313, 2619, 3

(State Compensation Insurance Fund)

2.55.320 and other rule - Classifications of Employments - Construction Industry Premium Credit Program, p. 2399, 140

AGRICULTURE, Department of, Title 4

4.6.302 Cherry Assessment, p. 1074, 1582

4.9.401 Raising the Wheat and Barley Assessment, p. 2574

4.10.401 Farm Applicator Licensing Schedule, p. 2198, 2557

4.10.1806 Waste Pesticide Disposal and Recyclable Plastic Container Fees, p. 1364, 1800

4.12.1320 and other rules - Quarantines - Pest Management Standards, p. 118

4.14.303 and other rules - Montana Agricultural Loan Authority, p. 1950, 2265

4.17.102 Organic Program, p. 1518, 2045

STATE AUDITOR, Title 6

6.2.124 and other rules - Judicial Review - Securities Regulation - Senior Specific Certifications and Designations - Filing Requirements for Transactional Exemptions, p. 1635, 2046

6.6.2101 and other rules - Discrimination, p. 2403, 83

6.6.3504 and other rules - Annual Audited Reports - Establishing Accounting Practices and Procedures to be Used in Annual Statements - Actuarial Opinion - Annual Audit - Required Opinions - Statement of Actuarial Opinion Not Including an Asset Adequacy Analysis - Additional Considerations for Analysis, p. 2201, 2622

6.6.4201 Continuing Education Program for Insurance Producers, Adjusters, and Consultants, p. 868, 1455

6.6.8301 (Classification Review Committee) Updating References to the NCCI Basic Manual for New Classifications for Various Industries, p. 1173

6.6.8301 Updating References to the NCCI Basic Manual for New Classifications for Various Industries, p. 513, 1135

6.10.126 and other rule - Unethical Practices by Broker-Dealers and Salesmen Defined - Filing Requirements for Transactional Exemption, p. 1367, 1583

COMMERCE, Department of, Title 8

I Administration of the 2009-2010 Federal Community Development Block Grant (CDBG) Program, p. 2408

I Administration of Treasure State Endowment (TSEP) Grants Awarded by the 2007 Legislature, p. 872, 1308

8.2.101 Incorporation of Model Rules by Reference, p. 1652, 2266

8.99.901 and other rules - Award of Grants and Loans Under the Big Sky Economic Development Program, p. 2411, 141

(Montana Coal Board)

8.101.201 and other rules - Policies of the Montana Coal Board - Applications for Montana Coal Board Grant Assistance, p. 2220

(Hard-Rock Mining Impact Board)

8.104.101 and other rules - Organizational and Procedural Rules of the Hard-Rock Mining Impact Board, p. 81, 945, 1309

(Board of Housing)

8.111.305 and other rule - Homeownership Program, p. 267, 1137

EDUCATION, Department of, Title 10

(Superintendent of Public Instruction)

10.7.101 and other rules - School Finance, p. 1176, 1692

(Board of Public Education)

10.54.6510 and other rules - Information Literacy/Library Media Content Standards and Performance Descriptors, p. 1223, 1693

10.54.7510 and other rules - Technology Content Standards and Performance Descriptors, p. 1198, 1696

10.55.907 Distance Learning, p. 1525, 2048

10.57.102 and other rules - Educator Licensure, p. 30

10.57.102 and other rules - Class 8 Licensure, p. 1521, 2050

FISH, WILDLIFE AND PARKS, Department of, Title 12

(Department and Fish Wildlife and Parks Commission)

12.2.501 and other rules - Gray Wolf Management in Montana, p. 1252, 2165

(Fish, Wildlife and Parks Commission)

I Notice of Adoption of a Temporary Emergency Rule - Closing the Canyon Ferry Reservoir, Broadwater County, From the Silos to the Southern Shore, p. 1801, 1977

I Notice of Adoption of a Temporary Emergency Rule - Closing the Big Hole River, Silver Bow County, From Silver Bridge to Divide Bridge, p. 1698, 1976

I Notice of Adoption of a Temporary Emergency Rule - Closing the Yellowstone River From Carters Bridge to Highway 89 North Bridge, p. 1456, 1584, 1975

I-III Delegating Commission Authority to the Department to Close Public Waters in the Event of a Fire Emergency, p. 520, 1317

I-VI Angling Restrictions and Fishing Closures, p. 516, 1310

12.6.2208 and other rules - Exotic Species, p. 1527, 2179

12.11.2204 No Wake Zone on Echo Lake, p. 53

ENVIRONMENTAL QUALITY, Department of, Title 17

17.56.101 and other rule - Underground Storage Tanks - Leak Detection of Underground Storage Tanks, p. 2088, 2475

17.56.502 Underground Storage Tanks - Reporting of Suspected Releases, p. 2232, 2416, 4

(Board of Environmental Review)

17.4.101 and the Department - Model Rules, p. 129

17.8.102 Air Quality - Incorporation by Reference, p. 1

17.8.102 and other rules - Air Quality - Incorporation by Reference of Current Federal Regulations and Other Materials Into Air Quality Rules, p. 1371, 1743, 2267

17.8.308 and other rules - Air Quality - Particulate Matter - Permit Application Fees - General Exclusions for Air Quality Permits - Requirements for Timely and Complete Air Quality Operating Permit Applications, p. 2224, 142

17.8.505 and other rule - Air Quality - Air Quality Operation Fees and Open Burning Fees, p. 1378, 1745, 2270

17.30.617 and other rule - Water Quality - Outstanding Resource Water Designation for the Gallatin River, p. 2294, 328, 1398, 438, 1953

17.38.101 and other rules - Public Water Supply - Incorporation by Reference of Current Federal Regulations and Other Materials in the Public Water Supply Rules - Consecutive System Coverage, p. 1731, 2625

17.40.318 and other rule - and the Department - Water Treatment Systems and Operators - Public Water and Sewage System Requirements - State Revolving Fund and Public Water and Sewer Projects Eligible for Categorical Exclusion From MEPA Review, p. 55

TRANSPORTATION, Department of, Title 18

18.6.202 and other rules - Transportation Commission - Outdoor Advertising Control, p. 1747, 2476

18.6.202 and other rule - Transportation Commission - Electronic Billboards, p. 523, 1458

CORRECTIONS, Department of, Title 20

I-V Notice of Public Hearing on Proposed Adoption - Confidentiality of Youth Records, p. 1382, 2053

20.7.801 Eastmont Chemical Dependency Treatment Program, p. 605, 1142

20.7.1101 and other rule - Conditions on Probation or Parole, p. 1984, 273, 1145

JUSTICE, Department of, Title 23

1.3.201 and other rule - Definitions - MAPA, p. 2418, 7

1.3.211 and other rules - Model Rules, p. 988, 1700

23.6.106 Tow Truck Complaint Resolution, p. 1531, 2054

23.7.101A and other rules - Transfer of Title 23, chapter 7 - Fire Prevention and Investigation, p. 1467

23.10.101 and other rules - Transfer of Title 23, chapter 10 - Controlled Substances and the Regulation of Ephedrine and Pseudoephedrine, p. 1468

23.12.102 and other rules - Transfer of ARM 23.12.102 Through 23.12.204 - Criminal History and Criminal Justice Information, p. 1469, 1803

23.15.102 Definitions, p. 1092, 1589

23.17.101 and other rules - Transfer of ARM 23.17.101 Through 23.17.316 - Law Enforcement Academy Bureau, p. 1470

(Public Safety Officer Standards and Training Council)

I-XXV Establishment of Peace Officers Standards and Training (POST) Council, p. 1076, 1587

(Board of Crime Control)

23.14.401 and other rules - Transfer of POST Duties to a New Division - Decision-making Authority - Payments of Claims - Establishing Appeal Procedures From POST Decisions - Changes in Statute, p. 748, 1588

(Gambling Control Division)

23.16.1802 and other rules - Audit Data Storage Devices - Definitions - Record Keeping Requirements, p. 2540, 84, 143

23.16.1805 Refund of Permit Fee, p. 762, 1150

23.16.1827 Record Keeping Requirements, p. 1386, 1804

LABOR AND INDUSTRY, Department of, Title 24

Boards under the Business Standards Division are listed in alphabetical order following the department rules.

I Licensee Lookup Database, p. 61

24.17.127 Prevailing Wage Rates for Public Works Projects Using Building Construction Services, Heavy Construction Services, and Highway Construction Services, p. 765, 1471

24.29.1402 and other rules - Workers' Compensation Medical Fee Schedule for Facilities, p. 1779, 2490

24.29.1533 and other rule - Workers' Compensation Medical Fee Schedule for Nonfacilities, p. 2326, 8

24.30.102 Occupational Safety Matters in Public Sector Employment, p. 1388, 1805

(Human Rights Commission)

24.8.101 and other rules - Allegations of Unlawful Discrimination, p. 2091, 2636

(Alternative Health Care Board)

24.111.2102 and other rule - Continuing Education, p. 2577

(Board of Architects and Landscape Architects)

24.114.101 and other rules - Board Organization - Procedural Rules - Definitions - Fees - Architect Seal - Architect Business Entity Practice - Emergency Use - Licensure By Examination - Unprofessional Conduct - Screening Panel - Architect Partnerships - Landscape Architect Licensure, p. 2545

24.114.401 and other rule - Fee Schedule - Examination, p. 11, 1481

(Board of Athletic Trainers)

24.101.413 and other rule - Renewal Dates and Requirements - Fees, p. 1094, 1705

(Board of Chiropractors)

24.126.406 and other rules - Record of Minutes and Hearings - Applications - Exam Requirements - Temporary Permit - Endorsement - Inactive Status and Conversion to Active Status - Interns and Preceptors - Impairment Evaluators - Renewals and Continuing Education - Unprofessional Conduct - Continuing Education, p. 1097, 1978

(Board of Clinical Laboratory Science Practitioners)

24.129.401 and other rules - Fees - Supervision - Standards for Licensure - Unprofessional Conduct - Inspections - Notification, p. 1584, 629, 1482

(Board of Dentistry)

24.138.502 and other rules - Licensure, p. 527, 1483

(State Electrical Board)

24.141.301 and other rules - Definitions - Fees - Applications - Temporary Practice Permits - Examinations - Continuing Education - Master Electrician Qualifications, p. 64

(Board of Medical Examiners)

I Medical Direction, p. 2238

24.156.2719 Expired License, p. 2235

(Board of Nursing)

24.159.301 and other rules - Definitions - Foreign Educated Applicants for RN Licensure Requirements - APRNs, p. 875, 2346, 2641

24.159.301 and other rules - Definitions - Standards Related to the Practical Nurse - Prohibited IV Therapies, p. 279, 532, 1709, 2180

(Board of Occupational Therapy Practice)

24.165.404 and other rule - Licensure - Approved Instruction, p. 997, 1716

(Board of Optometry)

24.168.401 and other rules - Fees - Licensure - General Practice Requirements - Unprofessional Conduct, p. 1111, 2181

(Board of Outfitters)

24.171.401 and other rules - Fees - Emergency Guide License - Unprofessional Conduct, p. 1116, 2055

(Board of Pharmacy)

24.174.301 and other rules - Definitions - Fee Schedule - Ambulatory Surgical Facilities - Continuing Education, p. 447, 1151

(Board of Plumbers)

24.180.301 and other rules - Definitions - Fees - Applications - Examinations - Journeyman Qualifications - Master Qualifications - Reciprocity - Temporary Practice Permits - Medical Gas Piping Endorsement - Reissuance of Retirement Status License, p. 1391, 2271

(Board of Professional Engineers and Professional Land Surveyors)

I-VI Activities That Are, and Those Activities That Are Not, Included in the Practice of Land Surveying, p. 2421

(Board of Public Accountants)

24.201.301 and other rules - Accounting, p. 1654, 9

(Board of Radiologic Technologists)

24.204.501 and other rules - Limited Permit - Practice Limitations - Course Requirements - Permit Exams - Continuing Education, p. 2241

(Board of Real Estate Appraisers)

24.207.401 and other rules - Fees - Adoption of USPAP - Regulatory Reviews - Examination - Application Requirements - Education Requirements - Experience - Scope of Practice - Trainee Requirements - Mentor Requirements - Renewals - Continuing Education, p. 1402, 2272

(Board of Realty Regulation)

24.210.301 and other rules - Definitions - Licensure - Unprofessional Conduct - Supervising Broker Endorsement - Citations and Fines, p. 1679, 2558

24.210.641 Unprofessional Conduct, p. 2580

(Board of Sanitarians)

24.216.402 and other rule - Fees - Sanitarian in Training, p. 75

(Board of Social Work Examiners and Professional Counselors)

24.219.301 and other rules - Definitions - Fees - Application - Licensure - Status Conversion - Application - Continuing Education - Unprofessional Conduct - Social Work Examiners and Professional Counselors, p. 2583

LIVESTOCK, Department of, Title 32

32.6.712 Food Safety and Inspection Service (Meat, Poultry), p. 1120, 1590

32.23.301 Fees Charged by the Department on the Volume on All Classes of Milk, p. 2596, 144

(Board of Horse Racing)

I-XIII Parimutuel Wagering on Fantasy Sports Leagues, p. 1261, 1806

32.28.1402 Horse Racing, p. 1123, 1591

NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

36.10.129 and other rules - Wildland-Urban Interface - Guidelines for Development Within the Wildland-Urban Interface, p. 1794

36.10.132 and other rules - Firewarden Qualifications, Duties, and Legal Representation for State Firefighters, p. 2246, 2559

36.12.102 and other rules - Forms - Form and Special Fees - Water Use Standards - Public Notice Costs, p. 1413, 1820

36.12.1704 and other rule - Permit Application - Existing Legal Demands - Permit Application Criteria - Adverse Effect, p. 1278, 1534, 1979

(Board of Land Commissioners)

I-XVIII (Board and Department) Selection, Implementation, and Reporting of Real Estate Projects on State Trust Lands, p. 1955, 2645

36.25.301 and other rules - Coal Leasing Rules, p. 900, 1319, 1484

36.25.801 and other rules - Land Banking Program, p. 289, 1153

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

I-VI Medical Marijuana Program, p. 2027

I-IX Mental Health Center Services for Youth With Serious Emotional Disturbance (SED), p. 2603

I-X 72-Hour Presumptive Eligibility for Adult Crisis Stabilization Services, p. 307, 641, 1489

37.5.117 and other rules - Establishing Hearings for Disputes Related to the Medicaid Drug Rebate Program, p. 2338, 2669

37.8.1801 and other rules - Montana Central Tumor Registry, p. 2428, 87

37.10.101 and other rules - Living Wills, p. 1686, 2356, 86

37.12.401 Laboratory Testing Fees, p. 1000, 1486

37.40.302 and other rules - Medicaid Nursing Facility Reimbursement, p. 783, 1320

37.52.210 Adjustment of Subsidy Payment, p. 132

37.71.401 and other rule - Low Income Weatherization Assistance Program (LIWAP), p. 1125, 1592

37.75.101 and other rules - Child and Adult Care Food Program (CACFP), p. 2446, 88

37.78.102 and other rules - Temporary Assistance for Needy Families (TANF), p. 1970, 2501

37.78.102 and other rules - Temporary Assistance for Needy Families (TANF), p. 534, 1154

37.81.304 Pharmacy Access Prescription Drug Benefit Program (Big Sky Rx), p. 2330, 2670

37.82.101 and other rules - Medicaid Eligibility, p. 915, 1325, 1487

37.85.212 Resource Based Relative Value Scale (RBRVS), p. 607, 1155

37.85.903 and other rule - General Medicaid Services - Physician-Administered Drugs, p. 2129, 2671

37.86.610 and other rules - Medicaid Acute Services Reimbursement, p. 1420, 1980

37.86.805 and other rules - Hearing Aid Services - Dental - Home Infusion Therapy - Durable Medical Equipment - Ambulance Services, p. 797, 1156

37.86.1101 and other rules - Medicaid Requirements and Reimbursement for Outpatient Drugs, p. 792, 1157

37.86.1801 and other rules - Durable Medical Equipment (DME), p. 2334, 2672

37.86.2207 and other rules - Medicaid School-Based Health Services, p. 2251, 2673

37.86.2207 and other rules - Medicaid and MHSP Reimbursement for Youth Mental Health Services, p. 1536, 2360, 2674

37.86.2207 Medicaid Reimbursement for the Therapeutic Portion of Therapeutic Youth Group Home Treatment Services, p. 31, 634, 1488

37.86.2402 Preferred Hospital Transportation Reimbursement, p. 1417, 1685, 1982, 2182

37.86.2405 and other rules - Medicaid Transportation Reimbursement for Mileage, p. 2599, 145

37.86.2801 and other rules - Medicaid Inpatient Hospital Reimbursement, p. 1281, 1983

37.88.101 and other rules - Targeted Case Management for Youth With Serious Emotional Disturbance, p. 2434

37.88.206 and other rules - Mental Health Services Plan, p. 1424, 1988

37.88.1111 Direct Care Wage Add-on for Certain Mental Health Care Providers, p. 612, 1160

37.106.1946 and other rules - Crisis Stabilization Facilities, p. 905, 1993

37.106.2301 and other rule - Hospice Facilities, p. 2255

PUBLIC SERVICE REGULATION, Department of, Title 38

38.5.2102 and other rules - Electric Utility Voltage - Pipeline Safety, p. 2453, 90

REVENUE, Department of, Title 42

I Temporary Emergency Lodging Credit, p. 2262, 12

I & II Property Tax for Privately Owned Landfills, p. 2460

I-XII Local Government Tax Increment Financing Districts (TIFD), p. 548, 1490

42.4.201 and other rules - Individual Energy Conservation Installation Credit, p. 2456

42.4.2501 Biodiesel and Biolubricant Tax Credit, p. 135

42.13.107 and other rules - Liquor Licensing Rules, p. 1450, 1821, 2183

42.13.601 Small Brewery Closing Time Restrictions, p. 2613

42.15.215 Senior Interest Income Exclusions, p. 137

42.18.110 and other rules - Montana's Property Appraisal Plan, p. 1555, 2006

42.20.620 and other rules - Real Property and Agricultural Land, p. 1301, 1822

42.21.113 and other rules - Personal, Industrial, and Centrally Assessed Property Taxes, p. 2134, 2502, 2561

SECRETARY OF STATE, Office of, Title 44

1.2.419 Scheduled Dates for the 2009 Montana Administrative Register, p. 2162, 2503

1.3.101 and other rules - Model Rules, p. 1003, 1593

44.3.102 and other rules - Elections, p. 930, 1329

44.5.111 and other rules - Business Entity and Uniform Commercial Code (UCC) Filings, p. 1562, 2056

(Commissioner of Political Practices)

44.10.335 and other rules - Constituent Services Accounts, p. 474, 1130, 2009

44.12.204 Payment Threshold--Inflation Adjustment for Lobbyists, p. 2465