BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 8.94.3725 pertaining to the administration of the 2009-2010 Federal Community Development Block Grant (CDBG) Program

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On October 15, 2009, at 1:30 p.m., the Department of Commerce will hold a public hearing in Room 504A of the Park Avenue Building, at Helena, Montana, to consider the proposed amendment of the above-stated rule.

 

2.  The Department of Commerce will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact Department of Commerce no later than 5:00 p.m. on October 9, 2009, to advise us of the nature of the accommodation that you need.  Please contact Audrey Blomquist, Community Development Division, Department of Commerce, 301 South Park Avenue, P.O. Box 200549, Helena, Montana, 59620-0549; telephone (406) 841-2596; fax (406) 841-2878; TDD (406) 841-2702; or e-mail [email protected].

 

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

 

            ARM 8.94.3725  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE 2009-2010 CDBG PROGRAM  (1)  The Department of Commerce adopts and incorporates by reference the Montana Community Development Block Grant Program Federal Fiscal Year (FFY) 2010 Application Guidelines for Housing and Neighborhood Renewal Projects; the Montana Community Development Block Grant Program FFY 2010 Application Guidelines for Public Facilities Projects; the Montana Community Development Block Grant Program FFY 2009 Application Guidelines for Housing and Public Facilities Planning Grants; the FFY 2009 Application Guidelines for the Community Development Block Grant Economic Development Program; the Montana Community Development Block Grant Economic Development Program FFY 2009 Application Guidelines for Planning Projects; the Montana Community Development Block Grant Program FFY 2008 Application Guidelines for the Neighborhood Stabilization Program; and the Montana Community Development Block Grant/Neighborhood Stabilization Program FFY 2010 Grant Administration Manual published by it as rules for the administration of the CDBG and NSP programs.

(2) and (3) remain the same.

 

AUTH:  90-1-103, MCA

IMP:  90-1-103, MCA

 

REASON:  It is reasonably necessary to amend this rule because the federal regulations governing the state's administration of the FFY 2008, 2009, and 2010 CDBG and NSP programs and 90-1-103, MCA, require the department to adopt rules to implement the program.  By this amendment, the FFY 2010 CDBG Grant Administration Manual, primarily a restatement and explanation of existing federal and state statutory and regulatory requirements and additional departmental requirements with which local CDBG and NSP recipients must comply in administering their CDBG and NSP projects, the CDBG Grant Administration Manual is being adopted, with revisions, as the manual for the administration of both CDBG and NSP Grants.  The manual includes sample forms and letters, checklists, and explanatory text to help local government officials comply with the variety of requirements that apply to economic development, planning, housing and neighborhood renewal, public facility, and neighborhood stabilization projects.

 

            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:  Audrey Blomquist, Community Development Division, Department of Commerce, 301 South Park Avenue, P.O. Box 200549, Helena, Montana, 59620-0549; telephone (406) 841-2596; fax (406) 841-2878; or e-mail [email protected], and must be received no later than 5:00 p.m., October 23, 2009.

 

5.  Jennifer Olson, Department of Commerce, has been designated to preside over and conduct this hearing.

 

6.  The department 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 that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  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 the Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501, by fax to (406) 841-2701, by e-mail to [email protected], or may be made by completing a request form at any rules hearing held by the department.

 

7.  An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State 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 Secretary of State 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.

 

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

 

 

 

/s/  KELLY A. CASILLAS                             /s/  ANTHONY J. PREITE    

KELLY A. CASILLAS                                   ANTHONY J. PREITE

Rule Reviewer                                               Director

                                                                        Department of Commerce

           

Certified to the Secretary of State September 14, 2009.