BEFORE THE Department of agriculture

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.12.3402 pertaining to raising the seed laboratory analysis fees

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NOTICE OF DECISION ON PROPOSED RULE ACTION

 

TO:  All Concerned Persons

 

1.  On August 13, 2009 the Montana Department of Agriculture published MAR Notice No. 4-14-185 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 1319 of the 2009 Montana Administrative Register, Issue Number 15. 

 

2.  A public hearing on the notice of proposed amendment of the above-stated rule was held on September 3, 2009.

 

3.  After considering all factors, the department believes that proceeding with the rule amendment at this time would not solve the financial problems at the seed lab.  The seed laboratory needs more than just a fee increase to comply with its statutory duties and the needs of Montana Agriculture.  A fee increase at this time would at best slow down the decline of revenue at the lab, but could also decrease revenue as additional clients seek different service providers.  A long term solution that addresses causes of the decreased revenues, lack of efficiency, and loss of clients needs to be proposed before a fee increase is implemented.  If the department decides to go forward with the rule amendment at a later date, it will start the rules process over.

 

 

/s/ Cort Jensen                                              /s/ Ron de Yong                                            

Cort Jensen                                                   Ron de Yong

Rule Reviewer                                               Director

                                                                        Montana Department of Agriculture

 

Certified to the Secretary of State October 5, 2009.