BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 8.112.101, 8.112.102, 8.112.105, 8.112.106, 8.112.109, 8.112.110, 8.112.201, 8.112.202, 8.112.205, 8.112.206, and 8.112.209 pertaining to the Montana Heritage Preservation and Development Commission

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

            1. On June 12, 2014, the Department of Commerce published MAR Notice No. 8-112-125 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1147 of the 2014 Montana Administrative Register, Issue Number 11.

 

2. The department has amended the above-stated rules as proposed.

 

3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses follow:

 

COMMENT #1: The Baldwin Engine No. 12 and Bovey assets should not be sold.

 

RESPONSE #1: The proposed rule amendments do not encompass the sale of the No. 12 steam engine or Bovey assets. The proposed rule amendments address the requisite procedure for selling personal property. Those procedures require the commission to consider the historical value of personal property prior to its sale and provide public notice of the sale.

 

COMMENT #2: There needs to be public notice prior to the sale of property.

 

RESPONSE #2: The proposed rule amendments do not eliminate public notice. In regards to real property, ARM 8.112.205 requires the establishment of a date, time, and location for public hearing. The public hearing will be held in the geographic region of the proposed sale and the hearing will provide the public with an opportunity to comment on the proposed sale.

 

In regards to personal property, ARM 8.112.210 requires the commission to provide public notice of the sale of personal property.  

 

COMMENT #3: "Bovey assets" should not be defined as the inventory prepared at the time of purchase generally known as the Gordon inventory.

 

RESPONSE #3: The Gordon inventory is the only known document that itemized the property for sale by the Bovey estate.

 

COMMENT #4: The commission has too much discretion.

 

RESPONSE #4: The authority of the commission is outlined in 22-3-1003, MCA. The proposed rule amendments do not alter the commission's statutory authority.

 

 

/s/ G. Martin Tuttle                                        /s/ Douglas Mitchell                        

G. MARTIN TUTTLE                                     DOUGLAS MITCHELL

Rule Reviewer                                               Deputy Director

                                                                    Department of Commerce

 

Certified to the Secretary of State July 28, 2014.