BEFORE THE BOARD OF REALTY REGULATION

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment of ARM 24.210.825 renewals and the adoption of NEW RULE I military training or experience

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NOTICE OF AMENDMENT AND ADOPTION

TO: All Concerned Persons

 

            1. On April 10, 2014, the Board of Realty Regulation (board) published MAR Notice No. 24-210-40 regarding the public hearing on the proposed amendment and adoption of the above-stated rules, at page 664 of the 2014 Montana Administrative Register, Issue No. 7.

 

            2. On May 1, 2014, a public hearing was held on the proposed amendment and adoption of the above-stated rules in Helena. Several comments were received by the May 9, 2014, deadline.

 

            3. The board has thoroughly considered the comment received. A summary of the comment received and the board's response is as follows:

 

COMMENT 1: One commenter provided information that certain military personnel (reservists and national guardsmen who have never been activated) in fact do not receive a DD 214 form upon their discharge from the military. Because the rule as proposed may be interpreted to absolutely require a DD 214 from all applicants who wish to submit evidence of relevant military training, service, or education as part of the licensure process, the commenter suggested the board amend this new rule to allow consideration of other evidence of military discharge in addition to or in lieu of a DD 214 form.

 

RESPONSE 1:  The board agrees with the commenter's observation and is amending the new rule accordingly.

 

            4. The board has amended ARM 24.210.825 exactly as proposed.

 

            5. The board has adopted NEW RULE I (ARM 24.210.417) with the following changes, stricken matter interlined, new matter underlined:

 

            NEW RULE I MILITARY TRAINING OR EXPERIENCE (1) and (2) remain as proposed.

            (3) An applicant must submit satisfactory evidence of receiving military training, service, or education that is equivalent to relevant licensure requirements as a real estate broker, real estate salesperson, or property manager. At a minimum, satisfactory Satisfactory evidence shall include includes:

            (a) a copy of the applicant's military discharge document (DD 214 or other discharge documentation);

            (b) through (4) remain as proposed.

 

                                                                     BOARD OF REALTY REGULATION

                                                                     C.E. "ABE" ABRAMSON

                                                                     CHAIRPERSON

 

 

/s/ DARCEE L. MOE                                 /s/ PAM BUCY

Darcee L. Moe                                         Pam Bucy, Commissioner

Rule Reviewer                                          DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State September 29, 2014