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| Montana Administrative Register Notice 8-99-132 | No. 9 05/14/2015 | |
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BEFORE THE DEPARTMENT OF COMMERCE OF THE STATE OF MONTANA
1. On June 13, 2015, the Department of Commerce proposes to repeal the above-stated rules.
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 June 1, 2015, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Paralegal, Director's Office, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; TDD (406) 841-2702; or e-mail [email protected].
3. The department proposes to repeal the following rules:
8.99.1001 PERFORMANCE AND OUTPUT STANDARDS
AUTH: 20-9-537, MCA IMP: 20-9-537, MCA
8.99.1002 DISTRIBUTION OF $2 MILLION IN MONTANA INDIAN LANGUAGE PRESERVATION PILOT PROGRAM GRANT FUNDS FOR THE 2014-2015 BIENNIUM
AUTH: 20-9-537, MCA IMP: 20-9-537, MCA
8.99.1003 ACCOUNTING OF FUNDS IN THE MONTANA INDIAN LANGUAGE PRESERVATION PILOT PROGRAM
AUTH: 20-9-537, MCA IMP: 20-9-537, MCA
8.99.1004 USE OF FUNDS IN THE MONTANA INDIAN LANGUAGE PRESERVATION PILOT PROGRAM
AUTH: 20-9-537, MCA IMP: 20-9-537, MCA
REASON: In order to more efficaciously administer the Montana Indian Language Preservation Program, each of the four administrative rules attached to 20-9-537, MCA, need to be repealed. These rules are obsolete in that they include old dates and do not reflect the key takeaways from the initial pilot program. House Bill 559 has language that amends 20-9-537, MCA, to include new dates, modified program activities, various partners, and a new appropriation amount. This will allow the department to establish modified program guidelines to generate an accurate and updated contractual agreement with each of the tribal communities that aligns with House Bill 559.
4. Concerned persons may submit their data, views, or arguments in written form or a request for opportunity to submit data, views, or arguments in oral form to: Casey Lozar, Department of Commerce, 301 South Park Avenue, P.O. Box 200505, Helena, Montana, 59620-0505; telephone (406) 841-2821; TDD (406) 841-2731; facsimile (406) 841-2731; or e-mail to [email protected], and must be received no later than 5:00 p.m., June 11, 2015.
5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Bonnie Martello at the above address no later than 5:00 p.m., June 11, 2015.
6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Ten percent of those directly affected has been determined to be one, based on an estimated 8 eligible applicants (each of the 8 tribal nations of Montana) for Montana Indian Language Preservation Program. Notice of the hearing will be published in the Montana Administrative Register.
7. 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 contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.
8. 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 this 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.
9. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor, Senator Jonathan Windy Boy, was contacted on May 4, 2015 by e-mail at [email protected].
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the repeal of the above-referenced rules will not significantly and directly impact small businesses.
/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 May 4, 2015.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
