BEFORE THE DEPARTMENT OF COMMERCE
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 8.94.3814 and 8.94.3815 pertaining to governing the submission and review of applications for funding under the Treasure State Endowment Program (TSEP) | ) ) ) ) ) | NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT |
TO: All Concerned Persons
1. On February 25, 2016, at 1:00 p.m., the Department of Commerce will hold a public hearing in Room 504A of the Park Avenue Building, 301 South Park Avenue, Helena, Montana, to consider the proposed amendment of 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 the Department of Commerce no later than 5:00 p.m., February 22, 2016, to advise us of the nature of the accommodation that you need. Please contact Amy Peck, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2869; TDD (406) 841-2702; facsimile (406) 841-2771; or e-mail to [email protected].
3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
8.94.3814 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINSTRATION OF TREASURE STATE ENDOWMENT GRANTS (1) The Department of Commerce adopts and incorporates by reference the 2014 2016 Montana Treasure State Endowment Program Project Administration Manual (January 2016), published by it as rules for the administration of TSEP grants.
(2) and (3) remain the same.
AUTH: 90-6-710, MCA
IMP: 90-6-710, MCA
REASON: It is reasonably necessary to amend this rule because 90-6-710, MCA, requires the department to adopt rules to implement the program.
8.94.3815 INCORPORATION BY REFERENCE OF RULES GOVERNING THE SUBMISSION AND REVIEW OF APPLICATIONS FOR FUNDING UNDER THE TREASURE STATE ENDOWMENT PROGRAM – PROJECT GRANTS
(1) The Department of Commerce adopts and incorporates by reference the 2014 2016 Montana Treasure State Endowment Construction Application Guidelines (January 2016) as rules governing the submission and review of applications under the TSEP program.
(2) remains the same.
(3) Copies of the regulation adopted by reference in (1) can be viewed on the department's web site at http://comdev.mt.gov/TSEP http://comdev.mt.gov/Programs/TSEP, or may be obtained from the Department of Commerce, Community Development Division, P.O. Box 200523, Helena, Montana 59620-0523.
AUTH: 90-6-710, MCA
IMP: 90-6-710, MCA
REASON: It is reasonably necessary to amend this rule because 90-6-710, MCA, requires the department to adopt rules to receive and review the program.
4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana, 59620-0523; by facsimile to (406) 841-2771, or e-mail to [email protected], and must be received no later than 5:00 p.m., March 4, 2016.
5. Becky Anseth, TSEP Program Manager, 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 may 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 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.
9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Kelly A. Lynch /s/ Douglas Mitchell
KELLY A. LYNCH DOUGLAS MITCHELL
Rule Reviewer Deputy Director
Department of Commerce
Certified to the Secretary of State on January 25, 2016