Administrative Rules of the State of Montana

ACCUMULATIVE TABLE

The Administrative Rules of Montana (ARM) is a compilation of existing permanent rules of those executive agencies that have been designated by the Montana Administrative Procedure Act for inclusion in the ARM. The ARM is updated through December 31, 2015. This table includes those rules adopted during the period January 1, 2016, through March 31, 2016, and any proposed rule action that was pending during the past 6-month period. (A notice of adoption must be published within six months of the published notice of the proposed rule.) This table does not include the contents of this issue of the Montana Administrative Register (MAR or Register).

To be current on proposed and adopted rulemaking, it is necessary to check the ARM updated through December 31, 2015, this table, and the table of contents of this issue of the Register.

This table indicates the department name, title number, rule numbers in ascending order, catchphrase or the subject matter of the rule, and the page number at which the action is published in the 2015/2016 Montana Administrative Register.

To aid the user, the Accumulative Table includes rulemaking actions of such entities as boards and commissions listed separately under their appropriate title number.

ADMINISTRATION, Department of, Title 2

I-VII Credit Union Supervisory Committee - Credit Union Investment Rules - Board of Director Training, p. 1556, 2247

2.5.201 and other rules - Definitions - Changes Within the State Procurement Bureau and Central Stores Program, p. 612

2.5.701 and other rules - State Surplus Property Program, p. 355, 719

2.21.4002 and other rules - Equal Employment Opportunity - Nondiscrimination - Harassment Prevention, p. 617

2.55.502 Individual Loss Sensitive Dividend Distribution Plan, p. 548

2.59.104 Semiannual Assessment for Banks, p. 479

2.59.303 and other rules - Closing a Consumer Loan Business - Reimbursement of Department Costs in Bringing an Administrative Action - Credit Insurance - Examination Fees - Licensure Surrender - Annual Reports, p. 1547, 2246

2.59.416 and other rules - Credit Union Investments, p. 359, 720

2.59.1710 and other rules - Records to Be Maintained by Mortgage Brokers - Records to Be Maintained by Mortgage Lenders - Reporting Forms for Mortgage Servicers, p. 1563, 2249

2.59.1735 Determining the Amount of Surety Bond for a New Mortgage Broker or Mortgage Lender, p. 630

(Public Employees' Retirement Board)

I Redirection of Certain PERS Employer Contributions From the Defined Benefit Trust Fund for the Purposes of Paying Off the Plan Choice Rate Unfunded Actuarial Liability to Defined Contribution Member Accounts, p. 2179, 310

I-XI Deferred Retirement Option Plan (DROP) for Members of the Highway Patrol Officers' Retirement System, p. 1778, 2244

(Board of Examiners)

2.53.201 Model Procedural Rules, p. 627

AGRICULTURE, Department of, Title 4

I Pesticide Certification and Training Fees, p. 551

4.3.407 and other rules - Student Loans - Public Participation - Mint Committee, p. 1571, 2136

4.9.301 and other rule - Wheat and Barley Committee Grants, p. 1568, 2135

STATE AUDITOR, Office of, Title 6

(Commissioner of Securities and Insurance)

6.6.3702 and other rules - Reporting by Holding Company Systems, p. 246

6.6.4907 Patient-Centered Medical Homes, p. 1796, 2250

6.10.703 Securities Restitution Fund, p. 256, 721

COMMERCE, Department of, Title 8

I Administration of the 2018 Biennium Federal Community Development Block Grant (CDBG) Program – Planning Grants, p. 554

I Administration of the 2016 and 2017 Program Year Federal Community Development Block Grant (CDBG) Program – Public Facilities Projects, p. 633

I Administration of the 2016 and 2017 Program Year Federal Community Development Block Grant (CDBG) Program – Competitive Housing and Neighborhood Renewal Projects, p. 635

8.2.503 Administration of the Quality Schools Grant Program, p. 2060, 17

8.94.3814 and other rule - Governing the Submission and Review of Applications for Funding Under the Treasure State Endowment Program (TSEP), p. 178, 511

8.94.3816 Administration of the 2017 Biennium Treasure State Endowment Program–Emergency Grants, p. 969, 1484

(Board of Horse Racing)

8.22.2301 and other rules, Board of Horse Racing, p. 2252

EDUCATION, Department of, Title 10

(Office of Public Instruction)

I-II Distribution of Oil and Gas Production Taxes, p. 558

10.10.301 and other rules - School Finance, p. 363, 556

10.16.3122 and other rules - Special Education, p. 1578, 2257

(Board of Public Education)

10.57.412 and other rules - Educator Licensure, p. 1402, 2091

(State Library)

10.102.1152 Deferrals, p. 1800, 2270

FISH, WILDLIFE AND PARKS, Department of, Title 12

12.7.201 and other rules - Commercial Bait Seining, p. 259, 585

12.9.804 and other rules - Game Damage Hunts, p. 875, 2138, 138

12.11.341 and other rule - Aquatic Invasive Species, p. 263

(Fish and Wildlife Commission)

12.2.601 State Land Access Tax Credit, p. 1803, 202

12.6.106 Removal of Shelter, p. 1806, 203

12.11.206 and other rule - Temporary Client Days on the Beaverhead and Big Hole Rivers, p. 267

(State Parks and Recreation Board)

I-XXIV State Parks Public Use, p. 482

GOVERNOR, Office of, Title 14

I-II Implementation of the Sage Grouse Stewardship Act, p. 2125, 458

ENVIRONMENTAL QUALITY, Department of, Title 17

17.36.101 and other rules - Subdivisions/On-Site Subsurface Wastewater Treatment - Application--Contents - Review Procedures--Applicable Rules - Re-review of Previously Approved Facilities: Procedures - Setbacks - Sewage Systems: Agreements and Easements - Existing Systems - Water Supply Systems: Operation and Maintenance, Ownership, Easements, and Agreements - Fee Schedules - Disposition of Fees, p. 2192, 722

17.40.201 and other rules - Definitions - Classification Systems - Examinations - Experience and Education - Continuing Education Requirements - Approved Training Providers, p. 1593, 2144

17.50.523 Transportation, p. 4, 725

17.74.101 and other rules - Occupational Noise - Occupational Air Contaminants, p. 2062, 18

(Board of Environmental Review)

17.4.201 and other rules - Procedural Rules - Water Quality - Public Water Supply and Sewage System Requirements - Water Pollution Rules - Radiological Criteria - State and EPA Coordination - Pretreatment - Definitions - Enforcement Actions for Administrative Penalties - Purpose - Enforcement Procedures - Suspended Penalties, p. 2182, 517

17.8.334 and other rules - Emission Standards for Existing Aluminum Plants–Startup and Shutdown - Maintenance of Air Pollution Control Equipment for Existing Aluminum Plants - Mercury Allowance Allocations Under Cap and Trade Budget, p. 1809, 512

17.8.610 and other rules - Major Open Burning Source Restrictions - Conditional Air Quality Open Burning Permits - Christmas Tree Waste Open Burning Permits - Commercial Film Production Open Burning Permits - Firefighter Training - Conditions for Issuance or Denial of Permit - General Requirements for Air Quality Operating Permit Content, p. 563

17.24.201 and other rules - Rules and Regulations Governing the Opencut Mining Act, p. 1951, 513

17.30.1001 and other rules - Water Quality - Subdivisions/On-Site Subsurface Wastewater Treatment - Public Water and Sewage System Requirements - Solid Waste Management - Definitions - Adoption by Reference - Wastewater Treatment Systems: Technical Requirements - Plans for Public Water Supply or Public Sewage System - Plans for Public Water Supply or Wastewater System - Incorporation by Reference and Availability of Referenced Documents, p. 2188

TRANSPORTATION, Department of, Title 18

18.6.202 Outdoor Advertising Control, p. 381

18.8.431 and other rules - Motor Carrier Services, p. 2205, 312

18.8.512 Motor Carrier Services, p. 638

CORRECTIONS, Department of, Title 20

I Authorization for Probation and Parole Officers to Carry Firearms - Firearms Training Requirements - Department Procedures Pertaining to Firearms, p. 2211, 462

I-IV Implementing the Medicaid Rate as the Reimbursement Rate the State of Montana Will Pay Health Care Providers for Services Provided to Individuals in the Care or Custody of the Department of Corrections or the Department of Public Health and Human Services, p. 2215, 313

(Board of Pardons and Parole)

20.25.101 and other rules - Parole and Executive Clemency, p. 2064, 139

JUSTICE, Department of, Title 23

23.16.119 and other rules - Temporary Gambling Authority - Participation in Gambling Operations - Sports Pool Design and Operation - Software Specifications for Video Poker Machines, p. 569

LABOR AND INDUSTRY, Department of, Title 24

Boards under the Business Standards Division are listed in alphabetical order by chapter following the department rules.

I-III Workforce Development Activities for Montana HELP Act Participants, p. 105, 728

I-IX Reopening of Medical Benefits Automatically Closed in Certain Workers' Compensation Claims, p. 2073, 204, 586

24.17.103 and other rules - Prevailing Wage Rates for Public Works Projects, p. 1813, 2271, 140

24.29.1433 and other rules - Workers' Compensation Medical Service Fee Schedules, p. 641

24.301.146 and other rules - Modifications to the International Building Code Applicable to Department and Local Government Code Enforcement - Incorporation by Reference of International Swimming Pool and Spa Code - Adoption by Reference of ARM 37.111.1115 Review of Plans, p. 1619, 19

24.301.301 and other rules - Incorporation by Reference of Uniform Plumbing Code - Fees - Incorporation by Reference of International Wildland-Urban Interface Code (IWUIC), p. 2084, 316

24.301.501 and other rules - Applicability of Statutes and Rules - Definitions - Commercial or Business Occupancy - Third Party Inspections - Reciprocity - Requirements for Data Plate - Application for Review - Plan Review Termination - Quality Control - Changes to Reviewed Plans - Unit Identification - Plan Renewal - Insignias - Fees - Inspections - Certificates - Effective Date - Information Required to Dealer - Application for Approval - Model Manufactured Location - Out-of-State Applicant - Evidence of Review - Discontinuance of Review, p. 276

(Board of Barbers and Cosmetologists)

24.121.301 and other rules - Definitions - Nonroutine Applications - Premises and General Requirements - Licensing - Military Training or Experience - School Operations - Salons/Booth Rental - Disinfecting Agents - Salon Preparation Storage and Handling - Blood Spills, p. 1340, 2034

(Board of Behavioral Health)

I-III Licensees Authorized to Perform Psychological Assessments - Educational Requirements for Performing Psychological Assessments Without Supervision - Licensees Qualified to Supervise Psychological Assessments, p. 1614, 2276

24.154.301 and other rules - Definitions - Fee Schedule - Military Training or Experience - Education Requirement - Application Procedures - Licensure by Endorsement - Supervised Work Experience - Nonresident Licensed Addiction Counselor Services - Inactive Status and Conversion From Inactive to Active Status - Continuing Education Requirements - Continuing Education Procedures and Documentation - Unprofessional Conduct - Supervisor Qualifications - Qualified Treatment Setting - Addiction Counselor Licensure Candidate Application Procedures - Addiction Counselor Licensure Candidate Requirements - Addiction Counselor Licensure Candidate Annual Registration Requirements - Gambling Disorder Education Requirement for Current Licensed Addiction Counselor Licensees - Procedural Rules - Public Participation Rules - Renewals - Complaint Procedure, p. 646

24.219.101 and other rules - Board Organization - Definitions - Fee Schedules - Supervisor Qualifications - LCSW Licensure - LCPC Licensure - LMFT Licensure - Code of Ethics - Screening Panel - Public Participation - LCPC Education Requirements - LMFT Education Requirements - Social Worker Licensure Candidates - Professional Counselor Licensure Candidates - Marriage and Family Therapist Licensure Candidates - Renewals - Complaint Procedure, p. 1991, 221

(Board of Chiropractors)

24.126.411 and other rules - Patient Records Retention - Continuing Education Requirements - Approved Continuing Education - Unprofessional Conduct - Sexual Relations With a Patient and Sexual Misconduct - Board Meetings - Record of Minutes and Hearings - Renewals, p. 270, 733

(Board of Clinical Laboratory Science Practitioners)

24.129.603 and other rules - Licensing, p. 1602, 518

(Board of Funeral Service)

24.147.402 and other rules - Mortician License - Mortuary Transfers, Inspections, and Temporary Permits - Out-of-State Mortician Licensure - Sale of At-Need, Preneed, and Prepaid Funeral Arrangements, p. 1605, 314

(Board of Massage Therapy)

24.155.601 Licensure by Grandfather Clause, p. 1611, 315

(Board of Nursing)

24.159.301 and other rules - Definitions - Purpose - Criteria for Delegation of Nursing Tasks - General Nursing Functions - Parliamentary Authority - Preparation of Licenses - Duplicate or Lost Licenses - Nursing Delegation, p. 497

(Board of Physical Therapy Examiners)

24.177.2105 and other rule - Continuing Education - Dry Needling, p. 576

(Board of Public Accountants)

24.201.301 and other rules - Definitions - Fee Schedule - Use of CPA/LPA Designation - Licensing and Examinations - Professional Conduct Rules - Mandatory Peer Review - Renewal and Continuing Education - Complaint Procedures - Firms–Registration - Approved Peer Review Programs and Standards - Fee Abatement - Out-of-State Applicants Continuing Education Requirement, p. 110

(Board of Radiologic Technologists)

24.204.401 and other rules - Fees - Military Training - Course Requirements for Limited Permit Applicants - Code of Ethics - Renewals, p. 1818, 2274

(Board of Real Estate Appraisers)

24.207.101 and other rules - Board Organization - Fees - Definitions - Examination - Application Requirements - Qualifying Experience - Mentor Requirements - Registration and Renewal - Record-Keeping Requirements - Unprofessional Conduct - Renewals, p. 1405, 217

LIVESTOCK, Department of, Title 32

32.2.401 and other rules - Feral Swine Mandatory Reporting - Fees - Additional Requirements for Cattle - Semen Shipped Into Montana, p. 2221, 223

32.2.406 Licensee Assessments, p. 2017, 6

32.3.221 Special Requirements for Alternative Livestock as Defined in 87-4-406, MCA - Intrastate Movement of Cattle: Identification - Elk-Red Deer Hybridization Tests - Importation of Alternative Livestock, p. 505

32.6.712 Food Safety and Inspection Service (Meat, Poultry), p. 135, 463

(Board of Milk Control)

I-II Penalties, p. 293, 588

32.23.301 Licensee Assessments, p. 2227, 317

32.24.506 and other rule - Producer Committee - Pooling Plan Definitions, p. 2230, 319

(Board of Horse Racing)

32.28.101 and other rules - Board of Horse Racing, p. 2252

NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

I East Valley Controlled Groundwater Area, p. 2020, 224

I Rye Creek Stream Depletion Zone, p. 2235, 297

(Board of Land Commissioners)

36.11.432 and other rule - Grizzly Bear Conservation Measures on the Stillwater and Coal Creek State Forest, p. 8, 589

36.25.1001 and other rules - Cabin Site Leasing, p. 181

(Board of Oil and Gas Conservation)

I Certification of Carbon Sequestration Equipment, p. 1355, 2035

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

I-X Implementation of the Montana Health and Economic Livelihood Partnership (HELP) Program, p. 1837, 2294

37.8.116 Increasing Certain Fees for Certified Copies of Vital Records, p. 434

37.36.604 Updating the Annual Poverty Guidelines for the Montana Telecommunications Access Program, p. 888, 2146

37.40.301 and other rules - Nursing Facility Reimbursement - Updating Outdated Terms, p. 697

37.40.422 Updating Direct Care Wage Effective Dates and Reimbursement Updates Effective January 1, 2016, p. 2128, 320

37.40.830 Updating Hospice Reimbursement Fee Schedules to Reflect New Federal Rates, p. 2024, 20

37.57.101 and other rules - Children's Special Health Services Financial Assistance Program, p. 664

37.57.102 and other rule - Updating Federal Poverty Guidelines to 2015 Levels and to Align Children's Special Health Services (CSHS) With the Healthy Montana Kids (HMK) Financial Assistance Eligibility Criteria, p. 1130, 2148

37.70.107 and other rules - Low Income Assistance Program (LIEAP) Amendments for the 2014-2015 and 2015-2016 Heating Season, p. 1624, 2145

37.79.304 and other rule - Healthy Montana Kids (HMK)/CHIP Dental Benefits and Evidence of Coverage, p. 1832, 2292

37.80.101 and other rules - Child Care Assistance - Implementation of Required Policy Changes Under the Child Care and Development Block Grant of 2014, p. 1652, 590

37.81.304 Updating the Big Sky Rx Maximum Premiums to Match the Federal Monthly Benefit Benchmark, p. 2028, 21

37.85.104 and other rule - Revision of Fee Schedules for Medicaid Provider Rates Effective July 1, 2016, p. 669

37.85.105 and other rule - Effective Dates of Montana Medicaid Provider Fee Schedules, p. 1826, 2238, 151

37.85.204 and other rules - Medicaid Program Treatment Limits - Cost-Share Requirements - Medicaid Coverage, p. 409

37.85.406 and other rules - Hospitals - Inpatient Hospitals - Rural Health Clinics - Federally Qualified Health Centers, p. 705

37.86.101 Updating the Physician-Related Services Provider Manual, p. 1667, 2092

37.86.105 and other rules - Changes to Montana Medicaid Pharmacy Reimbursement, p. 684

37.86.1006 Establishment of an Annual Payment Limit for Dental Services Provided Through Medicaid, p. 1859, 2315

37.86.2803 and other rules - Addition of Lactation Services to Medicaid Outpatient Hospital Services, p. 1661, 1823, 2289

37.86.3503 and other rules - Compliance to ICD-10-CM, p. 1415, 2283

37.87.1201 and other rules - Provider Participation - Program Requirements - Reimbursement Procedures for Psychiatric Residential Treatment Facility (PRTF) Services, p. 985, 1239, 2147

37.106.704 Ten Additional Inpatient Beds Granted by a Waiver Under the Patients and Providers Act of 2008 for Critical Access Hospitals, p. 430

37.106.1901 and other rules - Adding a Forensic Mental Health Facility Endorsement to a Licensed Mental Health Center, p. 1424, 144

37.107.117 Reduction of Application and Renewal Fees Associated With the Montana Marijuana Act Cardholder Registry, p. 298

PUBLIC SERVICE REGULATION, Department of, Title 38

38.2.4801 and other rules - Procedural Rules, p. 580

38.5.1902 Cogeneration and Small Power Production, p. 1442, 2318

38.5.2202 and other rule - Pipeline Safety, p. 2132, 321

REVENUE, Department of, Title 42

I-III Tax Credits for Contributions to Qualified Education Providers - Student Scholarship Organizations, p. 1682, 2331, 2348

42.2.303 and other rule - Meetings With Department Leadership, Information Access, and the Department's Acceptance of Power of Attorney Requests, p. 439

42.2.613 and other rules - Uniform Dispute Review Process - Department's Office of Dispute Resolution, p. 442, 510

42.4.2902 and other rules - Tax Credits for Historic Property Preservation, p. 1862, 2362

42.9.101 and other rules - Pass-Through Entities, p. 1694, 2152

42.11.104 and other rules - Liquor Prices - Vendor Product Representatives and Permits - Samples - Advertising - Unlawful Acts - Inventory Policy (Powdered/Crystalline Liquor Products) - Product Availability - Product Listing - Bailment - State Liquor Warehouse Management, p. 1254, 1671, 2093

42.11.301 and other rules - Agency Liquor Stores, p. 1735, 2162

42.13.301 and other rules - Distillery Deliveries - Alternating Proprietor on a Manufacturer's Premises - Contract Manufacturing - Storage of Alcoholic Beverages, p. 1727, 2157

42.15.108 and other rules - Fiduciaries, Estates, and Trusts, p. 897, 22

42.15.214 Resident Military Salary Exclusion, p. 1679, 2325

42.18.124 and other rules - Property Valuation Periods - Property Appraiser Certification Requirements, p. 1448, 2040

42.19.401 and other rules - Property Tax Assistance Programs, p. 1453, 2041

42.20.102 and other rules - Property Classification, Appraisal, Valuation, and Exemptions, p. 1709, 2350

42.21.113 and other rules - Trended Depreciation Schedules for Valuing Property, p. 1866, 2364

42.21.158 and other rules - Personal Property Reporting Requirements - Personal Property Taxation Dates - Livestock Reporting - Livestock Per Capita Fee Payments, p. 1673, 2322

42.22.101 and other rules - Centrally Assessed Property, p. 1686, 2149

42.22.1311 Industrial Machinery and Equipment Trend Factors, p. 456, 736

42.25.1801 Crude Oil Pricing - Stripper Well Bonus and Stripper Well Exemption Definitions, p. 301, 735

42.29.101 and other rules - Universal System Benefits Programs, p. 13, 712

42.38.102 and other rules - Unclaimed Property, p. 1249, 2036

SECRETARY OF STATE, Office of, Title 44

1.2.104 Administrative Rules Services Fees, p. 716

1.2.419 Scheduled Dates for the 2016 Montana Administrative Register, p. 1744, 2097

1.3.307 and other rule - Rulemaking Notice Requirements, p. 1748, 2098

44.2.301 and other rules - Business Services Division Filings and Fees, p. 304, 594

44.5.114 and other rule - Fees Charged by the Business Services Division for the Filing of Annual Reports, p. 2031, 2367

44.5.120 Trademark Fees, p. 1751, 2099

44.5.121 Miscellaneous Fees Charged by the Business Services Division, p. 2241, 200, 519

44.5.131 Rules Governing the Registration of Business/Mark Names, p. 1469, 2042

44.14.301 and other rules - Fees Charged by the Records and Information Management Division, p. 1473, 2043

44.14.312 Fees Charged by the Records and Information Management Division, p. 2089, 90

44.15.101 and other rules - Notaries Public, p. 1358, 1913, 2096

(Commissioner of Political Practices)

44.10.101 and other rules - Campaign Finance Reporting, Disclosure, and Practices, p. 1138, 28, 81