BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I, the amendment of ARM 4.12.1405, and the repeal of 4.12.1436 pertaining to the Nursery Program

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION, AMENDMENT, AND REPEAL

 

TO: All Concerned Persons

 

            1. On September 7, 2017, at 10:00 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 302 N. Roberts, Helena, Montana, to consider the proposed adoption, amendment, and repeal of the above-stated rules.

 

2. The Department of Agriculture 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 Agriculture no later than 5:00 p.m. on September 4, 2017, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail [email protected].

 

3. The rule as proposed to be adopted provides as follows:

 

NEW RULE I NURSERY FEES (1)  The license fees for each location of a firm, nursery, or plant dealer are as follows:

 

            Gross annual sales of nursery stock:                   Fee:

            not more than $5,000……………………………..$25

            $5,001 to $75,000…………………………………$135

            $75,001 to $150,000………………………………$200

            $150,001 to $250,000……………………………..$300

            Over $250,000……………………………………. $400

 

            (2)  A landscape service shall pay a license fee of $150. If the landscape service also sells nursery stock, it shall pay a license fee either as a landscape service or as a nursery, whichever is greater.

            (3)  A sod farmer shall pay a license fee of $220.

 

AUTH: 80-7-106, MCA

IMP: 80-7-106, MCA

 

REASON: The fees are needed to conform to the minimums established by law to fund the department's nursery inspection program. The impact on a business will be the amount of the fee in the schedule each year per location. The department anticipates the total of fees will generate approximately $105,500. The estimated number of nurseries and landscapers affected by the proposed rulemaking is 1,265.

 

4. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

            4.12.1405  PLANT INSPECTION CERTIFICATE/SURVEY COSTS OTHER NURSERY FEES (1)  All fees for services are payable upon receipt of a billing statement. The department may assess a collection fee of 18% annual percentage rate, or assess a minimum fee of $25, whichever is greater, for any payment amount not received on or before the last regular business day of each month. The department may require past due payment of fees prior to providing inspection services. The fees shall be as follows:

(a) Nursery stock certification, pursuant to 80-7-122, MCA:

(i) annual plant inspection certificates: $50; and

(ii) nursery tags: 15¢/tag - Nursery tags are issued provided that the commodity is inspected by the department. Costs for the inspection will be charged according to fees in this rule with a minimum $5 inspection fee.

(ba)  Annual clean plant and indexing certification, pursuant to 80-7-108, MCA, is $250.

(cb)  Other services Services:

(i)  heat treatment certificates: $10; and

(ii)  other documents of quarantine compliance: $10.

(dc)  The department charges for mileage, lodging, per diem, and an hourly rate for certain services to recover costs for expenses that exceed the fees established in (1)(a), (b), and (c). These charges are as follows:

(i)  actual cost of trapping, survey, and treatment materials when requested by public or private persons when related to export certification, nursery certification, or nursery stock certification; and

(ii)  hourly charge - $44 per hour with a one-hour minimum.

(ed)  Charges for lodging, meals, and mileage will be computed in accordance with rates established in 2-18-501, MCA.

 

AUTH: 80-7-108, 80-7-122, MCA

IMP, 80-7-108, 80-7-110, 80-7-122, MCA

 

REASON: Section 80-7-122, MCA, was repealed by the legislature. These amendments remove references to it and any fee based on it.

 

5. The department proposes to repeal the following rule:

 

4.12.1436 COST OF INSPECTIONS  

 

AUTH: 80-7-108, MCA

IMP: 80-7-108, MCA

 

REASON: The Cost of Inspections rule is no longer authorized by law nor necessary for the ordinary operation of the department's nursery program.

 

            6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Cort Jensen, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail [email protected], and must be received no later than 5:00 p.m., September 15, 2017.

 

7. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing.

 

8. 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 6 above or may be made by completing a request form at any rules hearing held by the department.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by email on August 1, 2017.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption, amendment, and repeal of the above-referenced rules will significantly and directly impact small businesses at the levels indicated in the reason.

 

 

/s/ Cort Jensen                                            /s/ Ben Thomas                              

Cort Jensen                                                 Ben Thomas

Rule Reviewer                                             Director

                                                                     Agriculture

           

Certified to the Secretary of State August 7, 2017.