BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 4.6.301, 4.6.302, and 4.6.303 pertaining to the Montana Cherry Research and Development Program

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NOTICE OF PROPOSED REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On January 30, 2018, the Department of Agriculture proposes to repeal 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 January 19, 2018, to advise us of the nature of the accommodation that you need. Please contact Zach Coccoli, Department of Agriculture, PO Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-0132; fax (406) 444-9442; or e-mail [email protected].

 

3. The department proposes to repeal the following rules:

 

4.6.301 MONTANA CHERRY ADVISORY COMMITTEE

 

AUTH: 80-11-504, MCA

IMP: 80-11-510, MCA

 

4.6.302 ANNUAL CHERRY COMMODITY ASSESSMENT-COLLECTION

 

AUTH: 80-11-504, MCA

IMP: 80-11-515, 80-11-516, MCA

 

            4.6.303 APPLICATION FOR CHERRY RESEARCH AND MARKETING PROJECT FUNDS

 

AUTH: 80-11-504, MCA

IMP: 80-11-511, MCA

 

REASON: The Montana Cherry Advisory Committee advised the director of the Montana Department of Agriculture to consider eliminating the Montana Cherry Research and Market Development Program at a meeting on April 21, 2017. A public hearing was held September 14, 2017 where input was received from approximately a dozen cherry producers. A referendum was mailed to all known Montana cherry producers on November 16, 2017. 69 ballots were received by the Department of Agriculture. The final vote tally was 52-17 in favor of eliminating the Montana Cherry Research and Market Development Program.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Zach Coccoli, Department of Agriculture, PO Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-0132; fax (406) 444-9442; or e-mail [email protected], and must be received no later than 5:00 p.m., January 22, 2018.

 

5. If persons who are directly affected by the proposed actions 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 Zach Coccoli at the above address no later than 5:00 p.m., January 22, 2018.

 

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. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 10 persons based on nearly one hundred cherry growers.

 

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. 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 repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Zach Coccoli                                          /s/ Ben Thomas                              

Zach Coccoli                                                Ben Thomas

Rule Reviewer                                             Director

                                                                     Agriculture

           

Certified to the Secretary of State December 11, 2017.