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| Montana Administrative Register Notice 42-2-994 | No. 8 04/27/2018 | |
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BEFORE THE DEPARTMENT OF REVENUE OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On May 22, 2018, at 10 a.m., the Department of Revenue will hold a public hearing in the 3rd Floor Reception Conference Room of the Sam W. Mitchell Building, located at 125 North Roberts, Helena, Montana, to consider the proposed amendment of the above-stated rules. The hearing room is most readily accessed using the east doors of the building facing Sanders Street.
2. The Department of Revenue will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5 p.m. on May 11, 2018, to advise us of the nature of the accommodation you need. Please contact Laurie Logan, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or e-mail [email protected].
3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
42.2.613 DEFINITIONS The following definitions apply to rules found in this subchapter. (1) through (10) remain the same. (11) "Liquor license protests" means challenges pursuant to 16-4-207, MCA, to the transfer of ownership or location of an all-beverages license.
(12) through (18) remain the same, but are renumbered (13) through (19).
IMP: 15-1-211,
REASON: The department proposes amending ARM 42.2.613 to update the definition of "liquor matters" and add a definition for "liquor license protests," to differentiate liquor matters in general from liquor licensing protests. As set forth in ARM 42.2.621, the department's director delegated the authority to issue a final agency decision (FAD) relating to liquor licensing protests to the office of dispute resolution, but has retained the authority to issue FADs relating to all other liquor matters. Therefore, providing language distinguishing liquor matters from liquor licensing protests in this rule, which covers terms used in the rules located in ARM Title 42, chapter 2, subchapter 6, is necessary for clarity and guidance. These proposed amendments do not represent a change in the department's current practice. The department also proposes updating the implementing section of the rule to remove two statutes that have been determined to be unnecessary.
42.2.621 FINAL AGENCY DECISION AND APPEAL (1) and (2) remain the same. (3) A FAD on liquor matters, liquor licensing protests, and bad debt matters (4) and (5) remain the same.
AUTH: 15-1-201, 15-1-211, 15-1-217, 16-1-303, MCA IMP: 2-4-621, 2-4-623, 2-4-631, 2-15-112, 2-15-1302, 15-1-211, 15-2-302,
REASON: The department proposes amending ARM 42.2.621 to correct the language in (3), which erroneously identifies the appeal process for tax matters and collection matters. The process for appealing tax matters and collection matters is accurately set out in (4). The proposed amendment of (3) is further necessary as that section failed to indicate that liquor matters, in general, may be appealed directly to a district court. The proposed amendment is necessary to ensure that all individuals or entities directly affected by a final agency decision clearly understand the appropriate appeal process that applies to their situation. This proposed amendment does not represent a change in the department's current practice. The department also proposes updating the implementing section of the rule to remove a statute that it has determined to be unnecessary.
4. 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: Laurie Logan, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or e-mail [email protected] and must be received no later than June 1, 2018.
5. Laurie Logan, Department of Revenue, Director's Office, has been designated to preside over and conduct this hearing.
6. The Department of Revenue 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 and e-mail or mailing address of the person to receive notices and specifies that the person wishes to receive notice regarding a subject matter or matters. Notices will be sent by e-mail unless a mailing preference is noted in the request. A written request may be mailed or delivered to the person in 4 above or faxed to the office at (406) 444-3696, or may be made by completing a request form at any rules hearing held by the Department of Revenue.
7. An electronic copy of this notice is available through the Secretary of State's web site at sos.mt.gov/ARM/register.
8. The bill sponsor contact requirements of 2-4-302, MCA do not apply.
9. Regarding 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. Documentation of this determination is available upon request from the person in 4.
/s/ Laurie Logan /s/ Mike Kadas Laurie Logan Mike Kadas Rule Reviewer Director of Revenue
Certified to the Secretary of State April 17, 2018.
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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].
