BEFORE THE DEPARTMENT OF COMMERCE
OF THE STATE OF MONTANA
In the matter of the repeal of ARM 8.2.501, 8.2.502, and 8.2.503 pertaining to the Quality Schools Grant Program | ) ) ) ) ) | NOTICE OF PROPOSED REPEAL NO PUBLIC HEARING CONTEMPLATED |
TO: All Concerned Persons
1. The Department of Commerce proposes to repeal 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., August 27, 2018, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; TDD (406) 841-2731; facsimile (406) 841-2771; or e-mail to [email protected].
3. The department proposes to repeal the following rules:
8.2.501 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM – PLANNING GRANTS
AUTH: 90-6-819, MCA
IMP: 90-6-819, MCA
8.2.502 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM – EMERGENCY GRANTS
AUTH: 90-6-819, MCA
IMP: 90-6-819, MCA
8.2.503 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM – PROJECT GRANTS
AUTH: 90-6-819, MCA
IMP: 90-6-819, MCA
REASON: The sixty-fifth Legislature repealed the Quality Schools Facility Grant Program. Therefore, rules and procedures are no longer necessary. Further, the department no longer has the authority to promulgate rules relating to the now-repealed program.
4. Concerned persons may submit their data, views, or arguments in written form or a request for opportunity to submit data, views, or arguments in oral form to: Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana, 59620-0501; telephone (406) 841-2596; TDD (406) 841-2731; facsimile (406) 841-2771; or e-mail to [email protected], and must be received no later than 5:00 p.m., September 7, 2018.
5. If persons who are directly affected by the proposed action[s] 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 Bonnie Martello at the above address no later than 5:00 p.m., September 7, 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 50 persons based on 496 school districts.
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 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.
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/ G. MARTIN TUTTLE /S/ PAM HAXBY-COTE
G. MARTIN TUTTLE PAM HAXBY-COTE
Rule Reviewer Director
Department of Commerce
Certified to the Secretary of State July 31, 2018.