RECENT RULEMAKING BY AGENCY

 

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, 2018. This table includes notices in which those rules adopted during the period November 6, 2018, through April 26, 2019, occurred 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, 2018, this table, and the table of contents of this issue of the Register.

 

This table indicates the department name, title number, notice numbers in ascending order, the subject matter of the notice, and the page number(s) at which the notice is published in the 2018 or 2019 Montana Administrative Registers.

 

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

 

ADMINISTRATION, Department of, Title 2

 

2-13-580         Statewide Emergency Telephone System, p. 1991, 2399

2-59-572         Definitions for Credit Unions, p. 2357, 290

 

(Public Employees' Retirement Board)

2-43-578         Adopting by Reference the Amended State of Montana Public Employees Pooled Trust in the Defined Contribution Retirement Plan - Adopting by Reference the Amended Stable Value Fund Investment Policy Statement in the Defined Contribution Retirement Plan and the 457(b) Deferred Compensation Plan - Adopting by Reference the Amended State of Montana Public Employees Pooled Trust in the 457(b) Deferred Compensation Plan, p. 1, 288

2-43-582         Investment Policy Statements for the Defined Contribution Retirement Plan and the 457(b) Deferred Compensation Plan, p. 251, 424

2-43-583         Investment Policy Statements for the Defined Contribution Retirement Plan and the 457(b) Deferred Compensation Plan, p. 410

 

(State Lottery Commission)

2-63-579         General Provisions - Retailer Commission - Duplicate Licenses - Prizes - Acceptable Forms of Payment, p. 6, 291

 

AGRICULTURE, Department of, Title 4

 

4-18-251         Financial Responsibility, p. 2271

4-18-252         Potato Commodity Assessment Collection, p. 2359, 292

4-19-253         Industrial Hemp, p. 121

4-19-254         Industrial Hemp, p. 75

4-19-255         Hemp, p. 254

4-19-256         Financial Responsibility, p. 264

4-19-257         State Noxious Weed List, p. 413

 

STATE AUDITOR, Office of, Title 6

 

(Commissioner of Securities and Insurance)

6-245               Long-Term Care Insurance, p. 2120, 126

6-249               Replacement of Life Insurance or Annuities, p. 11, 293

 

COMMERCE, Department of, Title 8

 

8-22-161         Board of Horse Racing, p. 1847, 2400

8-94-163         Administration of the 2018 and 2019 Program Year Federal Community Development Block Grant (CDBG) Program - Public Facilities Projects - Affordable Housing Projects, p. 2277, 39

8-94-165         Administration of the 2020 Biennium Treasure State Endowment Program–Planning Grants, p. 415

8-99-159         Implementation of the Big Sky Economic Development Trust Program, p. 1850, 2401

8-99-160         Implementation of the Primary Sector Workforce Training Program, p. 1852, 2403

8-111-162       Definitions - Housing Credit Allocation Procedure, p. 1994, 2404

8-119-164       Tourism Advisory Council, p. 417

 

EDUCATION, Title 10

 

(Office of Public Instruction)

10-1-131         Soliciting Applications for Membership on a Negotiated Rulemaking Committee to Amend ARM 10.55.606 Pertaining to the Procedures in Determining Accreditation Status Using Student Performance Measures Based on Results of the Required Statewide Assessments, p. 80, 163

10-16-132       Special Education, p. 165

 

(Board of Public Education)

10-57-284       Teacher Licensure, p. 1940, 2405

 

(Montana State Library)

10-102-1801 Depository Procedures for State Publications, p. 2157, 2496

 

FISH, WILDLIFE AND PARKS, Department of, Title 12

 

12-509             Closing the Ennis Fishing Access Site and the Valley Garden Fishing Access Site in Madison County, p. 204

12-510             Closing the York's Islands Fishing Access Site in Broadwater County, p. 295

12-511             Closing the Rosebud Isle Fishing Access Site in Stillwater County, p. 297

12-512             Closing the Smith River From Camp Baker to Eden Bridge, p. 393

12-513             Closing the Mallard's Rest Fishing Access Site in Park County, p. 395

 

(Fish and Wildlife Commission)

12-484             Recreating on the Helena Valley Regulating Reservoir, p. 2160, 294

12-505             Grizzly Bear Demographic Objectives for the Northern Continental Divide Ecosystem, p. 1641, 2497

12-507             No Wake Zones on Canyon Ferry Reservoir, p. 2163, 273

12-508             Recreational Use on the Bitterroot River, p. 193

 

GOVERNOR, Office of, Title 14

 

14-5                 Implementation of the Greater Sage-Grouse Stewardship Act, p. 1997, 41

 

ENVIRONMENTAL QUALITY, Department of, Title 17

 

17-401             Adoption by Reference of the Most Current Version of the Montana Risk-Based Corrective Action (RBCA) Guidance for Petroleum Releases, p. 2424, 174

 

(Board of Environmental Review)

17-399             401 Certification, p. 1645, 2517

17-402             Implementing a Registration System for Certain Facilities That Currently Require a Montana Air Quality Permit, p. 2430, 425

17-403             Ground Water Standards Incorporated by Reference Into Department Circular DEQ-7, p. 2446, 196

17-404             Definitions - Department Circulars DEQ-1, DEQ-2, and DEQ-3 - Setbacks Between Water Wells and Sewage Lagoons, p. 2455

 

TRANSPORTATION, Department of, Title 18

 

18-172             Motor Carrier Services Electronic Weigh Station Bypass Systems, p. 2479, 175

18-173             Motor Carrier Services Safety Requirements, p. 314

 

JUSTICE, Department of, Title 23

 

23-3-253         Third-Party CDL Skills Testing Program - Commercial Driver's License Testing, p. 1766, 176, 338

23-12-432       Locking Arrangements in Educational Occupancies, p. 299

23-16-256       Authorization and Regulation of 50/50 Raffles and 50/50 Raffle Electronic Processing Systems - Definitions - Grounds for a Denial of a License - Cross-References to Alcoholic Beverages Licenses - Credit Play - Administrative Procedure - Card Dealer Licensure - Raffles - Card Dealer Licensure, p. 2482, 302

 

(Public Safety Officers Standards and Training Council)

23-13-254       Certification of Public Safety Officers, p. 1342, 2518

 

LABOR AND INDUSTRY, Department of, Title 24

 

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

 

24-11-341       Unemployment Insurance Contributions, p. 2005, 2525

24-17-342       Prevailing Wage Rates for Public Works Projects, p. 2280, 134

24-29-339       Workers' Compensation, p. 1506, 2527

24-29-340       Utilization and Treatment Guidelines - Drug Formulary - Workers' Compensation, p. 2010, 2531

24-29-343       Medical Utilization and Treatment Guidelines for Workers' Compensation Purposes, p. 317

24-29-345       Medical Fee Schedules for Workers' Compensation Purposes, p. 390

24-30-344       Occupational Safety and Health Rules for Public Sector Employees, p. 320

24-117-33       Licensure and Regulation of Professional Boxing, p. 324

 

(Board of Architects and Landscape Architects)

24-114-37       Architect Examination - Architect Licensure by Examination - Education and Experience Required for Landscape Architect Licensure - Architect Continuing Education Requirements - Unprofessional Conduct, p. 275

 

(Board of Athletic Trainers)

24-118-5         Definitions - Fee Schedule - Renewals - Unprofessional Conduct - Limit on Nonlicensee Conduct, p. 170, 427

 

(Board of Clinical Laboratory Science Practitioners)

24-129-18       Fees - Inactive Status - Continuing Education Requirements, p. 1943, 178

 

(Board of Dentistry)

24-138-75       Definition of Nonroutine Application - General Standards for Specialties - Specialty Advertising, p. 2361, 429

 

(Board of Hearing Aid Dispensers)

24-150-40       Fees - Inactive Status - Military Training or Experience - Continuing Education Requirements - Unprofessional Conduct - Proof of Attendance, p. 1948, 52

 

(Board of Medical Examiners)

24-156-85       Definitions - Unprofessional Conduct - Reporting to the Board - ECP Licensure Qualifications - ECP License Application - Substantially Equivalent Education - Continuing Education and Refresher Requirements - Expired License - Fees - Medical Direction - Levels of ECP Licensure Including Endorsements - Endorsement Application - Procedures for Revision of Montana ECP Practice Guidelines or Curriculum - Scope of Practice - Training Courses - Final Pre-Licensing Examinations - Complaints - ECP License Renewal - ECP Training Program/Course Application and Approval - Examinations - Initial ECP Course Requirements - Post-Course Requirements - ECP Clinical Requirements, p. 83, 431

 

(Board of Occupational Therapy Practice)

24-165-23       Fees - Continuing Education - Unprofessional Conduct - Board Filing Practices - Renewals, p. 2283, 140

 

(Board of Outfitters)

24-171-39       Fees - Outfitter Records - Safety and First Aid Provisions - Insurance for Outfitters - Guide License, p. 280

 

(Board of Professional Engineers and Professional Land Surveyors)

24-183-43       Definitions - Fee Schedule - Teaching of Advanced Engineering Subjects in Montana - Certificate of Authorization - Applications - Exhibits of Land Surveying Projects - Comity for Professional Engineers and for Professional Land Surveyors - Classification of Land Surveying Experience - Continuing Professional Competence-Continuing Education - Unprofessional Conduct, p. 13

 

(Board of Public Accountants)

24-201-51       Fee Schedule - Use of CPA/LPA Designation - Applicant for Initial License - Certified Public Accountant Examination - Out-of-State Licensees Seeking a Montana License - Foreign Licensees Seeking a Montana License - Application Review - Peer Review Enrollment - Alternatives and Exemptions - Approved Peer Review Sponsoring Organizations, Programs, and Peer Review Standards - Standards for CPE Reporting - Reporting Requirements - Extension or Hardship Exception, p. 1359, 2406

 

(Board of Real Estate Appraisers)

24-207-42       Appraisal Review - USPAP Exemption - Definitions - Examination - Application Requirements - Approval of Qualifying and Continuing Education Courses - Ad Valorem Appraisal Experience - Qualifying Experience - Inactive License/Certification - Inactive to Active License - Trainee Requirements - Mentor Requirements - Registration and Renewal of Appraisal Management Companies - Continuing Education-Compliance and Auditing - Unprofessional Conduct for Appraisers - Unprofessional Conduct for Appraisal Management Companies - Incorporation by Reference of the Real Property Appraiser Qualification Criteria - Appraiser Reporting Obligations to the Board - Appraisal Management Company Reporting Obligations to the Board - Regulatory Reviews - Experience-Number of Hours Required - Qualifying Education Requirements for Licensed Real Estate Appraisers - Qualifying Education Requirements for Residential Certification - Qualifying Education Requirements for General Certification - Scope of Practice - Continuing Education Noncompliance, p. 2166, 53

24-207-43       Ad Valorem Tax Appraisal Experience, p. 420

 

(Board of Respiratory Care Practitioners)

24-213-21       Abatement of Renewal Fees - Continuing Education Requirements, p.       106

 

(Board of Behavioral Health)

24-219-32       Renewal Dates and Requirements - Military Training or Experience - Continuing Education Procedures and Documentation - Procedural Rules - Fee Schedules - Continuing Education Requirements - Accreditation and Standards - Reporting Requirements - Continuing Education Noncompliance, p. 20, 339

24-219-33       Licensed Addiction Counselors, p. 207

 

(Board of Speech-Language Pathologists and Audiologists)

24-222-28       Renewal Dates and Requirements - Definitions - Supervisor Responsibility - Functions of Speech-Language Pathology Aides or Assistants - Delivery of Telepractice Services - Continuing Education–Speech Language Pathologists and Audiologists - Screening Panel - License Renewal - Schedule of Supervision–Contents, p. 1368, 2306

 

LIVESTOCK, Department of, Title 32

 

32-18-291       Quarantine and Release of Quarantine - Definitions - Official Health Certificate - Permits - Additional Requirements for Cattle - Horses, Mules, and Asses - Department Ordered Pseudorabies Testing - Procedure Upon Detection of Pseudorabies - Department Ordered Brucellosis Testing of Animals - Procedure Upon Detection of Brucellosis - Memorandum of Understanding - Designated Surveillance Area - Vaccination Within the Counties in Which the DSA Is Located - Contaminated Premises - Identification of Omnivores and Carnivores - Importation of Alternative Livestock - Domestic Bison - Quarantine and Retest of Suspect Animals in Negative Herd - Swine Identification Code: Assignment of Codes, p. 1225, 1525, 1960

32-18-294       Definitions - Testing of Exposed Equids, p. 1708, 2542

32-19-295       Manner, Positioning, and Size of Labeling, p. 285, 448

 

NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

 

36-22-199       Burlington Northern and Santa Fe Somers Site Controlled Groundwater Area, p. 1781, 2408

 

(Board of Water Well Contractors)

36-22-194       Location of Wells, p. 2494, 111

 

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

 

37-849             Home Health Program, p. 2287, 141

37-867             Big Sky Rx, p. 2293, 60

37-868             Hospice Reimbursement, p. 2297, 61

37-869             Updating the Effective Dates of Medicaid Fee Schedules, p. 2024, 2409

37-870             Updated Medicaid Rates Manual, p. 2034, 2543

37-871             Pools, Spas, and Other Water Features, p. 2301, 62

37-872             Clinic Services Requirements, p. 32, 341

37-874             Update of the Healthcare Effectiveness Date and Information Set (HEDIS), p. 198, 397

37-875             Updating the Composite Rate for Outpatient Maintenance Dialysis Clinic, p. 112, 343

37-876             Adult Protective Services, p. 35, 344

37-879             Low Income Weatherization Assistance Program (LIWAP), p. 331

37-881             Healthy Montana Kids (HMK) Dental Benefits, p. 335

 

PUBLIC SERVICE REGULATION, Department of, Title 38

 

38-5-242         Pipeline Safety, p. 2366, 179

 

REVENUE, Department of, Title 42

 

42-2-995         Deduction Provided Under IRC 199A - Not Allowed for the Determination of Montana Net Income, p. 1153, 2311

42-2-996         Reappraisal Cycles for Residential, Commercial, Forest, and Agricultural Properties - Development of a Reappraisal Plan and Valuation Manuals, p. 2038, 2410

42-2-997         Tax Increment Financing Districts, p. 2193, 345

42-2-998         Agricultural Land Valuation, p. 2205, 2546

42-2-999         Trended Depreciation Schedules for Valuing Personal Property, p. 2369, 115, 209

 

SECRETARY OF STATE, Office of, Title 44

 

(Commissioner of Political Practices)

44-2-231         Payment Threshold--Inflation Adjustment for Lobbyists, p. 2304, 63