BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 8.100.101 through 8.100.112 pertaining to the Montana Board of Research and Commercialization Technology

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NOTICE OF PROPOSED REPEAL     NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

            1.  On August 13, 2019, 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., July 17, 2019, 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:

 

8.100.101 ORGANIZATION RULE

 

AUTH: 90-3-1003, MCA

IMP: 2-15-1819, 90-3-1003, MCA

 

8.100.102 PROCEDURAL RULES

 

AUTH: 90-3-1003, MCA

IMP: 90-3-1003, MCA

 

8.100.103 PUBLIC PARTICIPATION RULES

 

AUTH: 90-3-1003, MCA

IMP: 90-3-1003, MCA

 

8.100.104 DEFINITIONS

 

AUTH: 90-3-1003, MCA

IMP: 90-3-1003, MCA

 

8.100.105 APPLICATION PROCEDURES FOR A RESEARCH AND COMMERCIALIZATION GRANT OR LOAN – SUBMISSION AND EVALUATION OF EXECUTIVE SUMMARY AND PROJECT PROPOSAL

 

AUTH: 90-3-1003, MCA

IMP: 90-3-1003, MCA

 

8.100.106 APPLICATION PROCEDURES FOR A RESEARCH AND COMMERCIALIZATION GRANT OR LOAN – EVALUATION AND REVIEW PROCESS

 

AUTH: 90-3-1003, MCA

IMP: 90-3-1003, MCA

 

8.100.107 APPLICATION PROCEDURES FOR A RESEARCH AND COMMERCIALIZATION GRANT OR LOAN – BOARD ACTION

 

AUTH: 90-3-1003, MCA

IMP: 90-3-1003, MCA

 

8.100.108 APPLICATION PROCEDURES FOR A RESEARCH AND COMMERCIALIZATION GRANT OR LOAN – FUNDING AGREEMENT

 

AUTH: 90-3-1003, MCA

IMP: 90-3-1003, MCA

 

8.100.109 RECONSIDERATION OF FUNDING DECISION – ALL RESEARCH AND COMMERCIALIZATION PROPOSALS

 

AUTH: 90-3-1003, MCA

IMP: 90-3-1003, MCA

 

8.100.110 FAILURE TO PRODUCE IN MONTANA – ALL RESEARCH AND COMMERCIALIZATION GRANTS AND LOANS

 

AUTH: 90-3-1003, MCA

IMP: 90-3-1003, MCA

 

8.100.111 RIGHTS TO INTELLECTUAL PROPERTY – ALL RESEARCH AND COMMERCIALIZATION GRANTS AND LOANS

 

AUTH: 90-3-1003, MCA

IMP: 90-3-1003, MCA

 

8.100.112 CONFIDENTIALITY OF INFORMATION AND OPEN MEETINGS

  

AUTH: 90-3-1003, MCA

IMP: 90-3-1003, MCA

 

            REASON: House Bill 52, sponsored by Representative Jim Keane and signed

by Governor Steve Bullock in the 66th Regular Session of the Montana Legislature, Chapter 343, Laws 2019, repealed the Montana Board of Research and Commercialization Technology 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., August 2, 2019.

 

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 Bonnie Martello at the above address no later than 5:00 p.m., August 2, 2019.

 

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 57 persons based on 576 potential contacts of the Montana Board of Research and Commercialization Technology.

           

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/ Garrett R. Norcott                                   /s/ Tara Rice                                                

Garrett R. Norcott                                        Tara Rice

Rule Reviewer                                             Director

                                                                     Department of Commerce

 

Certified to the Secretary of State June 25, 2019.