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 March 31, 2019. This table includes notices in which those rules adopted during the period January 11, 2019, through June 21, 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 March 31, 2019, 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 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

 

2-4-581           Accounting and Financial Reporting Standards - Report Filing Fees - Filing Penalties - Waivers and Extensions of Penalties - Audit and Audit Reporting Standards - Roster of Independent Auditors - Resolution and Corrections of Audit Findings - Financial Reviews - Incorporation by Reference of Various Standards, Accounting Policies, and Federal Laws and Regulations - Audit Contracts, p. 761

2-13-585         of Proposed Amendment - Public Safety Answering Point (PSAP) Certification and Funding, p. 558

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, 736

 

(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

 

4-18-252         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, 532

4-19-256         Financial Responsibility, p. 264, 537

4-19-257         State Noxious Weed List, p. 413, 825

4-19-258         Hemp Processing and Associated Fees, p. 698

4-19-259         Certified Natural Beef Cattle Marketing Program, p. 702

4-19-260         Apiary Fees, p. 782

 

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

 

8-94-163         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, 737

8-94-166         Administration of the Delivering Local Assistance (DLA) Program, p. 562

8-99-167         Certified Regional Development Corporation Program, p. 785

8-99-168         Implementation of the Big Sky Economic Development Trust Program, p. 788

8-119-164       Tourism Advisory Council, p. 417, 739

 

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, 790

 

(Board of Public Education)

10-54-288       Deadlines for Transformational Learning Aid, p. 793

10-55-286       Hazard and Emergency Plans, p. 564

10-56-285       Student Assessment, p. 567

10-57-287       Educator Licensure, p. 573

 

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

12-514             Pilot Program for Aquatic Invasive Species in the Flathead Basin, p. 577

12-518             Closing Cooney State Park in Carbon County, p. 743

12-519             Closing the Medicine River Fishing Access Site in Cascade County, p. 745

12-520             Closing the Fort Shaw Fishing Access Site in Cascade County, p. 747

 

(Fish and Wildlife Commission)

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

12-507             No Wake Zones on Canyon Ferry Reservoir, p. 2163, 273, 538

12-508             Recreational Use on the Bitterroot River, p. 193, 740

 

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)

17-402             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, 826

17-404             Definitions - Department Circulars DEQ-1, DEQ-2, and DEQ-3 - Setbacks Between Water Wells and Sewage Lagoons, p. 2455, 836

 

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, 543

 

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

 

LABOR AND INDUSTRY, Department of, Title 24

 

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

 

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

24-21-346       Registered Apprenticeship, p. 579

24-29-343       Medical Utilization and Treatment Guidelines for Workers' Compensation Purposes, p. 317, 846

24-29-345       Medical Fee Schedules for Workers' Compensation Purposes, p. 390, 848

24-30-344       Occupational Safety and Health Rules for Public Sector Employees, p. 320, 849

24-117-33       Licensure and Regulation of Professional Boxing, p. 324, 544

 

(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

24-150-41       Fees - Record Retention - Fee Abatement - Traineeship Requirements and Standards - Minimum Testing - Transactional Document Requirements–Form and Content - Continuing Education Requirements - Unprofessional Conduct - Standards for Approval, p. 582

 

(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 Nursing)

24-159-87       Definitions - Nonroutine Applications - Educational Facilities for Programs - Program Annual Report - Program Faculty - Curriculum Goals and General Requirements for Programs - Renewals - Alternative Monitoring Track - Biennial Continuing Education Requirements - Auditing of Contact Hours, p. 706

 

(Board of Occupational Therapy Practice)

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

24-165-24       Definitions - Fees - Military Training or Experience - Examinations - Supervision - Deep Modality Endorsement - Recognized Education Programs - Standards of Practice - Approved Modality Instruction - Approved Training - Endorsement to Apply Topical Medications - Use of Topical Medications - Protocols for Use of Topical Medications - Debriding Agents Protocols - Anesthetic Agents Protocols - Nonsteroidal Anti-Inflammatory Agents Protocols - Antispasmodic Agents Protocols - Adrenocortico-Steroid Agent Protocols - Protocol for Use of an Approved Medication as a Neuropathic Pain Agent - Temporary Practice Permit - Inactive Status - Continuing Education - Continuing Education–Exemption - Unprofessional Conduct - Bactericidal Agents Protocols - Applications for Licensure - Pass-Fail Criteria - Supervision–Methods - Documentation of Instruction and Training - Approval to Use Sound and Electrical Physical Agent Modalities Endorsement - Documenting Education and Competence to Perform Sound and Electrical Physical Agent Modalities–Out-of-State Practitioners, p. 509

 

(Board of Outfitters)

24-171-39       Fees - Outfitter Records - Safety and First Aid Provisions - Insurance for Outfitters - Guide License, p. 280, 850

 

(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, 635

 

(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, 636

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

 

(Board of Realty Regulation)

24-210-45       Fee Schedule - Applications for Examination and License in General–Broker and Salesperson - New Licensee Mandatory Continuing Education–Salespersons - Continuing Real Estate Education - Continuing Property Management Education - Waiver of Experience Requirement for Broker Licensing Prohibited - Board Approval of Courses, Providers, and Instructors, p. 588

 

(Board of Respiratory Care Practitioners)

24-213-21       Abatement of Renewal Fees - Continuing Education Requirements, p.       106, 749

 

(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

 

LIVESTOCK, Department of, Title 32

 

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

32-19-297       Subject Diseases or Conditions - Importation of Restricted or Prohibited Alternative Livestock, p. 714

 

NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

 

(Board of Water Well Contractors)

36-22-194       Location of Wells, p. 2494, 111, 851

 

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

 

37-847             Wholesale Foods and Food Standards, p. 598

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

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

37-868             Hospice Reimbursement, p. 2297, 61

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

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

37-873             Healthy Learning Environments in Montana Public Schools, p. 795

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

37-878             Medicaid Rates, Services, and Benefit Changes, p. 618

37-879             Low Income Weatherization Assistance Program (LIWAP), p. 331, 545

37-880             Montana Trauma System Plan 2019, p. 822

37-881             Healthy Montana Kids (HMK) Dental Benefits, p. 335, 546

37-882             Nursing Facility Reimbursement, p. 631

37-883             Updating the Federal Poverty Index Guidelines for the Montana Telecommunications Access Program (MTAP), p. 529, 853

37-886             Migrating Billing to Medicaid Management Information System (MMIS), p. 723

 

PUBLIC SERVICE REGULATION, Department of, Title 38

 

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

 

REVENUE, Department of, Title 42

 

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

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

42-1000          Industry Trade Shows - Catering Endorsements - Catered Events, p. 727

 

SECRETARY OF STATE, Office of, Title 44

 

(Commissioner of Political Practices)

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