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 March 29, 2019, through September 6, 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, 987

2-13-585         Public Safety Answering Point (PSAP) Certification and Funding, p. 558, 903, 1368

2-21-584         Voluntary Employees' Beneficiary Association (VEBA), p. 1195

 

(Public Employees' Retirement Board)

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

 

AGRICULTURE, Department of, Title 4

 

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, 1369

4-19-259         Certified Natural Beef Cattle Marketing Program, p. 702, 1047

4-19-260         Apiary Fees, p. 782, 1166

4-19-261         Pesticide Registrations - Worker Protection Standards - Containers and Disposal Program, p. 905, 1523

4-19-262         Commodity Dealer Licenses, p. 1104

4-19-263         Pesticide Records and Registrations - Use of 1080 Livestock Protection Collars - M-44 Cyanide Capsules and Devices, p. 1109

 

STATE AUDITOR, Office of, Title 6

 

(Commissioner of Securities and Insurance)

6-256               Annual Audited Reports - Establishing Accounting Practices and Procedures to Be Used in Annual Statements - Internal Audit Function Requirements, p. 1216

6-258               Notice of Protection Provided by the Montana Life and Health Insurance Guaranty Association, p. 1224

 

COMMERCE, Department of, Title 8

 

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, 955

8-94-171         Administration of the 2021 Biennium Federal Community Development Block Grant (CDBG) Program–Planning Grants, p. 1120

8-99-167         Certified Regional Development Corporation Program, p. 785, 1168

8-99-168         Implementation of the Big Sky Economic Development Trust Program, p. 788, 1169

8-100-169       Montana Board of Research and Commercialization Technology, p. 915, 1370

8-111-170       Administration of the Coal Trust Multifamily Homes (CTMH) Program, p. 992

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

 

EDUCATION, Title 10

 

(Office of Public Instruction)

10-16-132       Special Education, p. 165, 790, 1371

 

(Board of Public Education)

10-54-288       Deadlines for Transformational Learning Aid, p. 793, 1048

10-55-286       Hazard and Emergency Plans, p. 564, 1049

10-55-289       Accreditation Process, p. 997

10-56-285       Student Assessment, p. 567, 1050

10-57-287       Educator Licensure, p. 573, 1051

 

FISH, WILDLIFE AND PARKS, Department of, Title 12

 

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, 963

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)

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

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

12-515             Two-Way Electronic Communication While Hunting, p. 919

12-516             Tagging Carcasses of Game Animals, p. 921

12-517             Animal Kill Site Verification, p. 923

12-521             List of Water Bodies With Specific Regulations Found in Administrative Rule, p. 925, 1379

 

GOVERNOR, Office of, Title 14

 

14-6                 Energy Supply Emergency Rules, p. 1122

 

ENVIRONMENTAL QUALITY, Department of, Title 17

 

17-406             Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) Waste, p. 1239

17-407             Junk Vehicles, p. 1439

17-408             Nutrient Variances, p. 1443

 

(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

17-405             Subdivision and Public Water and Wastewater Review Fees - Certification Under 76-4-127, MCA, p. 1228

 

TRANSPORTATION, Department of, Title 18

 

18-173             Motor Carrier Services Safety Requirements, p. 314, 543

18-174             Motor Fuels Tax Electronic Refunds, p. 927, 1380

18-176             Motor Carrier Services Maximum Allowable Weight - Wintertime and Durational Permits, p. 1002

18-177             Electronic Utility Permitting for Right-Of-Way Occupancy, p. 1145

 

(Board of Aeronautics)

18-175             Loan and Grant Program - Pavement Preservation Grants, p. 930, 1525

 

JUSTICE, Department of, Title 23

 

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

23-16-258       Antique Gambling Devices - Gambling Operator License Applications and Processing - Escrowed Funds - Illegal Devices - VGM Permit Eligibility - Sports Pool Games and Sports Tabs - Shake-A-Day Games - VGM Specifications and Restrictions, p. 1448

 

LABOR AND INDUSTRY, Department of, Title 24

 

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

 

24-21-346       Registered Apprenticeship, p. 579, 934, 1381

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

24-301-347     Definitions - Incorporation by Reference of International Building Code - Calculation of Fees - Modifications to the International Building Code Applicable to the Department's Code Enforcement Program and to Local Government Code Enforcement Programs - Incorporation by Reference of International Residential Code - Incorporation by Reference of International Existing Building Code - Incorporation by Reference of International Mechanical Code - Incorporation by Reference of International Fuel Gas Code - Incorporation by Reference of International Swimming Pool and Spa Code - Incorporation by Reference of International Wildland-Urban Interface Code - Extent of Local Programs - Funding of Code Enforcement Program - Incorporation by Reference of Independent Accountant's Reporting Format for Applying Agreed-Upon Procedures During Audits of Certified City, County, or Town Building Code Enforcement Programs - Incorporation by Reference of Uniform Plumbing Code - Minimum Required Plumbing Fixtures - Incorporation by Reference of National Electrical Code - Enforcement, Generally - Site Accessibility, p. 1273

 

(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, 1052

 

(Board of Athletic Trainers)

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

 

(Board of Dentistry)

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

24-138-76       Definitions - Fees - Mandatory Certification - Dental Auxiliary Functions - Dental Hygienist Limited Prescriptive Authority - Dentist License by Examination - Dental Hygienists License by Examination - Dentist License by Credentials - Dental Hygienist by Credentials - Dentist Specialist by Credentials - Dental Hygiene Local Anesthetic Certification - Dental Hygiene Limited Access Permit - Denturist License Requirements - Denturist Internship - Converting Inactive to Active Status - Reactivation of Expired License - Reporting Procedures - Dentist and Dental Hygienist Unprofessional Conduct - Denturist Unprofessional Conduct - Anesthesia Standards and Continuing Education - Approved Clinical Exam Criteria for Dentists and Dental Hygienists - Denturist Scope of Practice–Dentures Over Implants - Denturist Examination, p. 1461

 

(Board of Hearing Aid Dispensers)

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, 1055

24-159-88       Use of Clinical Resource Licensed Practical Nurses, p. 1270

 

(Board of Occupational Therapy Practice)

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 Pharmacy)

24-174-71       Fee Schedule - Military Training or Experience - Collaborative Practice Agreement Requirements - Internship Requirements - Preceptor Requirements - Required Forms and Reports - Registration Requirements - Use of Pharmacy Technician - Ratio of Pharmacy Technicians to Supervising Pharmacists - Transfer of Prescriptions - Registered Pharmacist Continuing Education–Requirements - Qualifications of Pharmacy Technician - Pharmacies–Annual Renewal - Pharmacy Technician–Renewal - Renewals - Registered Pharmacist Continuing Education–Noncompliance, p. 935

 

(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 Public Accountants)

24-201-52       Alternatives and Exemptions - Verification - Exercise of Practice Privilege in Other Jurisdictions - Enforcement Against License Holders and Practice Privilege Holders, p. 1151

 

(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, 1382

 

(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, 1056

 

(Board of Respiratory Care Practitioners)

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

24-213-22       Continuing Education Requirements - Acceptable Continuing Education - Waiver of Continuing Education Requirement - Traditional Education by Nonsponsored Organizations - Teaching - Papers, Publications, Journals, Exhibits, Videos, Independent Study, and College Course Work, p. 1007

 

(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

 

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, 947

 

NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

 

36-22-204       Water Rights - Water Reservations, p. 1295

 

(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

37-865             Updating Requirements to Limit Opioid Supply for Members Without Cancer Diagnosis, p. 1012

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

37-873             Healthy Learning Environments in Montana Public Schools, p. 795, 1016

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

37-877             Rural Health Clinics and Federally Qualified Health Centers, p. 1017

37-878             Medicaid Rates, Services, and Benefit Changes, p. 618, 964, 1061

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

37-880             Montana Trauma System Plan 2019, p. 822, 1170

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

37-882             Nursing Facility Reimbursement, p. 631, 973

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

37-885             Youth Care Facilities, p. 1034, 1526

37-886             Migrating Billing to Medicaid Management Information System (MMIS), p. 723, 1171

37-887             Communicable Disease Control, p. 1299

37-888             Medicaid Rates, Services, and Benefit Changes, p. 1156

37-889             Medical Marijuana Testing Laboratories, p. 1480

37-890             Private Alternative Adolescent Residential Programs or Outdoor Programs (PAARP), p. 1309

37-895             Medical Marijuana Program, p. 1364

 

REVENUE, Department of, Title 42

 

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

42-1000          Industry Trade Shows - Catering Endorsements - Catered Events, p. 727, 1173

42-1002          Implementing Legislative Changes to Table Wine, Hard Cider, and Sacramental Wine Tax Reporting Requirements and Microdistillery Production Changes - Updating Labeling and Packaging Requirements, p. 1497

42-1003          Implementation of a Point-Based Penalty System - Revising Procedures Relating to Revocation, Lapse, or Suspension of Alcoholic Beverage Licenses, p. 1505

 

SECRETARY OF STATE, Office of, Title 44

 

44-2-232         Notaries Public, p. 948, 1530

44-2-233         Filing UCC Documents, p. 1040, 1532

44-2-234         Performance Standards for Devices That Provide Accessible Voting Technology for Electors With Hearing, Vision, Speech, or Ambulatory Impairments, p. 1045, 1517

44-2-236         Records and Information Management Fees, p. 1519

 

(Commissioner of Political Practices)

44-2-235         Contribution Limits, p. 1163