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�������������������������� BEFORE THE DEPARTMENT OF COMMERCE

�������������������������������������� OF THE STATE OF MONTANA

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In the matter of the proposed adoption of New Rule I pertaining to the submission and review of applications to the Treasure State Endowment Program (TSEP)

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

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TO:�All Concerned Persons

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��������� 1.�On December 12, 2007, at 1:30 p.m, the Department of Commerce will hold a public hearing in Room 228 of the Park Avenue Building, 301 South Park Avenue, at Helena, Montana, to consider the proposed adoption of the above-stated rule.

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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 no later than 5:00 p.m., November 28, 2007, to advise us of the nature of the accommodation that you need.�Please contact Lisa Huff, Community Development Division, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2770; TDD (406) 841-2702; fax (406) 841-2771; or e-mail [email protected].�

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3.�The proposed new rule provides as follows:

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NEW RULE I�INCORPORATION BY REFERENCE OF RULES GOVERNING THE SUBMISSION AND REVIEW OF APPLICATIONS FOR FUNDING UNDER THE TREASURE STATE ENDOWMENT PROGRAM�(1)�The Department of Commerce adopts and incorporates by reference the Montana Treasure State Endowment Program Application Guidelines dated 2008 published by it as rules governing the submission and review of applications under the TSEP program.

��������� (2)�The rules incorporated by reference in (1) relate to the following:

��������� (a) �eligible applicants and projects;

��������� (b)�types of grants available under TSEP;

��������� (c)�general requirements for applying for TSEP grants; and

��������� (d)�application ranking criteria and review process.

��������� (3)�Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523 or viewed on the department's web site at http://comdev.mt.gov/CDD_TSEP_Grants.asp.

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��������� AUTH:�90-6-710, MCA

��������� IMP:�90-6-710, MCA

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REASON: �It is reasonably necessary to adopt this rule because local government entities must have these application guidelines before the eligible entities may apply to the department for financial assistance.�The guidelines describe the types of projects that are eligible for TSEP grants and the types of grants available.�They also describe the review process by which the department evaluates applications and makes funding recommendations to the Legislature.

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4.�Concerned persons may submit their data, views, or arguments concerning the proposed action either orally or in writing at the hearing.�Written data, views, or arguments may also be submitted to the Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana, 59620-0523; fax (406) 841-2771; or e-mail [email protected], and must be received no later than 5:00 p.m., December 20, 2007.

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5.�Jim Edgcomb, Department of Commerce, has been designated to preside over and conduct this hearing.

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6.�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 shall 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 sent 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.

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7.�An electronic copy of this Notice of Proposed Adoption is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.�The Secretary of State strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.�In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

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8.�The bill sponsor notice requirements of 2-4-302, MCA, do not apply.

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/s/�G. MARTIN TUTTLE������������������ /s/�ANTHONY J. PREITE���������������

G. MARTIN TUTTLE������������������������ANTHONY J. PREITE

Rule Reviewer���������������������������������Director�������

������������������������������������������������������Department of Commerce

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Certified to the Secretary of State November 13, 2007.