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 June 30, 2019. This table includes notices in which those rules adopted during the period May 24, 2019, through November 8, 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 June 30, 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

2-13-592         Applicant Priority and Criteria for Awarding 9-1-1 Grants, p. 1759

2-21-584         Voluntary Employees' Beneficiary Association (VEBA), p. 1195, 2011

2-59-586         Government Sponsored Enterprises - Designated Manager Supervisory Requirements - False, Deceptive, or Misleading Advertising - Internet or Electronic Advertising, p. 1917

2-59-587         Semiannual Assessment for Banks, p. 1682

2-59-590         Renewal Fees for Mortgage Brokers, Lenders, Servicers, and Originators, p. 1545, 2017

 

(Public Employees' Retirement Board)

2-43-583         Investment Policy Statements for the Defined Contribution Retirement Plan and the 457(b) Deferred Compensation Plan, p. 410, 736

 

(State Lottery and Sports Wagering Commission)

2-63-580         Sports Wagering Accounts - Self-Exclusion - Responsible Gaming - Age Verification - General Provisions - Place of Sale - Licensing - Fees - Electronic Fund Transfers - Accounting - Retailer Commission - Notices - Investigative Cooperation - Prizes - Redemptions to Implement Sports Wagering - Forms of Payment, p. 1685

 

AGRICULTURE, Department of, Title 4

 

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, 1629

 

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, 1740

6-258               Notice of Protection Provided by the Montana Life and Health Insurance Guaranty Association, p. 1224, 1741

 

(Classification Review Committee)

6-260               Establishment, Deletion, or Revision of Classifications for Various Industries for Supplementing the NCCI Basic Manual for Workers' Compensation and Employers Liability, p. 1548

 

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, 1630

8-94-172         Deadline for the Second Cycle for the Community Development Block Grant (CDBG)–Planning Grants, p. 1705

8-94-175         Administration of the Montana Historic Preservation Grant (MHPG) Program, p. 1926

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, 1631

8-111-173       Housing Credit Allocation Procedure, p. 1762

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

8-119-174       Montana Economic Development Industry Advancement Act (MEDIA), p. 1929

 

EDUCATION, Title 10

 

(Office of Public Instruction)

10-1-133         Soliciting Applications for Membership on a Negotiated Rulemaking Committee to Develop and Amend Rules Related to K-12 Content Standards for Computer Science, Library Media, and Technology, p. 1707

10-1-134         Soliciting Applications for Membership on a Negotiated Rulemaking Committee to Develop and Amend Rules Related to K-12 Content Standards for Career and Vocational/Technical Education, p. 1710

10-1-135         Soliciting Applications for Membership on a Negotiated Rulemaking Committee to Develop and Amend Rules Related to K-12 Content Standards for Social Studies, p. 1713

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

 

(Board of Public Education)

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

10-54-289       Deadlines for Applications and Annual Reports, p. 1716

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

10-55-289       Accreditation Process, p. 997, 1742

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

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

 

FISH, WILDLIFE AND PARKS, Department of, Title 12

 

12-514             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

12-522             Closing Pictograph Cave State Park in Yellowstone County, p. 1858

 

(Fish and Wildlife Commission)

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

12-515             Two-Way Electronic Communication While Hunting, p. 919, 2018

12-516             Tagging Carcasses of Game Animals, p. 921, 2019

12-517             Animal Kill Site Verification, p. 923, 2020

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)

17-403             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

 

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

18-176             Motor Carrier Services Maximum Allowable Weight - Wintertime and Durational Permits, p. 1002, 1632

18-177             Electronic Utility Permitting for Right-Of-Way Occupancy, p. 1145, 2021

 

(Board of Aeronautics)

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

 

JUSTICE, Department of, Title 23

 

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, 1860

 

(POST Council)

23-13-257       Certification of Public Safety Officers, p. 1940

 

LABOR AND INDUSTRY, Department of, Title 24

 

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

 

24-17-350       Prevailing Wage Rates for Public Works Projects, p. 1766

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

24-29-347       Certification of Workers' Compensation Claims Examiners, p. 1550

24-29-348       Drug Formulary in the Utilization and Treatment Guidelines for Workers' Compensation and Occupational Disease, p. 1719, 1953

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

24-35-349       Registration of Home Inspectors, p. 1721

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 Personnel Appeals)

24-26-351       New Unit Determinations - Elections, p. 1948

 

(Board of Alternative Health Care)

24-111-27       Definitions - Certification for Specialty Practice of Naturopathic Childbirth Attendance - Licensure of Out-of-State Applicants - Midwives Continuing Education Requirements - Minimum Education and Experience Requirements for Midwife and Midwife Apprentice Applicants After January 1, 2020 - Direct-Entry Midwife Apprenticeship Requirements for Midwife Apprentice Applicants After January 1, 2020 - Renewals, p. 1560

 

(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 Dentistry)

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 Funeral Service)

24-147-40       Definitions - Fee Schedule - Name Change, Closure, Transfer, or Change of Ownership–Mortuary, Branch Establishment, Crematory, or Cemetery - Mortician Licenses - Crematory Records - Cremation Authorizations - Integrity of Identification of Human Remains - Cremation Procedures - Crematory Prohibitions - Requirements for Sale of At-Need, Preneed, and Prepaid Funeral Arrangements - Continuing Education Requirements–Morticians - Unprofessional Conduct - Preneed Arrangements–Notification of Closure or Change of Ownership–Mortuary, Branch Establishment, or Crematory, p. 1769

 

(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, 1862

 

(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, 1743

 

(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, 1633

24-174-72       Administration of Vaccines by Pharmacists - Prescription Drug Registry Fee, p. 1731

24-174-73       Positive Identification for Controlled Substance Prescriptions, p. 1954

 

(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 Psychologists)

24-189-40       Definitions - Required Supervised Experience - Continuing Education Implementation - Requirements for Licensees Providing Telehealth Services - Licensees From Other States or Canadian Jurisdictions, p. 1567

 

(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, 1863

 

(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)

24-219-34       Application and Licensing Rules for Licensed Clinical Social Workers (LCSW), Licensed Clinical Professional Counselors (LCPC), Licensed Marriage and Family Therapists (LMFT), Licensed Addiction Counselors (LAC), and Certified Behavioral Health Peer Support Specialists (CBHPSS), p. 1787

 

LIVESTOCK, Department of, Title 32

 

32-18-292       Diagnostic Laboratory Fees, p. 1573

32-19-297       Subject Diseases or Conditions - Importation of Restricted or Prohibited Alternative Livestock, p. 714, 947, 1864

32-19-298       Identification - Definitions - Identification of Alternative Livestock - Waivers to Identification - Inspection of Alternative Livestock - Change of Ownership Testing Requirements for Alternative Livestock - Requirements for Alternative Livestock Gametes (Ova and Semen) and Embryos - Importation of Alternative Livestock - Quarantine Facility - Requirements for Mandatory Surveillance of Montana Alternative Livestock Farm Cervidae for Chronic Wasting Disease - Alternative Livestock Monitored Herd Status for Chronic Wasting Disease - Import Requirements for Cervids - Management of Alternative Livestock Cervid Herds Identified as CWD Trace Herds - Management of CWD Positive Alternative Livestock Cervid Herds - Management of Alternative Livestock Cervid Herds With at Least One Animal Diagnosed With CWD and With Low Probability of CWD Transmission, p. 1584

32-19-299       Requirements for Importation - Importation of Diseased Animals - Official Health Certificate Documents for Importation - Permits - Special Requirements for Goats, p. 1597

 

NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

 

36-22-204       Water Rights - Water Reservations, p. 1295, 1865

 

(Board of Oil and Gas Conservation)

36-22-201       Privilege and License Tax, p. 1601

 

(Board of Water Well Contractors)

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

 

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

 

37-830             Foster Care Licensing Requirements, p. 1636

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

37-865             Updating Requirements to Limit Opioid Supply for Members Without Cancer Diagnosis, p. 1012, 1637

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

37-877             Rural Health Clinics and Federally Qualified Health Centers, p. 1017, 1603, 1866

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

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

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, 1745

37-888             Medicaid Rates, Services, and Benefit Changes, p. 1156, 1640

37-889             Medical Marijuana Testing Laboratories, p. 1480, 1868

37-890             Private Alternative Adolescent Residential Programs or Outdoor Programs (PAARP), p. 1309, 1606, 2029

37-893             Inpatient and Outpatient Hospital Reimbursement Adjustors, p. 1957

37-895             Medical Marijuana Program, p. 1364

37-896             Vital Records, p. 1607, 2057

37-897             Low Income Energy Assistance Program (LIEAP), p. 1964

37-898             Assisted Living and Nursing Facility Reimbursement, p. 1735, 1835

37-899             Updating Medicaid Fee Schedules With Medicare Rates - Procedure Codes - Updating Effective Dates, p. 1973

37-901             Prohibiting the Sale of Flavored Vapor Products to Reduce Youth Risk of Vaping-Associated Lung Injury or Death, p. 1879

 

PUBLIC SERVICE REGULATION, Department of, Title 38

 

38-2-243         Discovery and Pre-Filed Testimony Procedures, p. 1612

 

REVENUE, Department of, Title 42

 

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

42-1001          New Form MW-4–Montana Employee's Withholding Allowance and Exemption Certificate - Wage Withholding Exemptions - Tax Treatment of Interest on Certain Government Obligations, p. 1978

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, 2058

42-1003          Implementation of a Point-Based Penalty System - Revising Procedures Relating to Revocation, Lapse, or Suspension of Alcoholic Beverage Licenses, p. 1505, 1837

42-1004          Livestock Reporting Per Capita Fee Payment and Refund Process, p. 1619, 2059

42-1005          Access Control Systems (ACS), p. 1622

42-1007          Trended Depreciation Schedules for Valuing Personal Property, p. 1838

42-1008          Beer Wholesaler and Table Wine Distributor Limited Delivery Exceptions, p. 1855

42-1009          Competitive Bidding Processes for Retail All-Alcoholic Beverage Licenses, p. 1994

42-1010          Property Tax Assistance Program (PTAP) - Montana Disabled Veteran (MDV) Property Tax Assistance Program, p. 2000

42-1011          Specialty and Unique Crops - Additional Requirements for Agricultural Land Classification, p. 2006

 

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, 1884

44-2-236         Records and Information Management Fees, p. 1519, 1646

44-2-237         Scheduled Dates for the 2020 Montana Administrative Register, p. 1626, 2060

 

(Commissioner of Political Practices)

44-2-235         Contribution Limits, p. 1163, 1645