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 September 30, 2019. This table includes notices in which those rules adopted during the period October 4, 2019, through March 13, 2020, 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 September 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 and 2020 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, 2217

2-13-592         Applicant Priority and Criteria for Awarding 9-1-1 Grants, p. 1759, 2095

2-13-593         Applicant Priority and Criteria for Awarding 9-1-1 Grants, p. 2075, 179

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, 2338

2-59-587         Semiannual Assessment for Banks, p. 1682, 2228

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

 

(Public Employees' Retirement Board)

2-43-591         Operation of the Retirement Systems and Plans Administered by the Montana Public Employees' Retirement Board - Allocation of Additional Employer Contributions on Behalf of Montana University System Employees in the Optional Retirement Program, p. 2274, 391

2-43-594         Investment Policy Statements for the Defined Contribution Retirement Plan and the 457(b) Deferred Compensation Plan, p. 347

 

(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, 2229

 

AGRICULTURE, Department of, Title 4

 

4-20-264         Student Loan Assistance Program, p. 123

 

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, 2339, 41

 

COMMERCE, Department of, Title 8

 

8-22-179         Board of Horse Racing, p. 227

8-22-181         Board of Horse Racing, p. 433

8-94-172         Deadline for the Second Cycle for the Community Development Block Grant (CDBG)–Planning Grants, p. 1705, 2096

8-94-175         Administration of the Montana Historic Preservation Grant (MHPG) Program, p. 1926, 2340

8-94-176         Administration of the 2021 and 2023 Biennia Treasure State Endowment Program, p. 2182, 42

8-94-177         Treasure State Endowment Program (TSEP), p. 2283, 313

8-94-178         Procedural Rules of the Coal Board, p. 127

8-94-180         Governing the Submission and Review of Applications for Funding Under the Treasure State Endowment Program (TSEP), p. 350

8-94-182         Administration of the CDBG Program, p. 436

8-111-173       Housing Credit Allocation Procedure, p. 1762, 2239

8-119-174       Montana Economic Development Industry Advancement Act (MEDIA), p. 1929, 393

 

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

 

(Board of Public Education)

10-54-289       Deadlines for Applications and Annual Reports, p. 1716, 2097

10-54-290       Deadlines for Applications and Annual Reports, p. 2079, 183

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

 

FISH, WILDLIFE AND PARKS, Department of, Title 12

 

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

12-523             Pilot Program for Aquatic Invasive Species in the Flathead Basin, p. 2286, 314

12-524             Removing Canyon Ferry Reservoir From the List of Identified Bodies of Water Confirmed or Suspected for Aquatic Invasive Mussels, p. 2288, 317

12-525             Public Access Land Agreements, p. 129

12-526             Personal Flotation Devices, p. 133

12-527             Replacement Licenses, p. 352

 

(Fish and Wildlife Commission)

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

 

GOVERNOR, Office of, Title 14

 

14-7                 Energy Supply Emergency Rules, p. 136

 

ENVIRONMENTAL QUALITY, Department of, Title 17

 

17-406             Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) Waste, p. 1239, 159

17-407             Junk Vehicles, p. 1439, 2098

17-408             Nutrient Standards Variances, p. 1443, 2100

17-409             Wind Generation Facility and Solar Facility Decommissioning and Bonding, p. 231

17-410             Incorporation by Reference - Definitions - Asbestos Project Permits - Training Provider Requirements - Fees - Refunds, p. 354

 

(Board of Environmental Review)

17-405             Subdivision and Public Water and Wastewater Review Fees - Certification Under 76-4-127, MCA, p. 1228, 319

 

TRANSPORTATION, Department of, Title 18

 

18-176             Motor Carrier Services Maximum Allowable Weight - Wintertime and Durational Permits, p. 1002, 1632, 2348

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

18-179             Aeronautics Division Aircraft Registration, p. 2184, 184

 

CORRECTIONS, Department of, Title 20

 

20-4-65           Rental Vouchers for Re-Entering Offenders, p. 2290

 

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, 2349

24-29-347       Certification of Workers' Compensation Claims Examiners, p. 1550, 2119

24-29-348       Drug Formulary in the Utilization and Treatment Guidelines for Workers' Compensation and Occupational Disease, p. 1719, 1953, 2363

24-29-352       Description of a Prosthesis for the Purpose of Reopening Medical Benefits in Workers' Compensation Claims, p. 2295

24-35-349       Registration of Home Inspectors, p. 1721, 2121

24-181-7         Private Alternative Adolescent Residential or Outdoor Programs Obsolete Rules, p. 2192, 44

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, 2242

 

(Board of Personnel Appeals)

24-26-351       New Unit Determinations - Elections, p. 1948, 2352

 

(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, 2364

 

(Board of Architects and Landscape Architects)

24-114-38       Licensure of Applicants Registered in Another State - Landscape Architect Licensure by Endorsement, p. 167

 

(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, 2366

24-138-77       Dental Hygienist Committee - Definitions - Functions for Dental Auxiliaries - Initial Licensure of Dentists by Examination - Initial Licensure of Dental Hygienists by Examination - Unprofessional Conduct for Denturists - Denturist Scope of Practice–Dentures Over Implants, p. 1

 

(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 Massage Therapy)

24-155-8         Licensure of Out-of-State Applicants - Unprofessional Conduct - Records - Standards of Practice, p. 9, 247

 

(Board of Medical Examiners)

24-156-86       Application for Licensure - Chart Review - Definitions - ECP Licensure Qualifications - ECP License Application - Continuing Education and Refresher Requirements - ECP Training Courses - Medical Direction - Levels of ECP Licensure Including Endorsements - ECP Scope of Practice - CIHC Endorsement, p. 18

 

(Board of Nursing)

24-159-88       Use of Clinical Resource Licensed Practical Nurses, p. 1270, 2370

 

(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 Optometry)

24-168-44       General Practice Requirements - Continuing Education Requirements–Audit - Approved Continuing Education - Unprofessional Conduct - Board Meetings, p. 256

 

(Board of Outfitters)

24-171-40       Outfitter Records - Safety and First Aid Provisions - Operations Plans and Amendments - Unprofessional Conduct and Misconduct, p. 28, 262

 

(Board of Pharmacy)

24-174-72       Administration of Vaccines by Pharmacists - Prescription Drug Registry Fee, p. 1731, 2240

24-174-73       Positive Identification for Controlled Substance Prescriptions, p. 1954, 43

 

 

(Board of Physical Therapy Examiners)

24-177-35       Fees - Temporary Permit - Continuing Education, p. 267

 

(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, 45

 

(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

24-201-53       Accounting and Auditing Experience Requirements - Granting of Examination Credit - Records - Basic Continuing Education Requirement - Credit for Service as Lecturer, Instructor, Technical Reviewer, Speaker, or Report Reviewer, p. 273

 

(Board of Respiratory Care Practitioners)

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, 2241

 

(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, 2371

24-219-35       Application and Licensing Rules for Licensed Clinical Social Workers (LCSW), Licensed Baccalaureate Social Workers (LBSW), Licensed Master's Social Workers (LMSW), Licensed Clinical Professional Counselors (LCPC), Licensed Marriage and Family Therapists (LMFT), Licensed Addiction Counselors (LAC), and Certified Behavioral Health Peer Support Specialists (CBHPSS), p. 278

 

(Board of Veterinary Medicine)

24-225-41       Definitions - Patient Medical Records and Recordkeeping - Unprofessional Conduct - Continuing Education - Certified Euthanasia Technicians–License Requirements - Board-Approved Training Program Criteria - Certified Euthanasia Technician Examinations–Written and Practical - Application for Certified Euthanasia Agencies - Inspections–Initial and Annual - Continuing Education– Certified Euthanasia Technicians - Certified Euthanasia Agency Operation Standards - Change of Attorney-in-Fact - Closure of a Certified Euthanasia Agency or Loss of DEA Permit - Termination of Certified Euthanasia Technician Employment and Retirement of Certificate, p. 440

 

LIVESTOCK, Department of, Title 32

 

32-18-292       Diagnostic Laboratory Fees, p. 1573, 2123

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, 2380

32-19-299       Requirements for Importation - Importation of Diseased Animals - Official Health Certificate Documents for Importation - Permits - Special Requirements for Goats, p. 1597, 2125

32-19-301       Model Procedural Rules, p. 2082, 328

32-19-302       Federal-State Poultry Grading Service–Shell Eggs, p. 305

32-19-303       Definitions - Applications to Be in Writing - Inspection of Plans and Facilities Prior to Issuance of License - Food Safety and Inspection Service (Meat, Poultry), p. 2298, 329

32-19-304       Importation of Restricted or Prohibited Alternative Livestock - Import Requirements for Cervids, p. 2307

32-19-306       Definitions and Adoption of Grade A Pasteurized Milk Ordinance and Associated Documents, p. 307

 

(Board of Milk Control)

32-19-305       Milk Control Assessments, p. 2311, 330

 

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, 46

 

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

 

37-847             Wholesale Foods and Food Standards, p. 598, 2126

37-873             Healthy Learning Environments in Montana Public Schools, p. 795, 1016, 47

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

37-887             Communicable Disease Control, p. 1299, 1745

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, 2382

37-896             Vital Records, p. 1607, 2057

37-897             Low Income Energy Assistance Program (LIEAP), p. 1964, 2383

37-898             Assisted Living and Nursing Facility Reimbursement, p. 1735, 1835, 2252

37-899             Updating Medicaid Fee Schedules With Medicare Rates - Procedure Codes - Updating Effective Dates, p. 1973, 2314, 91

37-900             Hospice Rate Increase, p. 2200, 93

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

37-903             Big Sky Rx Premium Change, p. 2204, 94

37-904             Child Care, p. 32

37-905             Member Copayment, p. 2084, 95

37-906             Update of the Healthcare Effectiveness Data and Information Set (HEDIS), p. 2315, 331

37-907             Montana Medical Marijuana Program, p. 170

37-910             Increase in Rates and Billing Practices, p. 310

37-911             Updates for Targeted Case Management - Outpatient Therapy - Reference Revisions, p. 372

 

PUBLIC SERVICE REGULATION, Department of, Title 38

 

38-5-244         Pipeline Safety, p. 2089, 332

 

REVENUE, Department of, Title 42

 

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, 2384

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, 2141

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

42-1005          Access Control Systems (ACS), p. 1622, 2257

42-1006          Statutory Deadlines for Request for Informal Classification and Appraisal Reviews, p. 2092, 96

42-1007          Trended Depreciation Schedules for Valuing Personal Property, p. 1838, 2320, 97

42-1008          Beer Wholesaler and Table Wine Distributor Limited Delivery Exceptions, p. 1855, 101

42-1009          Competitive Bidding Processes for Retail All-Alcoholic Beverage Licenses, p. 1994, 2385

42-1010          Property Tax Assistance Program (PTAP) - Montana Disabled Veteran (MDV) Property Tax Assistance Program, p. 2000, 2387

42-1011          Specialty and Unique Crops - Additional Requirements for Agricultural Land Classification, p. 2006, 107

42-1012          Agricultural Land Valuation, p. 2207, 188

42-1013          Mobile Home Exemption Ownership Determination, p. 2214, 189

42-1014          Resort Areas, Determinations, and Licenses, p. 2322

42-1015          Net Operating Loss Carryback and Water's-Edge Rules Revisions, p. 2328, 395

42-1016          Limited All-Beverages Licenses for Continuing Care Retirement Communities, p. 2333, 497

42-1017          Approval of a Licensee Without Premises - Concession Agreements, p. 462

42-1018          Tax Incentive for New or Expanding Industry, p. 388

42-1019          Montana Economic Development Industry Advancement Act (MEDIAA), p. 473

 

SECRETARY OF STATE, Office of, Title 44

 

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

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