BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                                 STATE OF MONTANA

 

In the matter of the adoption of New Rules I through VIII pertaining to the implementation of the Montana Employment Advancement Right Now Program Act

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NOTICE OF ADOPTION

 

            TO: All Concerned Persons

 

            1. On November 6, 2020, the Department of Labor and Industry published MAR Notice No. 24-22-368 pertaining to the public hearing on the proposed adoption of the above-stated rules at page 1969 of the 2020 Montana Administrative Register, Issue Number 21.

 

            2. The department held a public hearing in Helena on December 2, 2020, over the Zoom videoconference and telephonic platform. Two comments were received by the December 7, 2020, public comment deadline.

 

            3. The department has thoroughly considered the comments received. A summary of the comments and the department's responses are as follows:

 

COMMENT 1: A commenter spoke in favor of adoption of the new rules.

 

RESPONSE 1: The department acknowledges the comment.

 

COMMENT 2: A commenter suggested that the department should amend the rules to allow for grant awards greater than $5,000.  The commenter suggested that the department could use the limited solicitation procedure to allow for grant awards greater than $5,000, and up to $25,000 per grant application.

 

RESPONSE 2: The department acknowledges the comment, and adopts the suggested changes as described above.  A larger amount of grant funding per application will allow strategic industry partnerships to implement more effective programs to fulfill the purpose of the EARN Program.

 

            4. The department has adopted the following rules as proposed:  New Rules I (24.22.501); II (24.22.504); III (24.22.507); IV (24.22.510); VI (24.22.516); VII (24.22.519); and VIII (24.22.522).

 

            5. The department has adopted New Rule V (24.22.513) with the following changes, stricken matter interlined, new matter underlined:

 

NEW RULE V (24.22.513)  AWARD OF GRANTS AND PAYMENTS

(1) remains as proposed.

(2)  The maximum available for a lead applicant awarded a grant is $5,000.  The department may award a grant for less than the full amount requested.  The amount of a grant that is awarded is the maximum payable for the grant.

(a) The department may award grant funding up to $5,000 to a lead applicant without use of the limited solicitation procedure outlined in (b).

(b)  The department, in its sole discretion, may request grant applications in the form of limited solicitations pursuant to the Montana Procurement Act, Title 18, chapter 4, MCA, for grant applications requesting over $5,000 and not more than $25,000.

(3) through (5) remain as proposed.

 

/s/ QUINLAN L. O'CONNOR Quinlan L. O'Connor Alternate Rule Reviewer	/s/  BRENDA NORDLUND Brenda Nordlund, Acting Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State December 15, 2020.