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, 2022. This table includes notices in which those rules adopted during the period June 24, 2022, through December 9, 2022, 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, 2022, 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 2022 Montana Administrative Register.
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
2-2-624 Public Meetings, p. 640, 1312
2-5-628 Department Responsibilities – Delegation of Purchasing Authority – Small Purchases or Limited Solicitations of Supplies and Services – Sole Source Procurement – Exigency Procurements – Minimum Refund – Exceptions to Minimum Refund Rule, p. 1344, 1789
2-59-626 Renewal Fees of Mortgage Brokers, Lenders, Servicers, and Mortgage Loan Originators, p. 944, 1690
2-59-627 Semiannual Assessments - Supervisory Fess for Banks and Credit Unions, p. 856, 1656
2-59-630 Activities Requiring a License, p. 1352, 1790
2-59-632 Banking Definitions, p. 1355, 1791
(Public Employees' Retirement Board)
2-43-631 Actuarial Rates and Assumptions, p. 1349, 1689
(State Lottery and Sports Wagering Commission)
2-63-625 Procedural Rules, p. 1357, 1792
AGRICULTURE, Department of, Title 4
4-22-275 Hemp, p. 947, 1657
4-22-276 Wheat and Barley Assessment and Refunds, p. 1786
STATE AUDITOR, Office of, Title 6
6-268 Group Capital Calculation, p. 708, 1189
6-269 Term and Universal Life Insurance Reserve Financing, p. 1120, 1691
6-270 Credit for Reinsurance - Certified Assuming Insurers, p. 643, 1190
6-271 Annuities - Periodic Payment of Premium Taxes – Surplus Lines Insurance Transactions - Supervision, Rehabilitation, and Liquidation of Self-Funded Multiple Employer Welfare Arrangements, p. 1359, 1793
6-272 Life Insurance – Illustrations, p. 1363, 1794
6-273 Exemptions, p. 1366, 1795
6-274 Collection of Stamping Fee, p. 1369, 1796
COMMERCE, Department of, Title 8
8-94-199 Administration of the CDBG Program, p. 1372, 1797
(Board of Investments)
8-97-101 Board of Investments Rules, p. 1212
EDUCATION, Title 10
(Board of Public Education)
10-55-290 Standards of Accreditation, p. 1966
10-58-272 Professional Educator Preparation Program Standards, p. 1376
10-64-283 School Bus Requirements, p. 140, 1313
FISH, WILDLIFE AND PARKS, Department of, Title 12
12-562 Closing the Yellowstone River From the Yellowstone National Park Boundary to the Springdale Bridge Fishing Access Site, p. 1025, 1191
12-563 Closing Fishing Access Sites From the Axtell Bridge Fishing Access Site to the Bud Lilly Fishing Access Site on the Gallatin River, p. 1028
12-564 Closing Fishing Access Sites From the Sappington Bridge Fishing Access Site to the Drouillard Fishing Access Site on the Jefferson River, p. 1030
12-565 Closing the Ruby Island Fishing Access Site in Madison County, p. 1032
12-566 Closing the Ennis Fishing Access Site in Madison County, p. 1034
12-567 Closing the Valley Garden Fishing Access Site in Madison County, p. 1036
12-568 Closing the Alder Bridge Fishing Access Site in Madison County, p. 1038
12-569 Closing the Old Steel Bridge Fishing Access Site in Flathead County, p. 1040
12-570 Closing the Yellowstone River in Stillwater County, p. 1042
12-571 Closing the Stillwater River in Stillwater County, p. 1044, 1692
12-572 Closing West Rosebud Creek and Rosebud Creek in Stillwater County, p. 1046
12-573 Closing the Absaroka Fishing Access Site in Stillwater County, p. 1048
12-574 Closing the Buffalo Jump Fishing Access Site in Stillwater County, p. 1050
12-575 Closing the Castle Rock Fishing Access Site in Stillwater County, p. 1052
12-576 Closing the Cliff Swallow Fishing Access Site in Stillwater County, p. 1054
12-577 Closing the Fireman's Point Fishing Access Site in Stillwater County, p. 1056
12-578 Closing the Jeffrey's Landing Fishing Access Site in Stillwater County, p. 1058
12-579 Closing the Moraine Fishing Access Site in Stillwater County, p. 1060
12-580 Closing the Swinging Bridge Fishing Access Site in Stillwater County, p. 1062
12-581 Closing the White Bird Fishing Access Site in Stillwater County, p. 1064
12-582 Closing the Rosebud Isle Fishing Access Site in Stillwater County, p. 1066
12-583 Closing the Holmgren Ranch Fishing Access Site in Stillwater County, p. 1068
12-584 Closing the Indian Fort Fishing Access Site in Stillwater County, p. 1070
12-585 Closing the Yellowstone River in Park County, p. 1192
12-589 Closing the Yellowstone River in Park County, p. 1658
12-590 Closing the Stillwater River in Stillwater County, p. 1693
12-592 Public Access Land Agreements, p. 2230
(Fish and Wildlife Commission)
12-560 Classification of Caracal Cat as a Prohibited Species, p. 950, 2189
12-561 Angling Restriction and Fishing Closure Criteria, p. 1131, 1798
12-586 Grizzly Bear Demographic Objective for the Northern Continental Divide Ecosystem, p. 1135, 1802
12-587 Recreational Use on the Boulder River, p. 1139, 1806
12-588 Extending the Implementation Date of the Madison River Commercial Use Cap, p. 1141, 1808
12-591 Classification of Caracal Cat as a Controlled Species, p. 2064
ENVIRONMENTAL QUALITY, Department of, Title 17
17-417 Methamphetamine Cleanup - Definitions - Decontamination Standards - Performance, Assessment, and Inspection - Performance Standards - Contractor Certification and Training Course Requirements - Reciprocity - Training Provider Certification - Certified Training Provider Responsibilities - Denial, Suspension, and Revocation of Certification - Fees - Sampling - Recordkeeping - Reports - Incorporation by Reference, p. 367, 952, 1812
17-422 Ground Water Under the Direct Influence of Surface Water Determinations - Standards for Public Water Supply Systems, p. 713, 1695
17-423 Application and Administration of Hard Rock Small Mining Exclusion Statements, Exploration Licenses, and Operating Permits, p. 1143, 1830
17-425 Opencut Mining Program, p. 1152, 2009
17-427 Temporary Water Quality Standards Variances, p. 1171, 2018
TRANSPORTATION, Department of, Title 18
18-187 Utility Right-of-Way Occupancy, p. 722, 1176, 1314
18-188 Motor Carrier Services Maximum Allowable Weight and Safety Requirements, p. 553, 1072
18-189 Motor Carrier Services - Vehicles Authorized to Bypass Weigh Stations - Definitions - Compliance With Weigh Station Bypass, p. 859, 1423, 1832
CORRECTIONS, Department of, Title 20
(Board of Pardons and Parole)
20-25-71 Paroling Decision - Early Parole Consideration - Administrative Reviews and Reappearances - Board Operating Processes - Executive Clemency Functions, p. 193, 1194
JUSTICE, Department of, Title 23
23-16-265 Gambling Control Division Headquarters Address Change, p. 1427, 1836
(Public Safety Officers Standards and Training Council)
23-13-264 Certification of Public Safety Officers, p. 732, 1835
LABOR AND INDUSTRY, Department of, Title 24
Boards under the Business Standards Division are listed in alphabetical order by chapter following the department notices.
24-17-397 Prevailing Wages, p. 2006
24-22-393 Incumbent Worker Training (IWT) Program, p. 646, 1074
24-22-394 Montana Employment Advancement Right Now (EARN) Program Act, p. 863, 1315
24-28-396 Workers' Compensation Mediation, p. 957, 1660
24-29-392 Medical Fee Schedules and Drug Formulary for Workers' Compensation Purposes, p. 650, 1075
24-101-395 Organizational, Procedural, and Public Participation Rules, p. 866, 1837
(Board of Dentistry)
24-138-82 Fee Schedules - Clinical Exam Criteria, p. 565, 1662
(Board of Medical Examiners)
24-156-93 Board of Medical Examiners, p. 880, 1664
(Board of Nursing)
24-159-92 Board of Nursing, p. 658, 1666
(Board of Pharmacy)
24-174-79 Board of Pharmacy, p. 1216, 1842
(Board of Professional Engineers and Professional Land Surveyors)
24-183-45 Fee Schedule, p. 569, 1668
(Board of Psychologists)
24-189-43 Fee Schedule - Behavior Analyst Experience and Supervision, p. 454, 1076
(Board of Veterinary Medicine)
24-225-42 Licensure of Veterinary Technicians, p. 738, 1742
LIVESTOCK, Department of, Title 32
32-22-328 Importation of Camelids, p. 667, 1669
32-22-329 Diagnostic Laboratory Fees, p. 961, 1670
32-22-332 Testing Within the DSA, p. 1441, 1848
(Board of Milk Control)
32-22-330 Transfer of Quota – Reassignment of Quota From the Unassigned Quota Pool – Readjustment of Quota Into the Statewide Quota System, p. 1434, 1846
32-22-331 Producer Pricing, p. 1438, 1847
NATURAL RESOURCES AND CONSERVATION, Department of, Title 36
36-22-214 Horse Creek Controlled Groundwater Area, p. 670, 1705
36-22-216 Dam Safety, p. 1177, 1849
(Board of Oil and Gas Conservation)
36-22-215 Adoption of Forms - Reports From Transporters, Refiners, Purchasers, and Gasoline or Extraction Plants, p. 970, 1747
(Board of Water Well Contractors)
36-22-213 Water Well Licensing - Construction Standards, p. 490, 1671
PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37
37-947 Applied Behavior Analysis Services, p. 1444, 1850
37-970 Healthy Montana Kids Evidence of Coverage, p. 2235
37-971 Communicable Disease Control, p. 1460, 1855
37-975 Campgrounds, Trailer Courts, Work Camps, and Youth Camps, p. 973, 1748
37-976 HMK Dental Procedure Codes, p. 573, 1077
37-977 County and Tribal Matching Grant, p. 1471, 1856
37-979 Assisted Living Rules Related to Background Checks and Category D Endorsement, p. 746, 1857
37-981 Public Sleeping Accommodations, p. 998, 1750
37-982 Public Swimming Pools, p. 2239
37-983 Updating Medicaid and Non-Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 576, 1078
37-984 Low Income Weatherization Assistance Program, p. 1477, 1874
37-985 Financial Eligibility Criteria, p. 782, 1875
37-988 Medicaid Hospice Fee Reimbursement and Care Program, p. 1007, 1672
37-989 Nursing Facility Reimbursement, p. 590, 1081
37-990 Health Care Facility Revisions, p. 1485, 1876
37-991 Families Achieving Independence in Montana (FAIM), p. 785, 1673
37-993 Developmental Disabilities Waiver Program Reimbursement, p. 672, 1316
37-994 Immunization Requirements and Exemptions for Children and Staff at Child Care Facilities, p. 1495, 2190
37-995 Child Support Services Division Guidelines and Distribution, p. 1508, 1878
37-996 Low Income Home Energy Assistance Program, p. 1511, 1879
37-997 Vending of Food and Beverages, p. 1518, 1880
37-998 Marijuana Sampling Protocols, p. 2243
37-999 Living Wills, p. 1522, 1881
37-1001 Changing the Identification of Sex on Birth Certificates, p. 915, 1751
37-1002 Changing the Identification of Sex on Birth Certificates, p. 895, 1752
37-1003 Crisis System Restructuring, p. 1526, 1882
37-1005 Foster Care Immunization Requirements, p. 1531, 1884
37-1008 Medically Needy Living Allowance Deduction, p. 1536, 1887
37-1010 State Approval of Substance Use Disorder Programs – Licensure of Substance Use Disorder Facilities – Behavioral Health and Development Disability Medicaid & Non-Medicaid Manuals, p. 1539, 1889, 2025, 2040
37-1012 Updating Medicaid and Non-Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 1615, 1914
37-1016 Premarital Blood Testing, p. 2256
37-1018 Updating Medicaid and Non-Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 2202
37-1020 Licensure of Day Care Facilities, p. 2066
PUBLIC SERVICE REGULATION, Department of, Title 38
38-2-255 Interventions, p. 1185, 2266
38-2-258 Interventions, p. 2259
38-5-250 Montana Energy Impact Assistance Financing, p. 217, 494, 1087
38-5-254 Public Utility Regulatory Policies Act (PURPA), p. 1621, 1919
38-5-256 Resource Planning, p. 1229, 2159
38-5-257 Pipeline Safety, p. 1640, 1931
REVENUE, Department of, Title 42
42-1046 Department Procedures Involving Penalties Against Alcoholic Beverages Licenses, p. 788, 1707
42-1052 Department Implementation of Legislation for House Bills 157, 226, 525, 705 and Senate Bill 320 Enacted by the 2021 Montana Legislature, p. 1246, 1686, 1932
42-1053 Montana Marijuana Regulation and Taxation Act Post-Legislative Rules Revisions and Contested Case Rules Updates, p. 1016, 1712
42-1054 Property Tax Exemption Process Revisions, p. 1274, 1941
42-1055 Tribal Government Applications for Temporary Property Tax Exemptions, p. 1643, 1943
42-1056 Adopting the Multistate Tax Commission's Model Statute for Reporting Adjustments to Federal Taxable Income and Federal Partnership Audit Adjustments, p. 1286, 1763
42-1057 Extension of Deadlines for a Taxpayer to Appeal an Audit Determination or a Final Determination, p. 1289, 1764
42-1058 Creation of Additional Canopy License Tiers for Marijuana Cultivators, p. 1293, 1766
42-1059 Authorization of Marijuana Dispensary Customer Loyalty Programs, p. 1296, 1767
42-1060 Waste Management Process Revision, p. 1648, 1945, 2027
42-1061 Montana Education Savings Plans (529 Plans), p. 1650, 1948
42-1062 Updates of the Montana Reappraisal Plan and Classification and Valuation Manuals, p. 2174
42-1063 Agricultural Commodity Prices and Values, p. 2179
42-1064 Revisions to Railroad Income Apportionment Factors, p. 2182
42-1065 2023 Personal Property Depreciation Schedules and Trend Tables, p. 2186
SECRETARY OF STATE, Office of, Title 44
44-2-255 Election Security Definitions - Security Assessment Requirements - Security Awareness Training Requirements - Physical Security Requirements - Additional Election Security Requirements - Definitions Related to the Examination of Voting Machines and Devices, p. 507, 676, 1089
44-2-258 Minor Parties, p. 683, 1092
44-2-259 Clarification of Timing of Certain Activities of Election Administrators, p. 1299, 1768
44-2-260 Update of Provisions Related to Business Services Filings – Administrative Updates, p. 1302, 1770
44-2-261 Records and Information Management Fees – Delegation Authority for Records Disposal of Public Records and Records Storage Systems and Requirements, p. 1308, 1772
44-2-262 Scheduled Dates for the 2023 Montana Administrative Register, p. 1653, 1949
(Office of the Commissioner of Political Practices)
44-2-263 Payment Threshold–Inflation Adjustment for Lobbyists, p. 2264