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 December 31, 2022. This table includes notices in which those rules adopted during the period September 23, 2022, through February 24, 2023, 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 December 31, 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 or 2023 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
2-5-628 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
2-59-630 Activities Requiring a License, p. 1352, 1790
2-59-632 Banking Definitions, p. 1355, 1791
(Public Employees' Retirement Board)
2-43-633 Actuarial Rates and Assumptions, p. 1, 177
2-43-634 Amendment by Reference of the State of Montana Public Employee Deferred Compensation (457) Plan Document and Trust Agreement, p. 165
(State Lottery and Sports Wagering Commission)
2-63-625 Procedural Rules, p. 1357, 1792
AGRICULTURE, Department of, Title 4
4-22-276 Wheat and Barley Assessment and Refunds, p. 1786, 11
STATE AUDITOR, Office of, Title 6
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, 12
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, 86
FISH, WILDLIFE AND PARKS, Department of, Title 12
12-592 Public Access Land Agreements, p. 2230, 4
12-593 Closing the Valley Garden Fishing Access Site on the Madison River in Madison County, p. 2364
12-594 Closing the Ennis Fishing Access Site on the Madison River in Madison County, p. 13
12-595 Closing the York's Islands Fishing Access Site on the Missouri River in Broadwater County, p. 15
(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
17-421 Review of Storm Water Designs- Individual and Shared Onsite Wastewater Systems - Well Locations, p. 2278
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
18-189 Motor Carrier Services - Vehicles Authorized to Bypass Weigh Stations - Definitions - Compliance With Weigh Station Bypass, p. 859, 1423, 1832
CORRECTIONS, Department of, Title 20
JUSTICE, Department of, Title 23
23-4-267 Drug and/or Alcohol Analysis, p. 168
23-12-266 Fire Safety, Fireworks - International Fire Code - Additional Definitions, p. 57
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
23-13-269 Certification of Public Safety Officers, p. 174
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, 17
24-22-401 Workforce Innovation and Opportunity Act Montana State Plan Youth ITA Waiver Request, p. 154
24-22-402 Workforce Innovation and Opportunity Act Montana State Plan OSY Waiver Request, p. 155
24-101-395 Organizational, Procedural, and Public Participation Rules, p. 866, 1837
24-101-398 Organizational, Procedural, and Public Participation Rules, p. 2331
(Board of Outfitters)
24-171-42 Board of Outfitters, p. 2345, 71
(Board of Pharmacy)
24-174-79 Board of Pharmacy, p. 1216, 1842
LIVESTOCK, Department of, Title 32
32-22-332 Testing Within the DSA, p. 1441, 1848
32-22-333 Time From Processing That Fluid Milk May Be Sold for Public Consumption, p. 145
32-22-337 Brands and Earmarks, p. 147
(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
32-23-334 Milk Control Assessments, p. 73
NATURAL RESOURCES AND CONSERVATION, Department of, Title 36
36-22-216 Dam Safety, p. 1177, 1849
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, 178
37-971 Communicable Disease Control, p. 1460, 1855
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
37-982 Public Swimming Pools, p. 2239, 179
37-984 Low Income Weatherization Assistance Program, p. 1477, 1874
37-985 Financial Eligibility Criteria, p. 782, 1875
37-990 Health Care Facility Revisions, p. 1485, 1876
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
37-1003 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
37-1013 Montana Tumor Registry, p. 76
37-1015 Laboratories That Conduct Analyses of Public Water Supplies, p. 79
37-1016 Premarital Blood Testing, p. 2256, 180
37-1018 Updating Medicaid and Non-Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 2202, 84, 181
37-1020 Licensure of Day Care Facilities, p. 2066
37-1024 Medicaid Coverage of Abortion Services, p. 2353
PUBLIC SERVICE REGULATION, Department of, Title 38
38-2-255 Interventions, p. 1185, 2266
38-2-258 Interventions, p. 2259, 150
38-5-254 Public Utility Regulatory Policies Act (PURPA), p. 1621, 1919
38-5-256 Resource Planning, p. 1229, 2159, 21
38-5-257 Pipeline Safety, p. 1640, 1931
38-5-260 Construction of Utility Lines and Facilities, p. 152
REVENUE, Department of, Title 42
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
42-1054 Property Tax Exemption Process Revisions, p. 1274, 1941
42-1055 Tribal Government Applications for Temporary Property Tax Exemptions, p. 1643, 1943
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, 43
42-1063 Agricultural Commodity Prices and Values, p. 2179, 2366
42-1064 Revisions to Railroad Income Apportionment Factors, p. 2182, 45
42-1065 2023 Personal Property Depreciation Schedules and Trend Tables, p. 2186, 2368
SECRETARY OF STATE, Office of, Title 44
44-2-262 Scheduled Dates for the 2023 Montana Administrative Register, p. 1653, 1949
44-2-264 Business Services Annual Report Filing Fee Waiver in 2024, p. 9
(Office of the Commissioner of Political Practices)
44-2-263 Payment Threshold–Inflation Adjustment for Lobbyists, p. 2264, 185