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 March 31, 2023. This table includes notices in which those rules adopted during the period December 23, 2022, through June 9, 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 March 31, 2023, 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 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

 

(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, 401

 

AGRICULTURE, Department of, Title 4

 

4-22-276         Wheat and Barley Assessment and Refunds, p. 1786, 11

 

STATE AUDITOR, Office of, Title 6

 

6-275               Approved Risk List, p. 317, 476

6-276               Fire Premium Allocation - Presumptively Reasonable Allocations, p. 460

 

COMMERCE, Department of, Title 8

 

8-94-201         Administration of the Montana Coal Endowment Program (MCEP) - Emergency Grants - Planning Grants, p. 370

8-111-200       Public Participation - Incorporation of Model Rules - Meetings of the Board - Definitions, p. 200, 402

 

(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, 255, 403

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, 211

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

12-596             Closing the Bjornberg Bridge Fishing Access Site in Phillips County, p. 405, 449

12-597             Closing the Alkali Creek Fishing Access Site in Phillips County, p. 407, 450

12-598             Closing the Cree Crossing Wildlife Management Area on the Milk River in Phillips County, p. 409, 451

12-599             Closing the Truly Bridge Fishing Access Site in Cascade County, p. 477

12-601             Partial Closure of the Jefferson River From the Williams Bridge Fishing Access Site to the Meridian Bridge in Jefferson County, p. 518

12-602             Closing the Alder Bridge Fishing Access Site on the Ruby River in Madison County, p. 520

 

(Fish and Wildlife Commission)

12-591             Classification of Caracal Cat as a Controlled Species, p. 2064, 210

 

ENVIRONMENTAL QUALITY, Department of, Title 17

 

17-421             Review of Storm Water Designs- Individual and Shared Onsite Wastewater Systems - Well Locations, p. 2278, 324

17-429             Modernizing Application and Notice Requirements - Allowing for Electronic-Only Submittal and Use of Modern Mapping Technologies - Eliminating Requirements Related to Temporary Construction Camps - General Housekeeping Updates, p. 373

 

TRANSPORTATION, Department of, Title 18

 

18-190             Motor Carrier Services Safety Requirements, p. 389

18-191             Alternative Project Delivery Methods, p. 503

18-193             Fuel Tax Bridge and Road Safety and Accountability Program, p. 463

18-194             Refunds of Gasoline and Special Fuel Tax, p. 466

 

CORRECTIONS, Department of, Title 20

 

JUSTICE, Department of, Title 23

 

23-3-268         Alcohol Analysis, p. 206, 411

23-3-272         Driver Licensing and Licensing Operators of Commercial Motor Vehicles, p. 506

23-4-267         Drug and/or Alcohol Analysis, p. 168, 413

23-12-266       Fire Safety, Fireworks - International Fire Code - Additional Definitions, p. 57, 212

 

(Public Safety Officers Standards and Training Council)

23-13-269       Certification of Public Safety Officers, p. 174, 479

 

(Board of Crime Control)

23-14-270       Board of Crime Control, p. 298

23-14-271       Board of Crime Control, p. 392

 

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

24-22-400       Incumbent Worker Training, p. 223

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

24-23-404       Job Growth Incentive Tax Credit, p. 511

24-29-399       Workers' Compensation Medical Fee Schedule, p. 319, 522

24-29-403       Utilization and Treatment Guidelines - Drug Formulary for Workers' Compensation Purposes, p. 398, 523

24-101-398     Organizational, Procedural, and Public Participation Rules, p. 2331, 300

 

(Board of Nursing)

24-159-94       Informational Notice of Proposed Rulemaking - Proposed 2023 Rulemaking by the Interstate Commission of Nurse Licensure Compact Administrators, p. 483

 

(Board of Outfitters)

24-171-42       Board of Outfitters, p. 2345, 71, 354

 

LIVESTOCK, Department of, Title 32

 

32-22-333       Time From Processing That Fluid Milk May Be Sold for Public Consumption, p. 145, 358

32-23-336       Department of Livestock Meat Inspection and Milk and Egg Bureau Fees, p. 226, 452

32-22-337       Brands and Earmarks, p. 147, 359

 

(Board of Milk Control)

32-23-334       Milk Control Assessments, p. 73, 213

 

NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

 

36-22-217       Bitterroot Valley Sanitary Landfill Controlled Groundwater Area, p. 514

 

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

 

37-970             Healthy Montana Kids Evidence of Coverage, p. 2235, 178

37-982             Public Swimming Pools, p. 2239, 179

37-1006          Low Income Home Energy Assistance Program (LIHEAP), p. 228, 480

37-1011          Food Distribution Program on Indian Reservations, p. 245, 481

37-1013          Montana Tumor Registry, p. 76, 304

37-1015          Laboratories That Conduct Analyses of Public Water Supplies, p. 79, 305

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

37-1023          Updating Medicaid and Non-Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 252, 482

37-1024          Medicaid Coverage of Abortion Services, p. 2353, 414

37-1028          Applied Behavior Analysis Services, p. 468

37-1030          Hospice Reimbursement, p. 472

 

PUBLIC SERVICE REGULATION, Department of, Title 38

 

38-2-258         Interventions, p. 2259, 150, 362

38-5-256         Resource Planning, p. 1229, 2159, 21

38-5-260         Construction of Utility Lines and Facilities, p. 152, 322, 524

 

REVENUE, Department of, Title 42

 

42-1062          Updates of the Montana Reappraisal Plan and Classification and Valuation Manuals, p. 2174, 43

42-1064          Revisions to Railroad Income Apportionment Factors, p. 2182, 45

 

SECRETARY OF STATE, Office of, Title 44

 

44-2-264         Business Services Annual Report Filing Fee Waiver in 2024, p. 9, 525

 

(Office of the Commissioner of Political Practices)

44-2-263         Payment Threshold–Inflation Adjustment for Lobbyists, p. 2264, 185