BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

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In the matter of the proposed���������������������������������� �) NOTICE OF PROPOSED

amendment of ARM 32.2.403,�������������������������������� ) AMENDMENT

pertaining to diagnostic laboratory������������������������� )

fees���������������������������������������������������������������������������� ) NO PUBLIC HEARING

������������������������������������������������������������������������������������ ) CONTEMPLATED

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TO: All Concerned Persons

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1. On October 6, 2007, the Department of Livestock proposes to amend the above-stated rule.

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2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on September 27, 2007, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; phone: (406) 444-9321; TTD number: 1-800-253-4091; fax: (406) 444-1929; e-mail: [email protected].

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3. The rule as proposed to be amended provides as follows, stricken matter interlined, new matter underlined:

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32.2.403 DIAGNOSTIC LABORATORY FEES (1) The following list identifies the laboratory services and procedures available at the Montana Department of Livestock veterinary diagnostic laboratory (laboratory), and the fees charged for each of those services and/or procedures:

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(2) remains the same.

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AUTH: 81-1-102, 81-2-102, MCA

IMP: 81-2-102, MCA

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REASON: ARM 32.2.403 is being amended to change fees that are currently charged by the Department of Livestock for diagnostic laboratory services. The fees are being increased to reflect increased costs associated with providing those services. The fees must, by statute, be set at levels commensurate with the costs of performing the tests or services listed.

Fees for each procedure and test were evaluated determining the cost of the test materials and labor for performance of the test. The fees were compared to regional government funded diagnostic laboratories and a private veterinary laboratory. The fees were adjusted to be competitive with these laboratories and to offset inflationary costs. The laboratory must continue to provide a utilized service to the Montana livestock industry in order to assure that a vital function and mission of the laboratory regarding disease surveillance is not compromised.

The increased fees charged by the department's diagnostic laboratory will potentially affect approximately 25,000 people who may use services at the laboratory. The cumulative amount of the fee increase will be $40,000.00 based on this number of lab users.

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4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to [email protected] to be received no later than 5:00 p.m., October 4, 2007.

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5. If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m. October 4, 2007.

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6. If the department receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be more than 25, based upon the population of the state.

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7. An electronic copy of this proposal notice is available through the department's site at www.mt.gov/liv.

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8. The Montana Department of Livestock maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by this department. Persons who wish to have their name added to the list shall make a written request, which includes the name and mailing address of the person to receive notices and specifies the area of interest that the person wishes to receive notices regarding. Such written request may be mailed or delivered to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; faxed to (406) 444-1929 "attention Christian Mackay"; or e-mailed to [email protected]. Request forms may also be completed at any rules hearing held by the department.

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9. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.

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DEPARTMENT OF LIVESTOCK

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BY: /s/ Christian Mackay���������������������������������������������������BY: /s/ Carol Grell Morris

������ Christian Mackay�������������������������������������������������������������� Carol Grell Morris

�������Executive Officer��������������������������������������������������������������� Rule Reviewer

������ Board of Livestock

������ Department of Livestock

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Certified to the Secretary of State August 27, 2007.