Administrative Rules of the State of Montana

ACCUMULATIVE TABLE

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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 September 30, 2007. This table includes those rules adopted during the period September 1, 2007, through December 31, 2007, and any proposed rule action that was pending during the past six-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).

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To be current on proposed and adopted rulemaking, it is necessary to check the ARM updated through September 30, 2007, this table, and the table of contents of this issue of the MAR.

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This table indicates the department name, title number, rule numbers in ascending order, catchphrase or the subject matter of the rule, and the page number at which the action is published in the 2006, 2007, and 2008 Montana Administrative Register.

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To aid the user, the Accumulative Table includes rulemaking actions of such entities as boards and commissions listed separately under their appropriate title number.

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GENERAL PROVISIONS, Title 1

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1.2.419��Scheduled Dates for the 2008 Montana Administrative Register, p.�1310, 1682

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ADMINISTRATION, Department of, Title 2

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I�� Examination Fees for Business and Industrial Development Corporations, p.�1500, 1932

2.4.202�� and other rule - Minimum Refunds - State's Volume Cap Allocation, p.�1351, 35

2.4.401�� and other rule - Single Audit Act, p.�552, 964

2.5.120�� and other rules - Procurement of Supplies and Services - Surplus Property, p.�1116, 1657, 36

2.6.101��Insurance Requirements, p.�1130, 37

2.59.104�� Semiannual Assessment of Banks, p.�1493, 1926

2.59.301�� and other rules - Regulation of Consumer Loan Licensees - Notification to the Department - Examinations, Suspension, and Revocation of Licenses - Protection of Confidential Borrower Information - Application Procedure Required to Engage in Consumer Lending, Default, and Accrual of Interest or Amortization of Net Fees or Costs, p.�1353

2.59.401�� Credit Union Supervisory and Examination Fees, p.�1496, 1928

2.59.1401�� and other rules - Regulation of Title Lenders - Notification to the Department - Rescinded Loans - Examinations, Suspension, and Revocation of Licenses - Protection of Confidential Borrower Information - Department's Cost of Administrative Action - Policy to Implement Limitations on Terms of Credit to Servicemembers and Dependents - Examination Fees - Required Record Keeping - Accrual of Interest - Unlicensed Activity - Title Loan Designation, p.�1377

2.59.1501�� and other rules - Regulation of Deferred Deposit Lenders - Affidavit of Borrower - Rescinded Loans - Examinations, Suspension, and Revocation of Licenses - Protection of Confidential Borrower Information - Department's Cost of Administrative Action - Policy to Implement Limitations on Terms of Credit to Servicemembers and Dependents - Examination Fees, p.�1387

2.59.1701�� and other rules - Licensing and Regulation of Mortgage Brokers and Loan Originators - Continuing Education - Prelicensing Examination - Fees, Nontraditional Mortgage Products - Designated Managers - Yield Spread Premium - Examinations - Failure to Correct Deficiencies - Protection of Confidential Borrower Information - Grounds for Denial of Applications - Requirements for Renewal Applications - Department's Cost of Administrative Action, p.�1360

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(Public Employees' Retirement Board)

2.43.441�� Purchase of Service Credit Through Trustee-to-Trustee Fund Transfers, p.�1841, 117

2.43.1002�� and other rule - Investment Policy Statement for the Defined Contribution Retirement Plan - Investment Policy Statement for the 457 Deferred Compensation Plan, p.�320, 677

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(Teachers' Retirement Board)

2.44.301A�� and other rules - Definitions - Optional Retirement Program - Calculating Service Credits - Corrections of Errors, Family Law Orders - Withholding of Insurance Premium from Retirement Benefit, p.�1132, 2120

2.44.308�� and other rules - Independent Contractors - Calculating Service Credits - Termination Pay - Earned Compensation - Benefit Adjustments, p.�1558, 2121, 38

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(State Compensation Insurance Fund)

2.55.320�� Classifications of Employments, p.�1566, 2123

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(State Lottery Commission)

2.63.1201�� and other rule - State Lottery's Procedures Pertaining to Prizes and Sales Incentives, p.�1569, 2009

2.63.1201�� and other rule - State Lottery's Procedures Pertaining to Prizes and Sales Incentives, p.�1139

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AGRICULTURE, Department of, Title 4

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I-VII�� (Departments of Agriculture and Livestock) Montana Certified Natural Beef Cattle Marketing Program, p.�1

4.12.1410�� and other rules - Virus-indexing Program, p.�1247, 1811

4.17.102�� and other rules - Organic Certification Program, p.�990

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STATE AUDITOR, Title 6

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I-VI��Permitting the Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities, p.�1844, 136

I-IX�� Military Sales Practices, p.�902, 1180

I-XII�� Funeral Insurance Rules, p.�1718, 118

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COMMERCE, Department of, Title 8

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I�� Administration of the 2008-2009 Federal Community Development Block Grant (CDBG) Program, p.�1850

I��Submission and Review of Applications to the Treasure State Endowment Program (TSEP), p.�1853

8.99.401�� and other rules - Microbusinesses, p.�1730

8.99.803�� Grant Review Committee - Submission and Review of Applications for Workforce Training Grants, p.�740, 1314

8.99.901�� and other rules - Award of Grants and Loans Under the Big Sky Economic Development Program, p.�1981

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(Hard-Rock Mining Impact Board)

8.104.101�� and other rules - Organizational and Procedural Rules of the Hard-Rock Mining Impact Board, p.�81

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(Board of Housing)

I-III�� Board of Housing - Low Income Housing Tax Credit Program, p.�1061, 1543

8.111.501�� and other rules - Housing Loans, p.�1855, 40

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(Montana Heritage Preservation and Development Commission)

10.125.101�� and other rules - Sale of Real and Personal Property by the Montana Heritage Preservation and Development Commission, p.�2026

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EDUCATION, Title 10

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(Superintendent of Public Instruction)

10.16.3007�� and other rules - Access to Instructional Materials - Procedural Safeguards - Special Education Data Collection and Reporting - Resolution Process - Expedited Due Process Hearing Resolution Process - Response to Scientific, Research Based Intervention in Learning Disability Identification - Severe Discrepancy in Learning Disability Identification - Documentation Requirements in Learning Disability Identification - Extended School Year Services - Special Education, p.�220, 678

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(Board of Public Education)

10.55.602�� and other rules - Accreditation Standards, p.�169, 692

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(Montana State Library)

10.102.8101�� and other rule - Depository Procedures for State Documents, p.�1065, 1396, 1661

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FISH, WILDLIFE, AND PARKS, Department of, Title 12

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I�� Purchase of Duplicate Licenses, p.�912, 1024

12.3.403�� Replacement Licenses, p.�995, 1323

12.6.1601�� and other rules - Game Bird Farms - Possession of Captive-Reared Game Birds - Field Trial Permits, p.�743, 1025

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(Fish, Wildlife, and Parks Commission)

I�� No Wake Zone on Echo Lake, p.�85

I�� No Wake Zone on Swan Lake, p.�87

I�� Notice of Adoption of a Temporary Emergency Rule - Closing a Portion of Rock Creek in Granite and Missoula Counties, p.�1320

I��Notice of Adoption of a Temporary Emergency Rule - Closing Placid Lake and Seeley Lake, Missoula County, MT, p.�1183, 1315, 1318

I�� Notice of Adoption of a Temporary Emergency Rule - Closing Lake Inez, Missoula County, MT, p.�1185, 1319

I�� Notice of Adoption of a Temporary Emergency Rule - Closing the Missouri River From American Bar Gulch to Beartooth Landing, Lewis and Clark County, MT, p.�1094, 1182

12.3.185�� Adding Three New Species to the Annual Lottery of Hunting Licenses, p.�565, 965

12.6.401�� Time Zones, p.�1142, 1662

12.6.2203�� and other rules - Exotic Species, p.�560, 632, 1187

12.9.1105�� Hunting Season Extensions, p.�750, 1442

12.11.3205�� No Wake Zone at White Sandy Recreation Area on Hauser Lake, p.�326, 776

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ENVIRONMENTAL QUALITY, Department of, Title 17

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I-III�� Definitions - Certification of Energy Production, Transportation, and Research Facilities for Tax Abatement and Classification, p.�2046

17.56.101��and other rules - Underground Storage Tanks - Management of Underground Storage Tanks - Incorporation by Reference - Assessment of Administrative Penalties, p.�915, 1189, 1667

17.56.502�� and other rules - Underground Storage Tanks - Reporting and Numbering Petroleum Releases, p.�1743, 2124

17.74.401�� and other rules - Asbestos - Asbestos Control Program Fees, p.�942, 1933

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(Board of Environmental Review)

17.8.102�� and other rules - Air Quality - Incorporation by Reference of Current Federal Regulations and Other Materials into Air Quality Rules, p.�800, 1663

17.8.501�� and other rules - Air Quality - Definitions - Air Quality Operation Fees - Open Burning Fees, p.�795, 1664

17.30.502�� and other rules - Water Quality - Subdivisions - CECRA - Underground Storage Tanks - Department Circular DEQ-7, p.�2035

17.30.610�� Water Quality - Surface Water Quality, p.�2043

17.30.617�� and other rule - Water Quality - Outstanding Resource Water Designation for the Gallatin River, p.�2294, 328, 1398

17.38.101�� and other rule - Public Water and Sewage Systems - Plans for Public Water Supply or Wastewater System - Fees, p.�1067, 1666

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TRANSPORTATION, Department of, Title 18

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18.4.110��and other rules - Acceptance and Use of Electronic Records and Electronic Signatures, p.�998, 1445

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CORRECTIONS, Department of, Title 20

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I-VI�� Security and Confidentiality of Youth Records, p.�1144

20.7.1101�� and other rule - Conditions on Probation or Parole, p.�1984

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JUSTICE, Department of, Title 23

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(Gambling Control Division)

23.16.102��and other rules - Effective Date of Forms - Removal of Form 1 from the Rules - Application Time Limit for Utilizing an Approved Automated Accounting and Reporting System as Part of a Vending Agreement, p.�1572, 1859, 2010, 2126

23.16.209�� and other rules - Possession and Display of Antique Slot Machines - Approved Accounting and Reporting System Availability Date - General Specifications of Approved Automated Accounting and Reporting Systems, p.�1149, 1544

23.16.209�� and other rules - Display of Antique Illegal Gambling Devices - Dealer License Application Process - Temporary Dealer Licenses - Possession of Dealer License - Card Game Tournament Rules - Card Dealer Restrictions - House Player Restrictions - Rake Restrictions - Casino Night Requirements, p.�567, 848, 966

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LABOR AND INDUSTRY, Department of, Title 24

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Boards under the Business Standards Division are listed in alphabetical order following the department rules.

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I�� Insurer Reporting Requirements, p.�337, 697

I-III�� Medical Benefits Payable by the Uninsured Employers Fund, p.�1077, 1446

24.7.201�� and other rules - Board of Labor Appeals - Procedural Rules, p.�813, 1325

24.7.302�� and other rules - Board of Labor Appeals Procedural Rules, p.�8

24.11.445�� and other rules - Unemployment Insurance Matters, p.�1258, 1669

24.17.127�� Prevailing Wage Rates for Public Works Projects - Building Construction Services - Heavy and Highway Construction Services - Nonconstruction Services, p.�404, 851, 968

24.29.207�� and other rules - Workers' Compensation Medical Fee Schedule for Nonfacilities - Workers' Compensation Medical Treatment and Utilization Guidelines for Occupational Therapists, Physical Therapists, and Chiropractors - Other Matters Related to Workers' Compensation Claims, p.�1265, 1670

24.29.1416�� and other rule - Allowable Charges for Prescription Drugs Under a Workers' Compensation Claim, p.�753, 1192

24.29.1529�� Allowable Charges for Prescription Drugs Under a Workers' Compensation Claim, p.�1581, 2011

24.29.1529�� Allowable Charges for Prescription Drugs Under a Workers' Compensation Claim, p.�1152, 1676

24.29.4315��Insurer Reporting Requirements, p.�633, 1028

24.30.102�� Occupational Safety Matters in Public Sector Employment, p.�823, 1097

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(Board of Architects and Landscape Architects)

24.114.401�� and other rule - Fee Schedule - Examination, p.�11

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(Board of Barbers and Cosmetologists)

24.121.301�� and other rules - Definitions - Premises and General Requirements - Applications for Licensure - School-Facility and Operation - Teacher-Training Curriculum - Salons/Booth Rental - Sanitary Standards - Unprofessional Conduct - Anonymous Complaints - Disinfecting Agents - Blood Spills, p.�1502

24.121.407�� and other rule - Premises and General Requirements - Restrooms, p.�4, 859

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(Board of Clinical Laboratory Science Practitioners)

24.129.401�� and other rules - Fees - Supervision - Standards for Licensure - Unprofessional Conduct - Inspections - Notification, p.�1584

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(Board of Dentistry)

24.138.403�� and other rules - Mandatory Certification - Initial Licensure of Dentists by Examination - Initial Licensure of Hygienists by Examination - Dentist Licensure by Credentials - Dental Hygienist Licensure by Credentials - Dentist Licensure by Credentials for Specialists - Dental Hygiene Local Anesthetic Agent Certification -Denturist Application Requirements - Application to Convert an Inactive Status License to an Active Status License - Renewals - Reactivation of an Expired License - Licensure of Retired or Nonpracticing Dentist or Dental Hygienist for Volunteer Service - Reactivation of a Lapsed License, p.�1004, 1812

24.138.407�� and other rules - Functions for Dental Hygienists - Specialty Advertising - Hygiene Diagnosis and Treatment Planning, p.�14

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(Board of Medical Examiners)

24.156.1306�� Professional Conduct - Standards of Professional Practice, p.�1751

24.156.2701�� and other rules - Definitions - Unprofessional Conduct - EMT License Application - Equivalent Education - License Renewal - Fees - EMT Training Program/Course Application and Approval - Examinations - EMT Levels of Licensure - EMT Course Requirements - EMT Clinical Requirements - Revision of Curriculum and Statewide Protocols - Scope of Practice, p.�1081, 1813

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(Board of Occupational Therapy Practice)

24.165.404�� and other rules - Applications - Supervision - Instruction - Training - Modalities - Unprofessional Conduct, p. �757, 1450

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(Board of Pharmacy)

24.174.301�� and other rules - Definitions - Internship - Fee Schedules - Examination - Transfer - Vaccines - Collaborative Practice - Preceptor Requirements - General Licensure - Ownership - Ambulatory Facilities - Wholesale Licensing - Pharmacy Closure - Change in Location - Change in Ownership - Medical Gas - Foreign Interns - Technicians - Centralized Prescription and Drug Orders - Central Filling by Hub Pharmacies, p.�636, 1936

24.174.401�� Fee Schedule, p.�2051

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(Board of Plumbers)

24.180.401�� Fee Schedule, p.�498, 970, 1029

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(Board of Private Security)

24.182.401�� and other rule - Experience Requirements, p.�89

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(Board of Professional Engineers and Professional Land Surveyors)

24.101.413�� and other rules - Renewal Dates - Fees - Applications - Application Disposal -Examination Procedures - Grant and Issue Licenses - Inactive Status - Teaching Engineering Subjects - Certificate of Authorization, p.�762, 1327

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(Board of Psychologists)

24.189.401�� and other rule - Fees - Minimum Standards, p.�771, 1337

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(Board of Radiologic Technologists)

24.204.401�� and other rules - Fees - Permit Fees - Applications - Examinations, p.�1754

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(Board of Realty Regulation)

24.101.413�� and other rules - Renewal Dates and Requirements - Definitions - General Provisions - Brokers and Salespersons - Property Management - Inactive Status - Continuing Education - Application of Rules - Investigations Committee - Application for Examination - Nonresident License - Application for Examination, p.�407, 1329

24.210.401�� and other rules - Fees - Unprofessional Conduct - Continuing Education - Timeshare Course - Timeshare Exam - Timeshare Renewal - Fee Schedule, p.�947, 1815

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(Board of Respiratory Care Practitioners)

24.101.413�� and other rules - Renewal Dates and Requirements - Fee Schedule - Application for Licensure - Renewals - Inactive Status - Continuing Education Requirements - Traditional Education by Nonsponsored Organizations - Waiver of Continuing Education Requirement - Temporary Permit, p.�574, 1447

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(Board of Sanitarians)

24.216.402�� and other rules - Fee Schedule - Minimum Standards for Licensure - Examination, p.�953, 1817

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(Board of Speech-Language Pathologists and Audiologists)

24.222.301�� and other rules - Definitions - Licensure - Temporary Practice Permits - Supervision - Functions of Aides or Assistants - Continuing Education, p.�2054

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(Board of Veterinary Medicine)

24.225.401�� and other rules - Fees - Infectious Waste - Licensing - Embryo Transfer - Euthanasia Technicians and Agencies - Complaints - Screening Panel - Nonroutine Applications, p.�2062

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LIVESTOCK, Department of, Title 32

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32.2.403�� Diagnostic Laboratory Fees, p.�1285, 1678

32.18.101�� Hot Iron Brands, p.�1294, 1679

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(Board of Horse Racing)

I-VIII�� Advance Deposit Account Wagering on Horse Racing and Greyhound Racing, p.�18

32.28.709�� and other rules - Horse Racing, p.�1861, 41

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MILITARY AFFAIRS, Department of, Title 34

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I-VIII�� Montana Military Family Relief Fund, p.�1870, 43

I-XV�� Montana Military Family Relief Fund, p.�1157

34.7.101�� and other rules - Reimbursement for Life Insurance Premiums Paid by Montana Reserve Component Service Members Serving Outside Montana in a Contingency Operation, p.�1864, 42

34.7.102�� and other rules - Eligibility - Limitations on Reimbursement - Application for Reimbursement - Termination Date; Further Appropriation Required Pertaining to Military Life Insurance Reimbursement - Termination Date - United States Assumes Payment of Premiums or Increases Death Gratuity Pertaining to Military Life Insurance Reimbursement, p.�1154

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NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

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36.12.101�� and other rules - Definitions - Filing Fee Refunds - Objection to Application, p.�1527

36.12.101�� and other rule - Definitions - Basin Closure Area Exceptions and Compliance, p.�1164, 140

36.12.101�� and other rule - Definitions - Reservoir Standards, p.�456, 774, 1098

36.12.102�� and other rule - Forms - Form and Special Fees, p.�2075

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PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

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I-VIII�� Newborn Hearing Screening, p.�2082, 171

I-IX�� Awarding Grants to Carry Out the Purposes of the Montana Community Health Center Support Act, p.�1990

I-XVI��Home and Community Services for Seriously Emotionally Disturbed Youth, p.�2100

37.8.102�� and other rules - Vital Statistics, p.�1768, 2127, 169

37.12.401��Laboratory Testing Fees, p.�581, 973

37.30.404�� and other rule - Vocational Rehabilitation Program Financial Need Standards and Payment for Services, p.�458, 860

37.30.730�� Vocational Rehabilitation Program Provider Fees, p.�1588, 2012

37.40.307��and other rules - Medicaid Nursing Facility Reimbursement, p.�826, 1100

37.57.301�� and other rules - Newborn Screening Tests and Eye Treatment, p.�1790, 44

37.70.305�� and other rules - Low Income Energy Assistance Program (LIEAP) - Low Income Weatherization Assistance Program (LIWAP), p.�584, 974

37.70.401�� and other rules - Low Income Energy Assistance Program (LIEAP) - Low Income Weatherization Assistance Program (LIWAP), p.�1532, 1948

37.78.102�� and other rules - Temporary Assistance for Needy Families (TANF), p.�1296, 1818, 172

37.78.102�� and other rules - Temporary Assistance for Needy Families (TANF), p.�597, 976

37.79.102�� and other rules - Children's Health Insurance Program (CHIP), p.�1591, 49

37.80.101�� and other rules - Child Care Assistance Program, p.�1758, 174

37.82.101�� Medicaid Eligibility, p.�1619, 2131

37.82.435��Medicaid Real Property Liens, p.�1608, 2132

37.85.207�� and other rules - Inpatient Hospital, Outpatient Hospital, and Rural Health Clinic (RHC) Services, p.�957, 1680

37.85.212�� Resource Based Relative Value Scale (RBRVS), p.�462, 1339

37.86.702�� and other rules - Audiology Services - Dental - Outpatient Drug Services - Home Infusion Therapy - Durable Medical Equipment and Medical Supplies - Optometric Services - EPSDT - Transportation - Ambulance Services, p.�1400, 1824

37.86.1101�� and other rule - Medicaid Reimbursement for Dispensing Fees and Outpatient Compound Prescriptions, p.�1611, 53

37.86.1801�� and other rules - Durable Medical Equipment - Medical Supplies, p.�1633, 2134

37.86.2207�� Medicaid Reimbursement for the Therapeutic Portion of Therapeutic Youth Group Home Treatment Services, p.�31

37.86.3607��Case Management Services for Persons With Developmental Disabilities, Reimbursement, p.�1015, 1681

37.86.3701�� and other rules - Case Management Services for Youth With Serious Emotional Disturbance, p.�660, 1197

37.86.5201��and other rules - Disease Management Program, p.�656, 978

37.104.601�� and other rules - Automated External Defibrillators, p.�2094

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PUBLIC SERVICE REGULATION, Department of, Title 38

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38.2.5001�� and other rules - Protective Orders - Protection of Confidential Information, p.�833, 2135

38.5.1902�� Cogeneration and Small Power Production, p.�1020, 2140

38.5.2202�� and other rule - Pipeline Safety, p.�1642, 2145

38.5.6001�� and other rules - Public Utilities - Electricity Suppliers - Natural Gas Suppliers, p.�93

38.5.8301�� and other rule - Renewable Energy Standards for Public Utilities and Electricity Suppliers, p.�1798, 2146

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REVENUE, Department of, Title 42

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I�� Property Tax Refund Hardship Request, p.�1804, 2156

I & II�� Tax Year 2007 Property Tax Credit, p.�1807, 58

I & II�� Taxpayer Qualifications for the 2006 Property Tax Refund, p.�845, 1101

I-III�� Property Tax Incentives for New Investment, Development Research, and Technology Related to Renewable Energy, p.�1878

I-IV�� Biodiesel and Biolubricant Tax Credit, p.�1892, 61

42.2.304�� and other rules - General Department Rules, p.�2000

42.4.118�� and other rules - Alternative Energy Tax Credits, p.�1913

42.4.502�� Capital Gain Credit, p.�1896, 57

42.4.1603��and other rule - New and Expanded Industry Credits, p.�1889, 60

42.4.2701�� and other rule - Qualified Endowment, p.�1885, 62

42.4.3102�� and other rule - Contractor's Gross Receipts Taxes, p.�1883, 63

42.4.3301�� and other rules - Movie, Television, and Related Media Tax Credits, p.�1919, 64

42.15.108�� and other rules - Individual Income Taxes, p.�1905, 178

42.17.101�� and other rules - Mineral Royalty Backup Withholding, p.�1647, 2151

42.17.105�� and other rules - Estimated Tax Payments, p.�1900, 65

42.18.128�� and other rule - Property Taxes - Appraisal Plan Definitions and Disabled Veterans, p.�1645, 2155

42.21.113�� and other rules - Personal, Industrial, and Centrally Assessed Property Taxes, p.�1412, 1826

42.31.501�� Telecommunications License and Telecommunications Excise Tax, p.�1655

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SECRETARY OF STATE, Office of, Title 44

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1.2.419�� Scheduled Dates for the 2008 Montana Administrative Register, p.�1310, 1682

44.2.101�� and other rules - Commissioning of Notaries Public, p.�1923, 66

44.14.301��and other rules - Records and Information Management Fees, p.�1175, 1685

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(Commissioner of Political Practices)

44.10.331�� Limitations on Receipts from Political Committees to Legislative Candidates, p.�1172, 1684