BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the adoption of ARM New Rules I through VIII and repeal of 4.12.1320, 4.12.1321, and 4.12.1432 relating to quarantines and pest management standards

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NOTICE OF ADOPTION AND REPEAL

 

TO:      All Concerned Persons                                          

 

            1.  On February 12, 2009, the Montana Department of Agriculture published MAR Notice No. 4-14-160 relating to the public hearing on the proposed adoption and repeal of the above-stated rules at page 118 of the 2009 Montana Administrative Register, Issue Number 3.

 

            2.  On March 5, 2009, the Montana Department of Agriculture held a public hearing on the proposed adoption and repeal of the above stated rules.

 

3.  The department has thoroughly considered the comment received.  A summary of the comment received and the department's response follows:

 

COMMENT #1  The department received one comment advocating for a higher top penalty in the penalty matrix.

 

RESPONSE #1  The maximum penalty is set by law and cannot be changed by a rule.

 

4.  The agency has adopted ARM New Rule I (4.12.1301), New Rule II (4.12.1302), New Rule III (4.12.1303), New Rule IV (4.12.1304), New Rule V (4.12.1305), New Rule VI (4.12.1306), New Rule VII (4.12.1307), New Rule VIII (4.12.1308), and repealed 4.12.1320, 4.12.1321, and 4.12.1432 exactly as proposed.

 

DEPARTMENT OF AGRICULTURE

 

 

 

 

/s/ Ron de Yong                                                  /s/ Cort Jensen                                       

Ron de Yong, Director                                        Cort Jensen, Rule Reviewer

 

Certified to the Secretary of State, March 16, 2009.