BEFORE THE DEPARTMENT OF COMMERCE
OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On June 8, 2013 the Department of Commerce proposes to repeal the above-stated rules.
2. The Department of Commerce will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Commerce no later than 5:00 p.m. on May 1, 2013, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Paralegal, Director's Office, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; TDD (406) 841-2702; or e-mail [email protected].
3. The department proposes to repeal the following rules:
8.97.801 PURPOSE
AUTH: 90-8-105, MCA
IMP: 90-8-103, MCA
8.97.802 DEFINITIONS
AUTH: 90-8-105, MCA
IMP: 90-8-101, 90-8-104, 90-8-201, 90-8-202, MCA
8.97.803 APPLICATION PROCEDURE TO BECOME A "CERTIFIED" MONTANA CAPITAL COMPANY
AUTH: 90-8-105, MCA
IMP: 90-8-202, 90-8-204, MCA
8.97.804 APPLICATION PROCEDURE TO BECOME A "QUALIFIED" MONTANA CAPITAL COMPANY
AUTH: 90-8-105, MCA
IMP: 90-8-201, 90-8-202, 90-8-204, MCA
8.97.805 COMPLETED APPLICATIONS DATE
AUTH: 90-8-105, MCA
IMP: 90-8-201, 90-8-202, 90-8-204, MCA
8.97.806 AMENDMENT OF APPLICATION
AUTH: 90-8-105, MCA
IMP: 90-8-201, 90-8-202, 90-8-204, MCA
8.97.807 ALLOCATION OF TAX CREDITS
AUTH: 90-8-705, MCA
IMP: 90-8-202, MCA
8.97.808 QUARTERLY REPORTING OF QUALIFIED INVESTMENTS
AUTH: 90-8-105, MCA
IMP: 90-8-104, 90-8-312, MCA
8.97.809 RESERVATION OF TAX CREDITS
AUTH: 90-8-105, MCA
IMP: 90-8-104, 90-8-202, MCA
REASON: The Department of Commerce and Board of Investments have determined there is reasonable necessity to repeal ARM 8.97.801 through 8.97.809 because Section 7, Ch. 9, L. 2011 (House Bill 0044) repealed the Montana Capital Company Act. These rules are no longer necessary and have no effect.
4. Concerned persons may submit their data, views, or arguments in writing to: Bonnie Martello, Director's Office, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; or e-mail [email protected], and must be received no later than 5:00 p.m., June 6, 2013.
5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Bonnie Martello at the above address no later than 5:00 p.m., June 6, 2013.
6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons 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 hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in section 4 above or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ G. Martin Tuttle /s/ Meg O'Leary
G. Martin Tuttle Meg O'Leary
Rule Reviewer Director
Department of Commerce
Certified to the Secretary of State April 26, 2013.