BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the adoption of NEW RULE I and the amendment of ARM 37.5.301 pertaining to formal and informal hearing and appeal procedures concerning the Children's Mental Health Bureau

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NOTICE OF ADOPTION AND AMENDMENT

 

TO: All Concerned Persons

 

1. On July 8, 2016, the Department of Public Health and Human Services published MAR Notice No. 37-756 pertaining to the public hearing on the proposed adoption and amendment of the above-stated rules at page 1156 of the 2016 Montana Administrative Register, Issue Number 13.

 

2. The department has adopted the following rule as proposed: New Rule I (37.5.114).

 

3. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

          37.5.301 APPLICABILITY (1) This rule and ARM 37.5.304, 37.5.307, 37.5.310, 37.5.313, 37.5.316, 37.5.318, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334, and 37.5.337 apply only to hearings in the program areas specified in ARM 37.5.101, 37.5.103, 37.5.105, 37.5.107, 37.5.109, 37.5.113, 37.5.114, 37.5.115, 37.5.117, 37.5.119, 37.5.121, 37.5.123, 37.5.125, 37.5.127, 37.5.129, 37.5.131, and 37.5.301, and [NEW RULE I], and must not be construed to grant a right to hearing in any other matter.

          (2) remains as proposed.

          (3) Where a right to a hearing is granted in ARM 37.5.103, 37.5.105, 37.5.107, 37.5.109, 37.5.113, 37.5.114, 37.5.115, 37.5.117, 37.5.119, 37.5.121, 37.5.123, 37.5.125, 37.5.127, and 37.5.129, and [NEW RULE I], or any other rule of the department, the right to hearing is not absolute but is subject to all applicable provisions of these rules and other applicable law.

 

AUTH:  50-1-202, 53-2-201, 53-6-113, MCA

IMP:  41-3-1103, 41-3-1142, 42-10-104, 50-1-202, 50-4-612, 50-5-103, 50-6-103, 50-6-402, 50-15-102, 50-15-103, 50-15-121, 50-15-122, 50-31-104, 50-52-102, 50-53-103, 52-1-103, 52-2-111, 52-3-406, 53-2-201, 53-2-904, 53-4-202, 53-4-212, 53-4-606, 53-4-1004, 53-6-111, 53-6-113, 53-6-131, 53-6-402, 53-20-305, 53-24-208, 69-8-412, MCA

 

4. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT #1: Upon review of the original proposed MAR notice, it was discovered that New Rule I (37.5.114) was inadvertently placed in the wrong location.  ARM 37.5.114 should have been placed in numerical order in the list of rules in (1) and (3).

 

RESPONSE #1: The department is amending the proposed notice by moving ARM 37.5.114 from the end of the list and placing it after ARM 37.5.113 in (1) and in (3).

 

 

 

/s/ Brenda K. Elias                                 /s/ Richard H. Opper                            

Brenda K. Elias, Attorney                       Richard H. Opper, Director

Rule Reviewer                                        Public Health and Human Services

         

Certified to the Secretary of State September 12, 2016.