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| Montana Administrative Register Notice 4-17-242 | No. 20 10/27/2017 | |
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BEFORE THE DEPARTMENT OF AGRICULTURE OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On November 21, 2017, at 10:00 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 302 N. Roberts, Helena, Montana, to consider the proposed adoption of the above-stated rules.
2. The Department of Agriculture 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 the Department of Agriculture no later than 5:00 p.m. on November 17, 2017, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, 302 N. Roberts, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail [email protected].
3. The rules as proposed to be adopted provide as follows:
NEW RULE I MEDIATION SERVICES OF THE DEPARTMENT (1) The department may provide mediation to federal and state programs for which it is designated or has contractually agreed to provide services. (2) The department may provide additional mediation services for other agricultural disputes if it does not have a direct conflict. (3) The department may only provide these services if it has sufficient staff and funds available.
AUTH: 80-1-102, 80-11-103, 80-12-301, MCA IMP: 80-1-102, 80-11-103, 80-12-301, MCA
NEW RULE II REQUEST FOR MEDIATION SERVICES (1) A party wishing to use the department′s mediation services for a mediation will request in writing that the department schedule a mediation. (2) The request must state the parties involved and the nature of the dispute. (3) The department will either send out a formal Notice of Mediation or Denial of Mediation under [New Rule VI]. (4) For a mediation to be docketed, both parties must consent to it.
AUTH: 80-1-102, 80-11-103, 80-12-301, MCA IMP: 80-1-102, 80-11-103, 80-12-301, MCA
NEW RULE III FEES (1) The department will charge $200 per hour for mediations. (2) The parties will split the total cost equally and each party will be responsible for their portion of each mediation. (3) These fees are to be paid at the end of each session.
AUTH: 80-1-102, 80-11-103, 80-12-301, MCA IMP: 80-1-102, 80-11-103, 80-12-301, MCA
NEW RULE IV MEDIATION CONFIDENTIALITY (1) The mediation is confidential to the extent allowed by state law with all the exceptions allowed in state law. (2) The department will not have any liability for violations of this confidentiality but will strive to protect it to the extent allowed by law.
AUTH: 80-1-102, 80-11-103, 80-12-301, MCA IMP: 26-1-813, 80-1-102, 80-11-103, 80-12-301, MCA
NEW RULE V TRAINING (1) The department may train its own staff for mediation and may open these trainings up to non-departmental staff including but not limited to other state agencies and law students. (2) If non-departmental staff is trained they may be charged a fee of up to $100 per hour.
AUTH: 80-1-102, 80-11-103, 80-12-301, MCA IMP: 80-1-102, 80-11-103, 80-12-301, MCA
NEW RULE VI DENIAL OF MEDIATION SERVICES (1) If the department is unable or unwilling to provide mediation services, it will inform the requesting party of that fact and to the extent allowed provide the reason for the denial.
AUTH: 80-1-102, 80-11-103, 80-12-301, MCA IMP: 80-1-102, 80-11-103, 80-12-301, MCA
REASON: The Department of Agriculture is broadly tasked with assisting federal and state actors to benefit the development and continuation of agricultural practices in Montana. Access to low cost alternatives to litigation is a need of the agricultural sector and the department can provide the mediation services needed.
ECONOMIC IMPACT: The department estimates that the service will be used between 20 – 50 times per year. With the proposed fees it will cover its costs of training and staffing the service with existing FTEs. The service represents a massive savings to users that successfully mediate their claim and avoid litigation.
4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Cort Jensen, Department of Agriculture, 302 N. Roberts, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail [email protected], and must be received no later than 5:00 p.m., November 27, 2017.
5. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing.
6. 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 4 above or may be made by completing a request form at any rules hearing held by the department.
7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
8. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Cort Jensen /s/ Ben Thomas Cort Jensen Ben Thomas Rule Reviewer Director Agriculture
Certified to the Secretary of State October 16, 2017.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
