Administrative Rules of the State of Montana

BEFORE THE

OF THE STATE OF MONTANA

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In the matter of the of I through XV pertaining to the Montana military family relief fund

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NOTICE OF PROPOSED

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NO PUBLIC HEARING CONTEMPLATED

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TO: All Concerned Persons

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1. On 22, 20, the proposes to the above-stated rules.

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2. The 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 no later than :00 p.m., September 10, 2007, to advise us of the nature of the accommodation that you need. Please contact Karen Revious, Administrator, Centralized Services, Department of Military Affairs, ATTN: Centralized Services, P.O. Box 4789, 1900 Williams Street, Fort Harrison, Montana 59636-4789; telephone (406) 324-3330; fax (406) 324-3335; or e-mail [email protected].

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3. The as proposed to be adopted as follows:

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NEW RULE I DEFINITIONS For purposes of this chapter, the following definitions apply:

(1) "Active duty" has the meaning provided in 38 USC 1965(1)(A) and generally means full-time duty in the armed forces, other than active duty for training.

(2) "Application" means MMFRF Form 1, MMFRF Form 2, or MMFRF Form 3, as applicable, and the supporting documentation required by these rules.

(3) "Contingency operation" means an assignment within the provisions of 10 USC 101(a)(13).

(4) "Family member" means a person who has been approved as a dependent of a member and is enrolled as a dependent of the member in the defense enrollment eligibility reporting system of the United States Department of Defense.

(5) "Fund" means the Montana military family relief fund established in Ch. 311, L. 2007.

(6) "Member" means a Montana resident who is a member of the Montana national guard or reserve, as defined in 38 USC 101, and who on or after July 1, 2007, is in active duty for federal service in a contingency operation.

(7) "National guard" has the meaning provided in 10-1-101, MCA.

(8) "Reserve" means a Montana resident who is a member of a reserve component, as defined in 38 USC 101, of the United States armed forces.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE II APPLICATION FOR STATUS-BASED GRANT (1) The grant applicant must include and/or show proof of the following:

(a) Completed MMFRF Form 1.

(b) He or she is a family member or the guardian of a family member; the member is a resident of Montana; and the member was activated for federal service in a contingency operation for at least 30 consecutive days.

(i) Proof of active duty for federal service in a contingency operation will consist of a copy of the orders issued by an authorized headquarters ordering the member to such duty for more than 30 days.

(ii) If a custodial parent or guardian is applying for a grant on behalf of a family member, then the custodial parent or guardian must provide proof of guardianship of a family member currently enrolled in the Defense Enrollment Eligibility Reporting System (DEERS).

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE III APPLICATION FOR NEEDS-BASED GRANT (1) The grant applicant must include and/or show proof of the following:

(a) Completed MMFRF Form 2.

(b) He or she is a member or a family member; the member is a resident of Montana; and the member was activated for federal service in a contingency operation for at least 30 consecutive days.

(i) a copy of a payroll record from the member's civilian employer that indicates the member's monthly salary plus a copy of a military payroll record that indicates the member's monthly salary; alternatively, the applicant must provide proof that the member's monthly military pay and allowances, combined, are at least 30% less than the member's monthly civilian wages or income; or

(ii) proof that the member or family member is experiencing a significant emergency that warrants financial assistance, including, but not limited to, specific monetary expenses related to clothing, food, housing, utilities, medical services, medical prescriptions, insurance, or vehicle payments. Such proof shall include, but is not limited to, a copy of a bill, invoice, estimate, cancellation notice, or any other similar record.

(d) Proof of active duty for federal service in a contingency operation will consist of a copy of the orders issued by an authorized headquarters ordering the member to such duty for more than 30 days.

(e) If a custodial parent or guardian is applying for a grant on behalf of a family member, then the custodial parent or guardian must provide proof of guardianship of a family member currently enrolled in Defense Enrollment Eligibility Reporting System (DEERS).

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE IV APPLICATION FOR CASUALTY-BASED GRANT (1) The grant applicant must include and/or show proof of the following:

(a) Completed MMFRF Form 3.

(b) He or she is a member; the member is a resident of Montana; and the member was activated for federal service in a contingency operation for at least 30 consecutive days.

(c) The Purple Heart is proof of a nonfatal injury received in the course of or related to combat as a direct result of hostile action.

(d) The Adjutant General is authorized to waive the 30-day requirement in (1)(b) upon a written request indicating the circumstances justifying such a waiver. The Adjutant General may use discretion in granting or denying such requests.

(e) Proof of active duty for federal service in a contingency operation will consist of a copy of the orders issued by an authorized headquarters ordering the member to such duty for more than 30 days.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE V INELIGIBILITY FOR GRANTS (1) A member, who at any time prior to the disbursement of funds pursuant to a grant application receives a punitive discharge or an administrative discharge with service characterized as Under Other Than Honorable Conditions, is ineligible for any grant.

(2) A family member of a member described in (1) is ineligible for any grant.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE VI INELIGIBILITY FOR STATUS-BASED AND NEEDS-BASED GRANTS (1) A member or family member is ineligible for status-based and needs-based grants if, at the time grant application is made, the member holds a rank or pay grade, as those terms are used in Titles 10 and 37 of the United States Code, of:

(a) O-4 (major or lieutenant commander) or higher, if a commissioned officer; or

(b) W-4 (chief warrant officer, W-4) or higher, if a warrant officer.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE VII INELIGIBILITY FOR CASUALTY-BASED GRANT (1) A member is ineligible for a casualty-based grant if:

(a) the injury is as a result of a self-inflicted wound, willful negligence by the member, or other misconduct by the member; or

(b) the injury occurs when the member is in an absence without leave, deserter, dropped from the rolls, or other unauthorized duty status.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE VIII STATUS-BASED GRANT LEVELS AND LIMITS (1) All status-based grants will be a flat rate of $250, unless funds are unavailable.

(2) A family member may receive a grant only one time per State of Montana fiscal year, and only one time per active duty contingency order.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE IX NEEDS-BASED GRANT LEVELS AND LIMITS (1) Grant payments to a member and/or family member shall not exceed $2,000 per active duty contingency order.

(2) No additional applications from a member and/or a member's family shall be accepted within a 180-day time frame from receipt of any prior applications.

(3) The Adjutant General is authorized to waive the requirements in (2) upon a written request indicating the circumstances justifying such a waiver. The Adjutant General may use discretion in granting or denying such requests; however, in no event shall payments authorized by this section exceed $2,000 per active duty contingency order per member and/or family member.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE X CASUALTY-BASED GRANT LEVELS AND LIMITS (1) All casualty-based grants will be a flat rate of $2,000, unless funds are unavailable.

(2) A member may receive only one casualty-based grant for injuries sustained during or arising out of the same contingency operation.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE XI GRANT APPLICATION AND REQUIRED DOCUMENTATION (1) The rules for governing the acceptance of applications are as follows:

(a) Applicants must request, complete, and submit a MMFRF Form 1, MMFRF Form 2, or MMFRF Form 3, as applicable, provided by the Montana Department of Military Affairs.

(b) All necessary documentation, as stated in [NEW RULES II, III, IV], must be included with the application.

(c) Applications must be received by the Department of Military Affairs while the member is mobilized on active duty for federal service in a contingency operation.

(d) Applications may be submitted via facsimile or e-mail, but the original application must be submitted before any grant payments can be authorized.

(e) Incomplete applications will be returned to the applicant.

(f) The Department of Military Affairs, upon receipt of an application, will verify required information under the Defense Enrollment Eligibility Reporting System (DEERS) and will then process the application for payment. The application shall be processed in an expeditious manner.

(g) Applications for casualty-based grants shall take precedence over all others.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE XII NEEDS-BASED GRANT APPLICATION COMMITTEE REVIEW (1) A committee of three members shall review all needs-based grant applications and shall recommend to the Adjutant General approval or denial of each application, and if approval, the proposed amount.

(2) The committee shall be comprised of the Director of the Department of Public Health and Human Services or his/her designee, the Commissioner of Labor and Industry or his/her designee, and the budget director or his/her designee.

(3) Prior to reviewing the grant applications, the committee members will collect any information regarding assistance their respective agencies are currently providing to the member or family members.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE XIII GRANT APPROVAL OR DENIAL (1) The Adjutant General shall review all needs-based grant applications and the recommendations of the committee made under [NEW RULE XII]. After review, the Adjutant General shall either approve or deny each needs-based grant application, and if approving the grant, the amount of said grant. The department shall notify the applicant in writing whether the applicant's application for a grant has been approved or denied and the amount of the grant if approved.

(2) If the Adjutant General denies a grant application, the Adjutant General shall explain the basis for the denial to the applicant in writing.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE XIV APPEAL OF GRANT REQUEST DENIAL (1) An applicant whose grant request is denied may appeal the decision to the Adjutant General in writing.

(2) In writing, the applicant must specifically address the basis for the original denial and provide further proof as to why the applicant's grant request should be approved. Resubmission of the orginal application without additional proof will result in automatic denial of appeal.

(3) The Adjutant General shall consider the applicant's appeal and either affirm or deny the appeal in writing.

(4) There is no further appeal if the Adjutant General denies the applicant's appeal.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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NEW RULE XV GRANT PAYMENTS (1) Payments will be made to an applicant, or to the family member who is entitled to the payment if the applicant is a custodial parent or guardian, who is determined eligible under [NEW RULES II, III, IX, and XII]. Payments will not be made to creditors, and payments will be subject to applicable deductions.

(2) The timeliness of payment will be determined by the amount of funds available at the time of application.

(3) If adequate funds are not available, the application will be held in a queue until funds are available.

(4) Payments for casualty-based grants shall take precedence over all grants. All other payments shall be paid in the order in which they were received and determined eligible.

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AUTH: Ch. 311, L. 2007

IMP: Ch. 311, L. 2007

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REASON: House Bill 179, passed during the 60th legislative session, created a fund from which grants could be awarded to Montana national guard and reserve military members and/or their families. The purpose of the fund is to aid members of the Montana national guard or reserve component who have been activated for federal service in a contingency operation and the families of members.

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4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Karen Revious, Administrator, Centralized Services, , ATTN: Centralized Services, P.O. Box 4789, 1900 Williams Street, Fort Harrison, Montana 59636-4789; telephone (406) 324-3330; fax (406) 324-3335; or e-mail [email protected], and must be received no later than 5:00 p.m., September 20, 20.

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5. If persons who are directly affected by the proposed 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 Karen Revious at the above address no later than 5:00 p.m., September 20, 20.

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6. If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed ; 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. Ten percent of those directly affected has been determined to be 425 based on the number of people or families eligible for the fund.

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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 and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. 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.

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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 the 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.

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9. The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was notified by regular mail on August 13, 2007.

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/s/ Karen Revious�� /s/ Randall D. Mosley

Karen Revious�� Randall D. Mosley

Rule Reviewer�� The Adjutant General

�� Department of Military Affairs�

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Certified to the Secretary of State August 13, 2007.