RECENT RULEMAKING BY AGENCY
The Administrative Rules of Montana (ARM) is a compilation of existing permanent rules of those executive agencies that have been designated by the Montana Administrative Procedure Act for inclusion in the ARM. The ARM is updated through December 31, 2017. This table includes notices in which those rules adopted during the period September 30, 2017, through December 31, 2017, occurred and any proposed rule action that was pending during the past 6-month period. (A notice of adoption must be published within six months of the published notice of the proposed rule.) This table does not include the contents of this issue of the Montana Administrative Register (MAR or Register).
To be current on proposed and adopted rulemaking, it is necessary to check the ARM updated through December 31, 2017, this table, and the table of contents of this issue of the Register.
This table indicates the department name, title number, notice numbers in ascending order, the subject matter of the notice, and the page number(s) at which the notice is published in the 2017 and 2018 Montana Administrative Registers.
To aid the user, this table includes rulemaking actions of such entities as boards and commissions listed separately under their appropriate title number.
ADMINISTRATION, Department of, Title 2
2-2-568 Procedural Rules, p. 1, 426
2-13-566 Public Safety Answering Point Certification, Funding, and Monitoring, p. 2363, 427
2-13-574 Public Safety Answering Point - Allowable Uses of Funds - Decertification and Funding Reduction - Reporting, Monitoring, and Recordkeeping, p. 351, 608, 1021
2-21-557 Recruitment and Selection Policy, p. 1309, 90, 571
2-21-563 Employee Records Management Policy, p. 1316, 1443, 92
2-59-567 Renewal Fees for Mortgage Brokers, Lenders, Servicers, and Originators, p. 7
2-59-570 Regulation of Privately Insured Credit Unions, p. 124, 628
2-59-571 Annual Reporting for Consumer Loan Licensees - Escrow Business Reference Updates - Mortgage Definitions - Mortgage Renewal Fees - Escrow Funds Held by Mortgage Companies, p. 357, 822
(Public Employees' Retirement Board)
2-43-564 Adoption by Reference of the State of Montana Public Employee Defined Contribution Plan Document and the State of Montana Public Employee Deferred Compensation (457) Plan Document, p. 4, 433
2-43-565 Investment Policy Statement for the Defined Contribution Retirement Plan - Investment Policy Statement for the 457(b) Deferred Compensation Plan, p. 354, 821
(State Lottery Commission)
2-63-575 Definitions - Retailer Applications, Required Rule Reading, Bonding, and Commission - Licenses - Business Changes - Electronic Funds Transfer - Tickets - Prizes - Winner Redemptions, p. 908, 1155
(Board of County Printing)
2-67-569 Rates for County Legal Advertising, p. 230, 610, 1100
(Office of the State Public Defender)
2-69-573 Model Rules - Definitions - Determination of Indigency - Reasonable Compensation, p. 364, 716
AGRICULTURE, Department of, Title 4
4-17-243 Montana Pulse Crop Committee, p. 2373, 301, 823, 1101
4-17-244 Montana Cherry Research and Market Development Program, p. 2379, 302
4-18-245 Montana State Grain Laboratory Fee Schedule, p. 127, 629
4-18-246 Fertilizer Regulations, p. 134, 630
4-18-247 Feed and Pet Food Regulations, p. 138, 631
4-18-248 Pesticide Registration Regulations, p. 758
4-18-249 Pesticide Container Recycling Program - Waste Pesticide Disposal Program, p. 763
STATE AUDITOR, Office of, Title 6
(Commissioner of Securities and Insurance)
6-237 Medicare Supplement Insurance, p. 1542, 572, 969
6-240 Independent Liability Fund Definitions and Penalties, p. 10, 825
6-241 and other rules - Valuation of Life Insurance Policies, p. 13, 826
6-242 Public Adjusters, p. 142, 1022
6-243 Health Maintenance Organizations, p. 369, 1102
6-244 Annual Audited Financial Reports, p. 996
COMMERCE, Title 8
8-94-156 Governing the Submission and Review of Applications for Funding Under the Treasure State Endowment Program (TSEP), p. 512, 827
8-94-157 Administration of the 2019 Biennium Federal Community Development Block Grant (CDBG) Program – Planning Grants, p. 515, 828
8-111-158 Definitions - Housing Credit Allocation Procedure, p. 517, 828
EDUCATION, Title 10
(Board of Public Education)
10-55-282 Suicide Prevention in Schools, p. 1001
10-57-283 Teacher Licensure, p. 1004
10-64-281 School Bus Requirements, p. 2381, 303
10-64-282 School Bus Requirements, p. 611, 1024
(Office of Public Instruction)
10-1-129 Soliciting Applications for Membership on a Negotiated Rulemaking Committee to Amend ARM 10.55.701 to Require a Policy for Implementation of All Hazard Emergency and Response Plans, p. 771
10-1-130 Soliciting Applications for Membership on a Negotiated Rulemaking Committee to Amend ARM 10.56.101 Pertaining to the Policies and Procedures for Standardized Test Administration Using the Required Statewide Assessments, p. 998, 1085
FISH, WILDLIFE AND PARKS, Department of, Title 12
12-479 Wildlife Habitat Noxious Weed Grant Program, p. 17, 632
12-480 Pilot Program for Aquatic Invasive Species in the Flathead Basin, p. 23, 586
12-482 Classes of License Agents and Acceptable License Agent Security, p. 520, 970
12-483 Closing the Smith River From Camp Baker to Eden Bridge, p. 718
12-486 Closing Sha-Ron Fishing Access Site, Kelly Island Fishing Access Site, Kona Bridge Fishing Access Site, Harper's Bridge Fishing Access Site, Deep Creek Fishing Access Site, and Council Grove State Park in Missoula County, p. 1027
12-487 Closing a Portion of the Clark Fork River From the Reserve Street Bridge to the Kona Bridge in Missoula County, p. 1031
12-488 Closing the Medicine River Fishing Access Site in Cascade County, p. 1033
12-489 Closing a Portion of Noxon Reservoir in Sanders County, p. 1106
12-490 Closing Dunes Fishing Access Site in Cascade County, p. 1108
12-491 Closing Lost Creek State Park in Deer Lodge County, p. 1157
12-492 Closing a Portion of the Clark Fork River From the Reserve Street Bridge to the Kelly Island Fishing Access Site in Missoula County, p. 1159
12-493 Closing a Portion of Noxon Reservoir in Sanders County, p. 1161
(Fish and Wildlife Commission)
12-475 Recreational Use on the Bitterroot River, p. 1451, 434, 717
12-485 Wake Restrictions Near Broadwater Bay of the Missouri River, p. 917
ENVIRONMENTAL QUALITY, Department of, Title 17
17-392 Adoption of a New Version of Department Circular DEQ-8, p. 1580, 522
17-394 Wind Generation Facility Decommissioning and Bonding, p. 1995, 94
17-396 Nutrient Standards Variances, p.377, 1110
(Board of Environmental Review)
17-393 Incorporation by Reference - Definitions - Applicability - Operating Permit Program Overview - Applicability of Air Quality Rules, p. 1933, 438
17-395 Water Quality Standards, p. 2383, 830
17-397 Air Quality Operation Fees, p. 1132
TRANSPORTATION, Department of, Title 18
18-166 Motor Fuels Tax Collection and IFTA, p. 148, 588
18-168 Motor Carrier Services Safety Requirements, p. 681, 1035
18-169 Motor Carrier Services Safety Requirements, p. 1007
18-170 Right-of-Way Occupancy by Water and Sewer Facilities, p. 920
18-171 Electronic Submission of Transportation Construction Bids, p. 1086
(Transportation Commission)
18-167 Outdoor Advertising Control, p. 525, 971
CORRECTIONS, Department of, Title 20
20-4-64 Facilities Exempt From Geographic Restrictions Applicable to High-Risk Sexual Offenders, p. 684
20-7-68 Residential Methamphetamine Treatment Programs, p. 1092
20-24-67 Board of Crime Control, p. 1113
JUSTICE, Department of, Title 23
23-2-248 Affidavit of Indigence - Statement of Inability to Pay Court Costs and Fees, p. 1724, 176
23-3-246 Ignition Interlock Devices, p. 1598, 589
23-3-251 Imposition of an Administrative Fee for Alcohol or Drug Test Refusal, p. 1010
23-12-250 Investigative Complaint Review - Student's Ranking at the Montana Law Enforcement Academy, p. 2388, 304
LABOR AND INDUSTRY, Department of, Title 24
Boards under the Business Standards Division are listed in alphabetical order by chapter following the department notices.
24-11-329 Unemployment Insurance, p. 153, 638
24-16-331 Payment of Wages, Minimum Wage, and Overtime, p. 25, 439
24-17-327 Prevailing Wage Rates for Public Works Projects, p. 2009, 183
24-17-334 Classification of Workers for Heavy Construction Services on Public Works Projects, p. 232, 841
24-21-332 Employer Apprenticeship Tax Credit, p. 163, 639
24-29-330 Value of Housing Furnished by an Employer for Workers' Compensation Purposes, p. 2391, 640
24-29-335 Workers' Compensation Facility Service Rules and Rates and Conversion Factors, p. 613, 1036
24-33-333 Construction Contractor Registration - Independent Contractor Central Unit, p. 235, 720
24-301-337 Operation of the Underground Facilities Protection Program, p. 1135
(Workers' Compensation Court)
24-5-328 Annual Review - Pretrial Identification of Witnesses and Exhibitions - Withdrawal of Attorney, p. 2111, 305
(Board of Personnel Appeals)
24-26-336 Public Sector Collective Bargaining, p. 382
(Board of Alternative Health Care)
24-111-26 Definitions - Fees - Nonroutine Applications - Naturopathic Physician Natural Substance Formulary List - Direct-Entry Midwife Apprenticeship Requirements - Direct-Entry Midwife Protocol Standard List Required for Application - Licensing by Examination - Licensure of Out-of-State Applicants - Conditions Which Require Physician Consultation or Transfer of Care - Midwives Continuing Education Requirements, p. 34, 976
(Board of Barbers and Cosmetologists)
24-121-16 Definitions - Fees - Nonroutine Applications - Premises and General Requirements - Licensure by Credentialing With an Out-of-State License - Application for Postsecondary School Licensure - Application for Instructor License - Credited Hours for Montana-Licensed Individuals in a Cosmetology or Barbering Program - Instructor Requirements–Teacher-Training Programs - Salons/Booth Rental - Implements, Instruments, Supplies, and Equipment - Sanitizing and Disinfecting Implements and Equipment - Foreign-Educated Applicants, p. 925
(Board of Chiropractors)
24-126-36 Fees - Fee Abatement - Applications - Military Training or Experience - License by Examination - Temporary Permit - License by Endorsement - Display of License - Inactive Status and Conversion to Active Status - Intern and Preceptor Registration - Impairment Evaluator Standards - Continuing Education Requirements - Approved Continuing Education, p. 45, 645
(Board of Dentistry)
24-138-74 Functions for Dental Hygienists - Limited Access Permit Treatment Guidelines–Practicing Under Public Health Supervision - Dental Hygiene Limited Access Permit - Subject Matter Acceptable for Dentist and Dental Hygienist Continuing Education - Requirements and Restrictions - Limited Prescriptive Authority–Qualifications–Allowable Percentages of Topical Agents, p. 386
(State Electrical Board)
24-141-38 Military Training or Experience - Unprofessional Conduct - Screening Panel - Board Meetings - Apprentice Registration - Renewals - Complaint Procedure, p. 1743, 306
(Board of Funeral Service)
24-147-39 Definitions - Inspections – Mortuaries, Branch Establishments, and Crematories - Transportation and Custody of Human Remains - Out-of-State Mortician Licenses - Mortuary and Branch Establishment Operation Standards - Mortuary and Branch Establishment Licenses and Temporary Permits - Crematory Licenses, Temporary Permits, and Operation Standards - Continuing Education Requirements – Morticians - Unprofessional Conduct - Mortician Licenses - Examinations - Name Change, Closure, Transfer, or Sale – Mortuary, Branch Establishment, Crematory, or Cemetery - Change of Mortician-In-Charge or Crematory Operator-In-Charge - Nonlicensed Personnel - Sponsors, p. 2251, 440
(Board of Massage Therapy)
24-155-7 Licensure by Examination - Licensure of Out-of-State Applicants - Continuing Education Requirements - Unprofessional Conduct - School Instructors and Assistants Requiring a License in Massage Therapy and Exemption, p. 618, 1038
(Board of Medical Examiners)
24-156-84 Fee Schedule - Examination - Renewals - Purpose and Authority - Definitions - Fees - Ankle Surgery Certification - Surgery Certification - Accreditation, Approval, and Standards - Physician Assistant Fees - Obligation to Report to Board - Medical Assistant–Delegation and Supervision - Practice Requirements for Physicians Using Telemedicine - Medical Assistant - Effect of Telemedicine License, p. 936
(Board of Nursing)
24-159-84 Direct Supervision and Standards Related to the Practical Nurse's and Registered Nurse's Role in Cosmetic Procedures, p. 1232, 186
24-159-85 Definitions - Enhanced Nurse Licensure Compact Rules - Issuance of a License by a Compact State - Limitations on Multistate Licensure Privilege–Discipline - Information System, p. 624, 947
(Board of Optometry)
24-168-43 Licensure Requirements - Military Training or Experience - General Practice Requirements - Unprofessional Conduct - Screening Panel - Ophthalmological Diagnostic Permissible Drugs, p. 1474, 307, 442
(Board of Outfitters)
24-171-38 Outfitter Assistants - Unprofessional Conduct and Misconduct, p. 530
(Board of Pharmacy)
24-174-70 Examination for Licensure as a Registered Pharmacist - Requirements to Become a Clinical Pharmacist Practitioner - Requirements for Submitting Prescription Registry Information to the Board - Screening Panel - Complaint Procedure - Legal Suspension or Revocation, p. 535
(Board of Physical Therapy Examiners)
24-177-34 Military Training or Experience - Foreign-Trained Physical Therapist Applicants - Continuing Education - List of Licensed Physical Therapists, p. 1748, 443
(Board of Psychologists)
24-189-38 Renewal Dates and Requirements - Psychologist Application Procedures - Minimum Standards - Work Samples-Examinations - Licensure as a Psychologist by Experience (Senior) - Nonroutine Psychologist Applications - Nonroutine Behavior Analyst or Assistant Behavior Analyst Applications, p. 2394, 844
24-189-39 Application Procedures for Behavior Analysts and Assistant Behavior Analysts, p. 540, 978
(Board of Real Estate Appraisers)
24-207-41 Qualifying and Continuing Education Requirements, p. 56, 722
(Board of Realty Regulation)
24-210-44 Definitions - Fee Schedule - Trust Account Requirements - General License Administration Requirements - Inactive Licenses - Inactive to Active License Status - Renewals - Unprofessional Conduct - Disciplinary Guidelines–Public Notice - Property Management Trust Account Requirements - Inactive Status - Unprofessional Conduct for Property Management Licensees, p. 2400, 1163
(Board of Sanitarians)
24-216-23 Fee Schedule - Examination - Sanitarian-in-Training - Continuing Education - Inactive Status and Conversion From Inactive to Active Status - Unprofessional Conduct - Board Meetings - Seal of the Board - Applications - Renewal, p. 949
(Board of Behavioral Health)
24-219-31 Certification of Behavioral Health Peer Support Specialists (CBHPSS), p. 1757, 444
(Board of Veterinary Medicine)
24-225-40 Definitions - Nonroutine Applications - Temporary Permits - Veterinarian Licenses - Veterinarian Examinations - Licensure of Out-of-State Veterinarian - Continuing Education - Continuing Education Instructors - Record-Keeping Standards - Management of Infectious Wastes - Inspection and Sanitation - Occasional Case Exemption, p. 774
LIVESTOCK, Department of, Title 32
32-17-286 Deeded Land Grazing Permits - Freeze Branding - County Line Grazing Permits - Brands Enforcement Division Fees, p. 252, 648
32-17-287 Animal Health Division Fees, p. 59, 449
32-18-289 Board Oversight of Agency Actions, p. 391, 543, 846
(Board of Milk Control)
32-18-288 Milk Control Assessments, p. 62, 450
NATURAL RESOURCES AND CONSERVATION, Department of, Title 36
36-12-196 Water Right Permitting, p. 1485, 1608, 451
PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37
37-797 Updating Durable Medical Equipment Rules to Reflect a Sole-Source Provider for the Purchase of Breast Pumps, p. 773, 2140, 189
37-800 Expanding the Children's Special Health Services, p. 257, 847
37-811 Federal Child Care and Development Block Grant Reauthorization Act - Disaster and Emergency Planning - Health and Safety Requirements for Child Care Facilities, p. 2141, 308, 591, 1115
37-814 Revisions in Immunization Requirements for Attendance in Child Care Facilities and in Foster Homes, p. 2022, 191, 724
37-818 Direct Care Wage Effective Dates, p. 2034, 196
37-820 Montana Medical Marijuana Program, p. 2037, 321, 592
37-823 Low Income Energy Assistance Program (LIEAP), p. 2173, 108
37-824 Updating Residential Treatment Facilities Rules, p. 260, 848
37-826 Medicaid Auditor Evaluation Hearings, p. 687, 1166
37-827 Child Care Assistance Program's Implementation of Amendments to the Child Care and Development Block Grant Act and Final Rules at 45 CFR Part 98, p. 2418, 457
37-828 Medicaid Rate, Service, and Benefit Changes, p. 67, 458
37-830 Foster Care Licensing Requirements, p. 394, 849
37-831 Update of the Supplemental Nutrition Program for Women, Infants, and Children (WIC), p. 788, 1040
37-832 Increase of Laboratory Fees, p. 265, 649
37-833 Passport to Health Program Updates - Repeal of Health Improvement Program Rules, p. 268, 650
37-834 Update of the Healthcare Effectiveness Data and Information Set (HEDIS), p. 793, 1167
37-835 Adult Mental Health and Substance Use Disorder, p. 273, 725
37-836 Discontinuance of the Supplemental Disproportionate Share Hospital Payment, p. 545, 797, 1041
37-837 Child Care Assistance Program's Implementation of Amendments to the Child Care and Development Block Grant Act and Final Rules at 45 CFR Part 98, p. 690
37-838 Updating Medicaid Fee Schedules With Medicare Rates - Updating Effective Dates, p. 798, 1116
37-839 Montana Medical Marijuana Program, p. 711
37-840 Medicaid Outpatient Drug Services, p. 956
37-841 Healthy Montana Kids (HMK) Dental Benefits, p. 811, 1168
37-842 Hospice Reimbursement and Updates, p. 960
37-843 Durable Medical Equipment (DME), p. 964
37-844 Clarifying Contents of Healthy Montana Kids (HMK) Evidence of Coverage, p. 1013
37-845 Nursing Facility Reimbursement Rates for State Fiscal Year 2019, p. 1016
37-851 Updating Medicaid Fee Schedules and Effective Dates, p. 1096, 1169
37-852 Home and Community-Based Services (HCBS) Waiver Programs, p. 1142
37-853 Updating the Federal Poverty Index Guidelines for the Montana Telecommunications Access Program (MTAP), p. 1146
37-854 Updating Medicaid Fee Schedules and Effective Dates, p. 1149
PUBLIC SERVICE REGULATION, Department of, Title 38
38-5-238 Pipeline Safety, p. 2274, 334
38-5-239 Small Water Utility Rules, p. 166
38-5-240 Creation of a Legally Enforceable Obligation Involving Qualifying Facilities - Access to Avoided Cost Modeling Data for a Qualifying Facility - Definitions, p. 550
REVENUE, Department of, Title 42
42-2-988 Office of Dispute Resolution (ODR), p. 294, 652
42-2-989 Pension and Annuity Income Exclusions - Dependent Exemptions - Medical Care Savings Accounts, p. 398, 851
42-2-990 Withholding Taxes, p. 413, 853
42-2-991 Apportionment and Allocation of Income Reported by Pass-Through Entities and Guaranteed Payments to Individual Partners, p. 419, 854
42-2-992 Quota Areas - Competitive Bidding Process for Alcoholic Beverage Licenses, p. 555
42-2-993 Oil and Gas Tax Rates, p. 814, 1170
42-2-994 Office of Dispute Resolution (ODR) Liquor License Protests and Liquor Matters, p. 818, 1171
42-2-995 Deduction Provided Under IRC 199A - Not Allowed for the Determination of Montana Net Income, p. 1153