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 June 30, 2018. This table includes notices in which those rules adopted during the period March 30, 2018, through September 7, 2018, 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 June 30, 2018, 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 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
2-13-574 Public Safety Answering Point - Allowable Uses of Funds - Decertification and Funding Reduction - Reporting, Monitoring, and Recordkeeping, p. 351, 608, 1021
2-13-577 9-1-1 Grants, p. 1322, 1816
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)
2-43-565 Investment Policy Statement for the Defined Contribution Retirement Plan - Investment Policy Statement for the 457(b) Deferred Compensation Plan, p. 354, 821
2-43-576 Commencement of Guaranteed Annual Benefit Adjustment, p. 1209, 1719
(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
4-18-245 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, 1212
4-18-249 Pesticide Container Recycling Program - Waste Pesticide Disposal Program, p. 763, 1213
4-18-250 Analytical Laboratory Fees, p. 1214, 1721
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, 1418
(Classification Review Committee)
6-246 Establishment, Deletion, or Revision of Classifications for Various Industries for Supplementing the NCCI Basic Manual for Workers' Compensation and Employers Liability, p. 1762
COMMERCE, Title 8
8-2-158 Quality Schools Grant Program, p.1456, 1883
8-22-161 Board of Horse Racing, p. 1847
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
8-99-159 Implementation of the Big Sky Economic Development Trust Program, p. 1850
8-99-160 Implementation of the Primary Sector Workforce Training Program, p. 1852
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, 1580
10-57-283 Teacher Licensure, p. 1004, 1582
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
12-481 Soliciting Applications for Membership on a Negotiated Rulemaking Committee to Develop Administrative Rule Language Pertaining to Recreational Use on the Madison River, p. 1854
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
12-494 Closing the Medicine River Fishing Access Site in Cascade County, p. 1257
12-495 Closing the Fort Shaw Fishing Access Site in Cascade County, p. 1259
12-496 Closing the Willow Creek Reservoir Fishing Access Site in Lewis and Clark County, p. 1261
12-497 Closing the Big Bend Fishing Access Site in Cascade County, p. 1263
12-498 Closing the Cottonwood Grove Fishing Access Site in Cascade County, p. 1265
12-499 Closing the Ulm Bridge Fishing Access Site in Cascade County, p. 1267
12-500 Closing the Truly Bridge Fishing Access Site in Cascade County, p. 1269
12-501 Closing the Largent's Bend Fishing Access Site in Cascade County, p. 1271
12-502 Closing the Sun River Wildlife Management Area in Lewis and Clark County, p. 1273
12-503 Closing a Portion of the Swan River in Lake County, p. 1275
12-504 Closing a Portion of the Kootenai River in Lincoln County, p. 1586
12-506 Closing the Beartooth Wildlife Management Area in Lewis and Clark County, p. 1722
(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, 1255
12-505 Grizzly Bear Demographic Objectives for the Northern Continental Divide Ecosystem, p. 1641
ENVIRONMENTAL QUALITY, Department of, Title 17
17-392 Adoption of a New Version of Department Circular DEQ-8, p. 1580, 522, 1588
17-396 Nutrient Standards Variances, p.377, 1110
17-398 Definitions - Adoption by reference - Solicitation and Evaluation of Qualifications and Maintenance of List - Energy Service Provider Delisting and Discipline - Energy Performance Contract Process - Multiple Projects or Contracts - Measuring and Verifying Guaranteed Cost Savings - Cost of Measurement and Verification - Cost-Effectiveness - Energy Service Provider Reporting Requirements - Operation and Maintenance - Contract Term - Guaranteed Cost Savings as Percentage of Total Project Cost - Guaranteed Cost Savings - Escalation Rates - Open Book Pricing, p. 1458
17-400 Underground Storage Tanks Petroleum and Chemical Substances, p. 1650
(Board of Environmental Review)
17-395 Water Quality Standards, p. 2383, 830
17-397 Air Quality Operation Fees, p. 1132
17-399 401 Certification, p. 1645
TRANSPORTATION, Department of, Title 18
18-168 Motor Carrier Services Safety Requirements, p. 681, 1035
18-169 Motor Carrier Services Safety Requirements, p. 1007, 1277
18-170 Right-of-Way Occupancy by Water and Sewer Facilities, p. 920, 1278
18-171 Electronic Submission of Transportation Construction Bids, p. 1086, 1599
(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, 1724
20-7-68 Residential Methamphetamine Treatment Programs, p. 1092, 1730
20-24-67 Board of Crime Control, p. 1113
JUSTICE, Department of, Title 23
23-3-251 Imposition of an Administrative Fee for Alcohol or Drug Test Refusal, p. 1010, 1601
23-3-252 Requirements for the Issuance, Replacement, or Renewal of a REAL ID Compliant Driver's License or Identification Card, p. 1330
23-3-253 Third-Party CDL Skills Testing Program - Commercial Driver's License Testing, p. 1766
23-16-255 Video Gambling Machine Malfunctions - Cash Ticket Validation Systems - Definitions - Video Gambling Machine (VGM) Specifications - Electronic Live Bingo and Keno Equipment Specifications, p. 1481
(Public Safety Officers Standards and Training Council)
23-13-254 Certification of Public Safety Officers, p. 1342
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
24-17-334 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
24-29-339 Workers' Compensation, p. 1506
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, 1827
(Board of Personnel Appeals)
24-26-336 Public Sector Collective Bargaining, p. 382, 1602
24-26-338 Collective Bargaining for Public Sector Employees, p. 1502
(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, 1605
(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, 1279
(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)
24-159-85 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, 1819
24-159-86 Renewal Dates, p. 1778
(Board of Nursing Home Administrators)
24-162-41 Definitions - Application and Documentation for Licensure - Temporary License - Licensure by Credential - Public Information, p. 1355
(Board of Outfitters)
24-171-38 Outfitter Assistants - Unprofessional Conduct and Misconduct, p. 530, 1731
(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, 1825
(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 Public Accountants)
24-201-51 Fee Schedule - Use of CPA/LPA Designation - Applicant for Initial License - Certified Public Accountant Examination - Out-of-State Licensees Seeking a Montana License - Foreign Licensees Seeking a Montana License - Application Review - Peer Review Enrollment - Alternatives and Exemptions - Approved Peer Review Sponsoring Organizations, Programs, and Peer Review Standards - Standards for CPE Reporting - Reporting Requirements - Extension or Hardship Exception, p. 1359
(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 Speech-Language Pathologists and Audiologists)
24-222-28 Renewal Dates and Requirements - Definitions - Supervisor Responsibility - Functions of Speech-Language Pathology Aides or Assistants - Delivery of Telepractice Services - Continuing Education–Speech Language Pathologists and Audiologists - Screening Panel - License Renewal - Schedule of Supervision–Contents, p. 1368
(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, 1281
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
32-18-289 Board Oversight of Agency Actions, p. 391, 543, 846
32-18-291 Quarantine and Release of Quarantine - Definitions - Official Health Certificate - Permits - Additional Requirements for Cattle - Horses, Mules, and Asses - Department Ordered Pseudorabies Testing - Procedure Upon Detection of Pseudorabies - Department Ordered Brucellosis Testing of Animals - Procedure Upon Detection of Brucellosis - Memorandum of Understanding - Designated Surveillance Area - Vaccination Within the Counties in Which the DSA Is Located - Contaminated Premises - Identification of Omnivores and Carnivores - Importation of Alternative Livestock - Domestic Bison - Quarantine and Retest of Suspect Animals in Negative Herd - Swine Identification Code: Assignment of Codes, p. 1225, 1525
32-18-294 Definitions - Testing of Exposed Equids, p. 1708
(Board of Milk Control)
32-18-290 Producer Pricing Rules, p. 1219, 1828
NATURAL RESOURCES AND CONSERVATION, Department of, Title 36
36-22-198 Lockwood Solvent Groundwater Plume Site Controlled Groundwater Area, p. 1383
36-22-199 Burlington Northern and Santa Fe Somers Site Controlled Groundwater Area, p. 1781
(Board of Oil and Gas Conservation)
36-22-197 Fracturing of Oil and Gas Wells - Producer's Certificate of Compliance, p. 1711
PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37
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
37-822 Updates to Emergency Medical Service Records and Reports, p. 1283, 1386, 1884
37-824 Updating Residential Treatment Facilities Rules, p. 260, 848
37-826 Medicaid Auditor Evaluation Hearings, p. 687, 1166
37-829 Eating Disorder Centers, p. 1857
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, 1283
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, 1607
37-841 Healthy Montana Kids (HMK) Dental Benefits, p. 811, 1168
37-842 Hospice Reimbursement and Updates, p. 960, 1288
37-843 Durable Medical Equipment (DME), p. 964, 1608
37-844 Clarifying Contents of Healthy Montana Kids (HMK) Evidence of Coverage, p. 1013, 1609
37-845 Nursing Facility Reimbursement Rates for State Fiscal Year 2019, p. 1016, 1419
37-846 Low Income Weatherization Assistance Program (LIWAP), p. 1527, 1885
37-848 Low Income Energy Assistance Program (LIEAP), p. 1534, 1886
37-850 Pools, Spas, and Other Water Features, p. 1387
37-851 Updating Medicaid Fee Schedules and Effective Dates, p. 1096, 1169
37-852 Home and Community-Based Services (HCBS) Waiver Programs, p. 1142, 1610
37-853 Updating the Federal Poverty Index Guidelines for the Montana Telecommunications Access Program (MTAP), p. 1146, 1611
37-854 Updating Medicaid Fee Schedules and Effective Dates, p. 1149, 1612
37-855 Financial Assistance for Children and Youth With Special Health Care Needs, p. 1246, 1733
37-857 Breast and Cervical Cancer Treatment Program, p. 1874
37-858 Federal Child Care and Development Block Grant Reauthorization Act Requirements for Child Care Facilities, p. 1544, 1887
37-859 Updating the Effective Dates of Non-Medicaid and Medicaid Fee Schedules, p. 1550, 1734
37-861 Nursing Facility Reimbursement Rates for State Fiscal Year 2019, p. 1577, 1735
37-863 Updating the Effective Dates of Non-Medicaid and Medicaid Fee Schedules, p. 1785
37-866 Nursing Facilities Reimbursement, p. 1880
PUBLIC SERVICE REGULATION, Department of, Title 38
38-5-239 Small Water Utility Rules, p. 166, 1289
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, 1298
38-2-241 Discovery Procedures, p. 1715
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, 1613
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
SECRETARY OF STATE, Office of, Title 44
44-2-230 Scheduled Dates for the 2019 Montana Administrative Register, p. 1813