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 September 30, 2018. This table includes notices in which those rules adopted during the period August 10, 2018, through February 8, 2019, 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 September 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 or 2019 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

 

2-13-577         9-1-1 Grants, p. 1322, 1816

2-13-580         Statewide Emergency Telephone System, p. 1991, 2399

2-59-572         Definitions for Credit Unions, p. 2357

 

(Public Employees' Retirement Board)

2-43-576         Commencement of Guaranteed Annual Benefit Adjustment, p. 1209, 1719

2-43-578         Adopting by Reference the Amended State of Montana Public Employees Pooled Trust in the Defined Contribution Retirement Plan - Adopting by Reference the Amended Stable Value Fund Investment Policy Statement in the Defined Contribution Retirement Plan and the 457(b) Deferred Compensation Plan - Adopting by Reference the Amended State of Montana Public Employees Pooled Trust in the 457(b) Deferred Compensation Plan, p. 1

 

(State Lottery Commission)

2-63-579         General Provisions - Retailer Commission - Duplicate Licenses - Prizes - Acceptable Forms of Payment, p. 6

 

AGRICULTURE, Department of, Title 4

 

4-18-250         Analytical Laboratory Fees, p. 1214, 1721

4-18-251         Financial Responsibility, p. 2271

4-18-252         Potato Commodity Assessment Collection, p. 2359

4-19-253         Industrial Hemp, p. 121

4-19-254         Industrial Hemp, p. 75

 

STATE AUDITOR, Office of, Title 6

 

(Commissioner of Securities and Insurance)

6-245               Long-Term Care Insurance, p. 2120, 126

6-249               Replacement of Life Insurance or Annuities, p. 11

 

(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, 2208

 

COMMERCE, Department of, Title 8

 

8-2-158           Quality Schools Grant Program, p.1456, 1883

8-22-161         Board of Horse Racing, p. 1847, 2400

8-94-163         Administration of the 2018 and 2019 Program Year Federal Community Development Block Grant (CDBG) Program - Public Facilities Projects - Affordable Housing Projects, p. 2277, 39

8-99-159         Implementation of the Big Sky Economic Development Trust Program, p. 1850, 2401

8-99-160         Implementation of the Primary Sector Workforce Training Program, p. 1852, 2403

8-111-162       Definitions - Housing Credit Allocation Procedure, p. 1994, 2404

 

EDUCATION, Title 10

 

(Office of Public Instruction)

10-1-131         Soliciting Applications for Membership on a Negotiated Rulemaking Committee to Amend ARM 10.55.606 Pertaining to the Procedures in Determining Accreditation Status Using Student Performance Measures Based on Results of the Required Statewide Assessments, p. 80

 

(Board of Public Education)

10-55-282       Suicide Prevention in Schools, p. 1001, 1580

10-57-283       Teacher Licensure, p. 1004, 1582

10-57-284       Teacher Licensure, p. 1940, 2405

 

(Montana State Library)

10-102-1801 Depository Procedures for State Publications, p. 2157, 2496

 

FISH, WILDLIFE AND PARKS, Department of, Title 12

 

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

12-504             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)

12-484             Recreating on the Helena Valley Regulating Reservoir, p. 2160

12-505             Grizzly Bear Demographic Objectives for the Northern Continental Divide Ecosystem, p. 1641, 2497

12-507             No Wake Zones on Canyon Ferry Reservoir, p. 2163

 

GOVERNOR, Office of, Title 14

 

14-5                 Implementation of the Greater Sage-Grouse Stewardship Act, p. 1997, 41

 

ENVIRONMENTAL QUALITY, Department of, Title 17

 

17-392             Adoption of a New Version of Department Circular DEQ-8, p. 1580, 522, 1588

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, 1954

17-401             Adoption by Reference of the Most Current Version of the Montana Risk-Based Corrective Action (RBCA) Guidance for Petroleum Releases, p. 2424

 

(Board of Environmental Review)

17-397             Air Quality Operation Fees, p. 1132, 2046

17-399             401 Certification, p. 1645, 2517

17-402             Implementing a Registration System for Certain Facilities That Currently Require a Montana Air Quality Permit, p. 2430

17-403             Ground Water Standards Incorporated by Reference Into Department Circular DEQ-7, p. 2446

17-404             Definitions - Department Circulars DEQ-1, DEQ-2, and DEQ-3 - Setbacks Between Water Wells and Sewage Lagoons, p. 2455

 

TRANSPORTATION, Department of, Title 18

 

18-171             Electronic Submission of Transportation Construction Bids, p. 1086, 1599

18-172             Motor Carrier Services Electronic Weigh Station Bypass Systems, p. 2479

 

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

 

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, 1956

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, 1958

23-16-256       Authorization and Regulation of 50/50 Raffles and 50/50 Raffle Electronic Processing Systems - Definitions - Grounds for a Denial of a License - Cross-References to Alcoholic Beverages Licenses - Credit Play - Administrative Procedure - Card Dealer Licensure - Raffles - Card Dealer Licensure, p. 2482

 

(Public Safety Officers Standards and Training Council)

23-13-254       Certification of Public Safety Officers, p. 1342, 2518

 

LABOR AND INDUSTRY, Department of, Title 24

 

Boards under the Business Standards Division are listed in alphabetical order by chapter following the department notices.

 

24-11-341       Unemployment Insurance Contributions, p. 2005, 2525

24-17-342       Prevailing Wage Rates for Public Works Projects, p. 2280, 134

24-29-339       Workers' Compensation, p. 1506, 2527

24-29-340       Utilization and Treatment Guidelines - Drug Formulary - Workers' Compensation, p. 2010, 2531

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 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 Clinical Laboratory Science Practitioners)

24-129-18       Fees - Inactive Status - Continuing Education Requirements, p. 1943

 

(Board of Dentistry)

24-138-75       Definition of Nonroutine Application - General Standards for Specialties - Specialty Advertising, p. 2361

 

(Board of Hearing Aid Dispensers)

24-150-40       Fees - Inactive Status - Military Training or Experience - Continuing Education Requirements - Unprofessional Conduct - Proof of Attendance, p. 1948, 52

 

(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, 2048

24-156-85       Definitions - Unprofessional Conduct - Reporting to the Board - ECP Licensure Qualifications - ECP License Application - Substantially Equivalent Education - Continuing Education and Refresher Requirements - Expired License - Fees - Medical Direction - Levels of ECP Licensure Including Endorsements - Endorsement Application - Procedures for Revision of Montana ECP Practice Guidelines or Curriculum - Scope of Practice - Training Courses - Final Pre-Licensing Examinations - Complaints - ECP License Renewal - ECP Training Program/Course Application and Approval - Examinations - Initial ECP Course Requirements - Post-Course Requirements - ECP Clinical Requirements, p. 83

 

(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, 2051

 

(Board of Nursing Home Administrators)

24-162-41       Definitions - Application and Documentation for Licensure - Temporary License - Licensure by Credential - Public Information, p. 1355, 2053

 

(Board of Occupational Therapy Practice)

24-165-23       Fees - Continuing Education - Unprofessional Conduct - Board Filing Practices - Renewals, p. 2283, 140

 

(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 Professional Engineers and Professional Land Surveyors)

24-183-43       Definitions - Fee Schedule - Teaching of Advanced Engineering Subjects in Montana - Certificate of Authorization - Applications - Exhibits of Land Surveying Projects - Comity for Professional Engineers and for Professional Land Surveyors - Classification of Land Surveying Experience - Continuing Professional Competence-Continuing Education - Unprofessional Conduct, p. 13

 

(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, 2406

 

(Board of Real Estate Appraisers)

24-207-42       Appraisal Review - USPAP Exemption - Definitions - Examination - Application Requirements - Approval of Qualifying and Continuing Education Courses - Ad Valorem Appraisal Experience - Qualifying Experience - Inactive License/Certification - Inactive to Active License - Trainee Requirements - Mentor Requirements - Registration and Renewal of Appraisal Management Companies - Continuing Education-Compliance and Auditing - Unprofessional Conduct for Appraisers - Unprofessional Conduct for Appraisal Management Companies - Incorporation by Reference of the Real Property Appraiser Qualification Criteria - Appraiser Reporting Obligations to the Board - Appraisal Management Company Reporting Obligations to the Board - Regulatory Reviews - Experience-Number of Hours Required - Qualifying Education Requirements for Licensed Real Estate Appraisers - Qualifying Education Requirements for Residential Certification - Qualifying Education Requirements for General Certification - Scope of Practice - Continuing Education Noncompliance, p. 2166, 53

 

(Board of Respiratory Care Practitioners)

24-213-21       Abatement of Renewal Fees - Continuing Education Requirements, p.     106

 

(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, 2054

 

(Board of Behavioral Health)

24-219-32       Renewal Dates and Requirements - Military Training or Experience - Continuing Education Procedures and Documentation - Procedural Rules - Fee Schedules - Continuing Education Requirements - Accreditation and Standards - Reporting Requirements - Continuing Education Noncompliance, p. 20

 

(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, 2306

 

LIVESTOCK, Department of, Title 32

 

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, 1960

32-18-294       Definitions - Testing of Exposed Equids, p. 1708, 2542

 

(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, 1966

36-22-199       Burlington Northern and Santa Fe Somers Site Controlled Groundwater Area, p. 1781, 2408

 

(Board of Oil and Gas Conservation)

36-22-197       Fracturing of Oil and Gas Wells - Producer's Certificate of Compliance, p. 1711, 2209

 

(Board of Water Well Contractors)

36-22-194       Location of Wells, p. 2494, 111

 

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

 

37-822             Updates to Emergency Medical Service Records and Reports, p. 1283, 1386, 1884

37-829             Eating Disorder Centers, p. 1857, 2214

37-839             Montana Medical Marijuana Program, p. 711, 1968

37-840             Medicaid Outpatient Drug Services, p. 956, 1607

37-843             Durable Medical Equipment (DME), p. 964, 1608

37-844             Clarifying Contents of Healthy Montana Kids (HMK) Evidence of Coverage, p. 1013, 1609

37-846             Low Income Weatherization Assistance Program (LIWAP), p. 1527, 1885

37-848             Low Income Energy Assistance Program (LIEAP), p. 1534, 1886

37-849             Home Health Program, p. 2287, 141

37-850             Pools, Spas, and Other Water Features, p. 1387, 2216

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, 2240

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, 2057

37-866             Nursing Facilities Reimbursement, p. 1880, 2241

37-867             Big Sky Rx, p. 2293, 60

37-868             Hospice Reimbursement, p. 2297, 61

37-869             Updating the Effective Dates of Medicaid Fee Schedules, p. 2024, 2409

37-870             Updated Medicaid Rates Manual, p. 2034, 2543

37-871             Pools, Spas, and Other Water Features, p. 2301, 62

37-872             Clinic Services Requirements, p. 32

37-875             Updating the Composite Rate for Outpatient Maintenance Dialysis Clinic, p. 112

37-876             Adult Protective Services, p. 35

 

PUBLIC SERVICE REGULATION, Department of, Title 38

 

38-2-241         Discovery Procedures, p. 1715

38-5-242         Pipeline Safety, p. 2366

 

REVENUE, Department of, Title 42

 

42-2-992         Quota Areas - Competitive Bidding Process for Alcoholic Beverage Licenses, p. 555, 1613

42-2-995         Deduction Provided Under IRC 199A - Not Allowed for the Determination of Montana Net Income, p. 1153, 2311

42-2-996         Reappraisal Cycles for Residential, Commercial, Forest, and Agricultural Properties - Development of a Reappraisal Plan and Valuation Manuals, p. 2038, 2410

42-2-997         Tax Increment Financing Districts, p. 2193

42-2-998         Agricultural Land Valuation, p. 2205, 2546

42-2-999         Trended Depreciation Schedules for Valuing Personal Property, p. 2369, 115

 

SECRETARY OF STATE, Office of, Title 44

 

44-2-230         Scheduled Dates for the 2019 Montana Administrative Register, p. 1813, 2067

 

(Commissioner of Political Practices)

44-2-231         Payment Threshold--Inflation Adjustment for Lobbyists, p. 2304, 63