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| Montana Administrative Register Notice 24-117-33 | No. 6 03/29/2019 | |
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BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On April 29, 2019, the Department of Labor and Industry (department) proposes to amend and repeal the above-stated rules.
2. The department will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on April 19, 2019, to advise us of the nature of the accommodation that you need. Please contact Rhonda Morgan, Athletics Program, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2320; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or [email protected] (program's e-mail).
3. GENERAL STATEMENT OF REASONABLE NECESSITY: The 2019 Montana Legislature enacted Chapter 51, Laws of 2019 (Senate Bill 77), an act generally revising laws related to the Department of Labor and Industry to address legislative audit findings and recommendations. The bill was signed by the Governor and became effective March 7, 2019. Because the bill eliminated the licensure and regulation of professional boxing in Montana, the department determined it is reasonably necessary to repeal the Athletics Program rules in ARM Title 24, chapter 117 in compliance with and to further implement the legislation.
4. The rule proposed to be amended is as follows:
24.101.413 RENEWAL DATES AND REQUIREMENTS (1) through (5)(b) remain the same.
(d) through (ao) remain the same but are renumbered (c) through (an). (6) through (6)(d) remain the same. (e) limited speech-language pathologists (7) remains the same.
5. The rules proposed to be repealed are as follows:
24.117.201 PROCEDURAL RULES
AUTH: 2-4-201, MCA IMP: 2-4-201, MCA
24.117.202 PUBLIC PARTICIPATION RULES
AUTH: 2-3-103, MCA IMP: 2-3-103, MCA
24.117.301 DEFINITIONS
AUTH: 23-3-405, MCA IMP: 23-3-301, 23-3-402, 23-3-404, 23-3-405, MCA
24.117.402 FEES
IMP: 23-3-405, 23-3-501, 37-1-134, 37-1-141, MCA
24.117.403 PROHIBITIONS
AUTH: 23-3-405, MCA
24.117.406 GENERAL LICENSING REQUIREMENTS
AUTH: 23-3-405, MCA IMP: 23-3-404, 23-3-405, 23-3-501, MCA
24.117.409 BOUT/CONTEST APPROVAL
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.412 FEE ABATEMENT
IMP: 17-2-302, 17-2-303, 37-1-101, 37-1-134, MCA
24.117.415 DEPARTMENT REPRESENTATIVE QUALIFICATIONS
AUTH: 23-3-405, MCA IMP: 23-3-402, MCA
24.117.417 DEPARTMENT REPRESENTATIVE DUTIES
AUTH: 23-3-405, MCA IMP: 23-3-402, MCA
24.117.503 PROMOTER
AUTH: 23-3-405, MCA IMP: 23-3-404, 23-3-405, 23-3-501, MCA
24.117.601 EVENT LICENSE AND REGULATION
24.117.702 BOXING CONTESTANTS
AUTH: 23-3-405, MCA IMP: 23-3-301, 23-3-404, 23-3-405, 23-3-501, 23-3-603, MCA
24.117.703 FEMALE CONTESTANTS
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.704 WEIGHTS AND CLASSES
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.705 MANAGERS/TRAINERS
AUTH: 23-3-405, MCA IMP: 23-3-404, 23-3-405, 23-3-501, MCA
24.117.709 PREFIGHT PHYSICAL EXAMINATION
AUTH: 23-3-405, MCA IMP: 23-3-404, 23-3-405, 23-3-501, MCA
24.117.710 MEDICAL PROFESSIONAL REQUIREMENTS
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.801 POINT SYSTEM–SCORING
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.802 NUMBER AND DURATION OF ROUNDS
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.803 DOWN
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.804 ACCIDENTAL AND INTENTIONAL BUTTS
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.805 FOULS
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.806 APPEAL OF DECISIONS OF OFFICIALS
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.810 HAND WRAPS
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.811 OFFICIAL BOXING GLOVES
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.812 MOUTHPIECE
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.815 RING–EQUIPMENT
AUTH: 23-3-405, MCA IMP: 23-3-405, MCA
24.117.901 OFFICIALS REQUIRED
AUTH: 23-3-405, MCA IMP: 23-3-404, 23-3-405, 23-3-501, MCA
24.117.903 JUDGES
AUTH: 23-3-405, MCA IMP: 23-3-404, 23-3-405, 23-3-501, MCA
24.117.904 TIMEKEEPER
AUTH: 23-3-405, MCA IMP: 23-3-404, 23-3-405, 23-3-501, MCA
24.117.905 SECONDS
AUTH: 23-3-405, MCA IMP: 23-3-404, 23-3-405, 23-3-501, MCA
24.117.909 REFEREE
AUTH: 23-3-405, MCA IMP: 23-3-404, 23-3-405, 23-3-501, MCA
24.117.2301 UNPROFESSIONAL CONDUCT
AUTH: 23-3-405, MCA
6. Concerned persons may submit their data, views, or arguments concerning the proposed amendment and repeal in writing to the Athletics Program, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to [email protected], to be received no later than 5:00 p.m., April 26, 2019.
7. If persons who are directly affected by the proposed actions 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 the Athletics Program at the above address no later than 5:00 p.m., April 26, 2019.
8. If the department receives requests for a public hearing on the proposed actions from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed rules; 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 persons directly affected has been determined to be one based on no persons being affected by the proposed amendment.
9. An electronic copy of this notice is available at http://boards.bsd.dli.mt.gov/ath (department and program's web site). Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.
10. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this program. 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 that the person wishes to receive notices regarding all program administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Athletics Program, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, faxed to the office at (406) 841-2305, e-mailed to [email protected], or made by completing a request form at any rules hearing held by the agency.
11. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. Department staff attempted to contact Senator Mary McNally by telephone and left a voicemail message on March 13, 2019, by e-mail on March 11, 2019, and by regular USPS mail on March 15, 2019.
12. Regarding the requirements of 2-4-111, MCA, the department has determined that the amendment of ARM 24.101.413 will not significantly and directly impact small businesses. Regarding the requirements of 2-4-111, MCA, the department has determined that the repeal of ARM 24.117.201, 24.117.202, 24.117.301, 24.117.402, 24.117.403, 24.117.406, 24.117.409, 24.117.412, 24.117.415, 24.117.417, 24.117.503, 24.117.601, 24.117.702, 24.117.703, 24.117.704, 24.117.705, 24.117.709, 24.117.710, 24.117.801, 24.117.802, 24.117.803, 24.117.804, 24.117.805, 24.117.806, 24.117.810, 24.117.811, 24.117.812, 24.117.815, 24.117.901, 24.117.903, 24.117.904, 24.117.905, 24.117.909, and 24.117.2301 will not significantly and directly impact small businesses. Documentation of the department's above-stated determinations is available upon request to the Athletics Program, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2320; facsimile (406) 841-2305; or to [email protected].
Certified to the Secretary of State March 19, 2019. |
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].
