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, 2019. This table includes notices in which those rules adopted during the period July 26, 2019, through December 27, 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, 2019, 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 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
2-4-581 Accounting and Financial Reporting Standards - Report Filing Fees - Filing Penalties - Waivers and Extensions of Penalties - Audit and Audit Reporting Standards - Roster of Independent Auditors - Resolution and Corrections of Audit Findings - Financial Reviews - Incorporation by Reference of Various Standards, Accounting Policies, and Federal Laws and Regulations - Audit Contracts, p. 761, 987, 2217
2-13-585 Public Safety Answering Point (PSAP) Certification and Funding, p. 558, 903, 1368
2-13-592 Applicant Priority and Criteria for Awarding 9-1-1 Grants, p. 1759, 2095
2-13-593 Applicant Priority and Criteria for Awarding 9-1-1 Grants, p. 2075
2-21-584 Voluntary Employees' Beneficiary Association (VEBA), p. 1195, 2011
2-59-586 Government Sponsored Enterprises - Designated Manager Supervisory Requirements - False, Deceptive, or Misleading Advertising - Internet or Electronic Advertising, p. 1917, 2338
2-59-587 Semiannual Assessment for Banks, p. 1682, 2228
2-59-590 Renewal Fees for Mortgage Brokers, Lenders, Servicers, and Originators, p. 1545, 2017
(Public Employees' Retirement Board)
2-43-591 Operation of the Retirement Systems and Plans Administered by the Montana Public Employees' Retirement Board - Allocation of Additional Employer Contributions on Behalf of Montana University System Employees in the Optional Retirement Program, p. 2274
(State Lottery and Sports Wagering Commission)
2-63-580 Sports Wagering Accounts - Self-Exclusion - Responsible Gaming - Age Verification - General Provisions - Place of Sale - Licensing - Fees - Electronic Fund Transfers - Accounting - Retailer Commission - Notices - Investigative Cooperation - Prizes - Redemptions to Implement Sports Wagering - Forms of Payment, p. 1685, 2229
AGRICULTURE, Department of, Title 4
4-19-258 Hemp Processing and Associated Fees, p. 698, 1369
4-19-259 Certified Natural Beef Cattle Marketing Program, p. 702, 1047
4-19-260 Apiary Fees, p. 782, 1166
4-19-261 Pesticide Registrations - Worker Protection Standards - Containers and Disposal Program, p. 905, 1523
4-19-262 Commodity Dealer Licenses, p. 1104
4-19-263 Pesticide Records and Registrations - Use of 1080 Livestock Protection Collars - M-44 Cyanide Capsules and Devices, p. 1109, 1629
STATE AUDITOR, Office of, Title 6
(Commissioner of Securities and Insurance)
6-256 Annual Audited Reports - Establishing Accounting Practices and Procedures to Be Used in Annual Statements - Internal Audit Function Requirements, p. 1216, 1740
6-258 Notice of Protection Provided by the Montana Life and Health Insurance Guaranty Association, p. 1224, 1741
(Classification Review Committee)
6-260 Establishment, Deletion, or Revision of Classifications for Various Industries for Supplementing the NCCI Basic Manual for Workers' Compensation and Employers Liability, p. 1548, 2339
COMMERCE, Department of, Title 8
8-94-171 Administration of the 2021 Biennium Federal Community Development Block Grant (CDBG) Program–Planning Grants, p. 1120, 1630
8-94-172 Deadline for the Second Cycle for the Community Development Block Grant (CDBG)–Planning Grants, p. 1705, 2096
8-94-175 Administration of the Montana Historic Preservation Grant (MHPG) Program, p. 1926, 2340
8-94-176 Administration of the 2021 and 2023 Biennia Treasure State Endowment Program, p. 2182
8-94-177 Treasure State Endowment Program (TSEP), p. 2283
8-99-167 Certified Regional Development Corporation Program, p. 785, 1168
8-99-168 Implementation of the Big Sky Economic Development Trust Program, p. 788, 1169
8-100-169 Montana Board of Research and Commercialization Technology, p. 915, 1370
8-111-170 Administration of the Coal Trust Multifamily Homes (CTMH) Program, p. 992, 1631
8-111-173 Housing Credit Allocation Procedure, p. 1762, 2239
8-119-174 Montana Economic Development Industry Advancement Act (MEDIA), p. 1929
EDUCATION, Title 10
(Office of Public Instruction)
10-1-133 Soliciting Applications for Membership on a Negotiated Rulemaking Committee to Develop and Amend Rules Related to K-12 Content Standards for Computer Science, Library Media, and Technology, p. 1707
10-1-134 Soliciting Applications for Membership on a Negotiated Rulemaking Committee to Develop and Amend Rules Related to K-12 Content Standards for Career and Vocational/Technical Education, p. 1710
10-1-135 Soliciting Applications for Membership on a Negotiated Rulemaking Committee to Develop and Amend Rules Related to K-12 Content Standards for Social Studies, p. 1713
10-16-132 Special Education, p. 165, 790, 1371
(Board of Public Education)
10-54-288 Deadlines for Transformational Learning Aid, p. 793, 1048
10-54-289 Deadlines for Applications and Annual Reports, p. 1716, 2097
10-54-290 Deadlines for Applications and Annual Reports, p. 2079
10-55-286 Hazard and Emergency Plans, p. 564, 1049
10-55-289 Accreditation Process, p. 997, 1742
10-56-285 Student Assessment, p. 567, 1050
10-57-287 Educator Licensure, p. 573, 1051
FISH, WILDLIFE AND PARKS, Department of, Title 12
12-522 Closing Pictograph Cave State Park in Yellowstone County, p. 1858
12-523 Pilot Program for Aquatic Invasive Species in the Flathead Basin, p. 2286
12-524 Removing Canyon Ferry Reservoir From the List of Identified Bodies of Water Confirmed or Suspected for Aquatic Invasive Mussels, p. 2288
(Fish and Wildlife Commission)
12-515 Two-Way Electronic Communication While Hunting, p. 919, 2018
12-516 Tagging Carcasses of Game Animals, p. 921, 2019
12-517 Animal Kill Site Verification, p. 923, 2020
12-521 List of Water Bodies With Specific Regulations Found in Administrative Rule, p. 925, 1379
GOVERNOR, Office of, Title 14
14-6 Energy Supply Emergency Rules, p. 1122
ENVIRONMENTAL QUALITY, Department of, Title 17
17-406 Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) Waste, p. 1239
17-407 Junk Vehicles, p. 1439, 2098
17-408 Nutrient Standards Variances, p. 1443, 2100
(Board of Environmental Review)
17-405 Subdivision and Public Water and Wastewater Review Fees - Certification Under 76-4-127, MCA, p. 1228
TRANSPORTATION, Department of, Title 18
18-174 Motor Fuels Tax Electronic Refunds, p. 927, 1380
18-176 Motor Carrier Services Maximum Allowable Weight - Wintertime and Durational Permits, p. 1002, 1632, 2348
18-177 Electronic Utility Permitting for Right-Of-Way Occupancy, p. 1145, 2021
18-179 Aeronautics Division Aircraft Registration, p. 2184
(Board of Aeronautics)
18-175 Loan and Grant Program - Pavement Preservation Grants, p. 930, 1525
CORRECTIONS, Department of, Title 20
20-4-65 Rental Vouchers for Re-Entering Offenders, p. 2290
JUSTICE, Department of, Title 23
23-16-258 Antique Gambling Devices - Gambling Operator License Applications and Processing - Escrowed Funds - Illegal Devices - VGM Permit Eligibility - Sports Pool Games and Sports Tabs - Shake-A-Day Games - VGM Specifications and Restrictions, p. 1448, 1860
(POST Council)
23-13-257 Certification of Public Safety Officers, p. 1940
LABOR AND INDUSTRY, Department of, Title 24
Boards under the Business Standards Division are listed in alphabetical order by chapter following the department notices.
24-17-350 Prevailing Wage Rates for Public Works Projects, p. 1766, 2349
24-21-346 Registered Apprenticeship, p. 579, 934, 1381
24-29-347 Certification of Workers' Compensation Claims Examiners, p. 1550, 2119
24-29-348 Drug Formulary in the Utilization and Treatment Guidelines for Workers' Compensation and Occupational Disease, p. 1719, 1953, 2363
24-29-352 Description of a Prosthesis for the Purpose of Reopening Medical Benefits in Workers' Compensation Claims, p. 2295
24-35-349 Registration of Home Inspectors, p. 1721, 2121
24-181-7 Private Alternative Adolescent Residential or Outdoor Programs Obsolete Rules, p. 2192
24-301-347 Definitions - Incorporation by Reference of International Building Code - Calculation of Fees - Modifications to the International Building Code Applicable to the Department's Code Enforcement Program and to Local Government Code Enforcement Programs - Incorporation by Reference of International Residential Code - Incorporation by Reference of International Existing Building Code - Incorporation by Reference of International Mechanical Code - Incorporation by Reference of International Fuel Gas Code - Incorporation by Reference of International Swimming Pool and Spa Code - Incorporation by Reference of International Wildland-Urban Interface Code - Extent of Local Programs - Funding of Code Enforcement Program - Incorporation by Reference of Independent Accountant's Reporting Format for Applying Agreed-Upon Procedures During Audits of Certified City, County, or Town Building Code Enforcement Programs - Incorporation by Reference of Uniform Plumbing Code - Minimum Required Plumbing Fixtures - Incorporation by Reference of National Electrical Code - Enforcement, Generally - Site Accessibility, p. 1273, 2242
(Board of Personnel Appeals)
24-26-351 New Unit Determinations - Elections, p. 1948, 2352
(Board of Alternative Health Care)
24-111-27 Definitions - Certification for Specialty Practice of Naturopathic Childbirth Attendance - Licensure of Out-of-State Applicants - Midwives Continuing Education Requirements - Minimum Education and Experience Requirements for Midwife and Midwife Apprentice Applicants After January 1, 2020 - Direct-Entry Midwife Apprenticeship Requirements for Midwife Apprentice Applicants After January 1, 2020 - Renewals, p. 1560, 2364
(Board of Architects and Landscape Architects)
24-114-37 Architect Examination - Architect Licensure by Examination - Education and Experience Required for Landscape Architect Licensure - Architect Continuing Education Requirements - Unprofessional Conduct, p. 275, 1052
(Board of Dentistry)
24-138-76 Definitions - Fees - Mandatory Certification - Dental Auxiliary Functions - Dental Hygienist Limited Prescriptive Authority - Dentist License by Examination - Dental Hygienists License by Examination - Dentist License by Credentials - Dental Hygienist by Credentials - Dentist Specialist by Credentials - Dental Hygiene Local Anesthetic Certification - Dental Hygiene Limited Access Permit - Denturist License Requirements - Denturist Internship - Converting Inactive to Active Status - Reactivation of Expired License - Reporting Procedures - Dentist and Dental Hygienist Unprofessional Conduct - Denturist Unprofessional Conduct - Anesthesia Standards and Continuing Education - Approved Clinical Exam Criteria for Dentists and Dental Hygienists - Denturist Scope of Practice–Dentures Over Implants - Denturist Examination, p. 1461, 2366
(Board of Funeral Service)
24-147-40 Definitions - Fee Schedule - Name Change, Closure, Transfer, or Change of Ownership–Mortuary, Branch Establishment, Crematory, or Cemetery - Mortician Licenses - Crematory Records - Cremation Authorizations - Integrity of Identification of Human Remains - Cremation Procedures - Crematory Prohibitions - Requirements for Sale of At-Need, Preneed, and Prepaid Funeral Arrangements - Continuing Education Requirements–Morticians - Unprofessional Conduct - Preneed Arrangements–Notification of Closure or Change of Ownership–Mortuary, Branch Establishment, or Crematory, p. 1769
(Board of Hearing Aid Dispensers)
24-150-41 Fees - Record Retention - Fee Abatement - Traineeship Requirements and Standards - Minimum Testing - Transactional Document Requirements–Form and Content - Continuing Education Requirements - Unprofessional Conduct - Standards for Approval, p. 582, 1862
(Board of Nursing)
24-159-87 Definitions - Nonroutine Applications - Educational Facilities for Programs - Program Annual Report - Program Faculty - Curriculum Goals and General Requirements for Programs - Renewals - Alternative Monitoring Track - Biennial Continuing Education Requirements - Auditing of Contact Hours, p. 706, 1055
24-159-88 Use of Clinical Resource Licensed Practical Nurses, p. 1270, 2370
(Board of Occupational Therapy Practice)
24-165-24 Definitions - Fees - Military Training or Experience - Examinations - Supervision - Deep Modality Endorsement - Recognized Education Programs - Standards of Practice - Approved Modality Instruction - Approved Training - Endorsement to Apply Topical Medications - Use of Topical Medications - Protocols for Use of Topical Medications - Debriding Agents Protocols - Anesthetic Agents Protocols - Nonsteroidal Anti-Inflammatory Agents Protocols - Antispasmodic Agents Protocols - Adrenocortico-Steroid Agent Protocols - Protocol for Use of an Approved Medication as a Neuropathic Pain Agent - Temporary Practice Permit - Inactive Status - Continuing Education - Continuing Education–Exemption - Unprofessional Conduct - Bactericidal Agents Protocols - Applications for Licensure - Pass-Fail Criteria - Supervision–Methods - Documentation of Instruction and Training - Approval to Use Sound and Electrical Physical Agent Modalities Endorsement - Documenting Education and Competence to Perform Sound and Electrical Physical Agent Modalities–Out-of-State Practitioners, p. 509, 1743
(Board of Pharmacy)
24-174-71 Fee Schedule - Military Training or Experience - Collaborative Practice Agreement Requirements - Internship Requirements - Preceptor Requirements - Required Forms and Reports - Registration Requirements - Use of Pharmacy Technician - Ratio of Pharmacy Technicians to Supervising Pharmacists - Transfer of Prescriptions - Registered Pharmacist Continuing Education–Requirements - Qualifications of Pharmacy Technician - Pharmacies–Annual Renewal - Pharmacy Technician–Renewal - Renewals - Registered Pharmacist Continuing Education–Noncompliance, p. 935, 1633
24-174-72 Administration of Vaccines by Pharmacists - Prescription Drug Registry Fee, p. 1731, 2240
24-174-73 Positive Identification for Controlled Substance Prescriptions, p. 1954
(Board of Psychologists)
24-189-40 Definitions - Required Supervised Experience - Continuing Education Implementation - Requirements for Licensees Providing Telehealth Services - Licensees From Other States or Canadian Jurisdictions, p. 1567
(Board of Public Accountants)
24-201-52 Alternatives and Exemptions - Verification - Exercise of Practice Privilege in Other Jurisdictions - Enforcement Against License Holders and Practice Privilege Holders, p. 1151, 1863
(Board of Real Estate Appraisers)
24-207-43 Ad Valorem Tax Appraisal Experience, p. 420, 1382
(Board of Realty Regulation)
24-210-45 Fee Schedule - Applications for Examination and License in General–Broker and Salesperson - New Licensee Mandatory Continuing Education–Salespersons - Continuing Real Estate Education - Continuing Property Management Education - Waiver of Experience Requirement for Broker Licensing Prohibited - Board Approval of Courses, Providers, and Instructors, p. 588, 1056
(Board of Respiratory Care Practitioners)
24-213-22 Continuing Education Requirements - Acceptable Continuing Education - Waiver of Continuing Education Requirement - Traditional Education by Nonsponsored Organizations - Teaching - Papers, Publications, Journals, Exhibits, Videos, Independent Study, and College Course Work, p. 1007, 2241
(Board of Behavioral Health)
24-219-34 Application and Licensing Rules for Licensed Clinical Social Workers (LCSW), Licensed Clinical Professional Counselors (LCPC), Licensed Marriage and Family Therapists (LMFT), Licensed Addiction Counselors (LAC), and Certified Behavioral Health Peer Support Specialists (CBHPSS), p. 1787, 2371
LIVESTOCK, Department of, Title 32
32-18-292 Diagnostic Laboratory Fees, p. 1573, 2123
32-19-297 Subject Diseases or Conditions - Importation of Restricted or Prohibited Alternative Livestock, p. 714, 947, 1864
32-19-298 Identification - Definitions - Identification of Alternative Livestock - Waivers to Identification - Inspection of Alternative Livestock - Change of Ownership Testing Requirements for Alternative Livestock - Requirements for Alternative Livestock Gametes (Ova and Semen) and Embryos - Importation of Alternative Livestock - Quarantine Facility - Requirements for Mandatory Surveillance of Montana Alternative Livestock Farm Cervidae for Chronic Wasting Disease - Alternative Livestock Monitored Herd Status for Chronic Wasting Disease - Import Requirements for Cervids - Management of Alternative Livestock Cervid Herds Identified as CWD Trace Herds - Management of CWD Positive Alternative Livestock Cervid Herds - Management of Alternative Livestock Cervid Herds With at Least One Animal Diagnosed With CWD and With Low Probability of CWD Transmission, p. 1584, 2380
32-19-299 Requirements for Importation - Importation of Diseased Animals - Official Health Certificate Documents for Importation - Permits - Special Requirements for Goats, p. 1597, 2125
32-19-301 Model Procedural Rules, p. 2082
32-19-303 Definitions - Applications to Be in Writing - Inspection of Plans and Facilities Prior to Issuance of License - Food Safety and Inspection Service (Meat, Poultry), p. 2298
32-19-304 Importation of Restricted or Prohibited Alternative Livestock - Import Requirements for Cervids, p. 2307
(Board of Milk Control)
32-19-305 Milk Control Assessments, p. 2311
NATURAL RESOURCES AND CONSERVATION, Department of, Title 36
36-22-204 Water Rights - Water Reservations, p. 1295, 1865
(Board of Oil and Gas Conservation)
36-22-201 Privilege and License Tax, p. 1601
PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37
37-830 Foster Care Licensing Requirements, p. 1636
37-847 Wholesale Foods and Food Standards, p. 598, 2126
37-865 Updating Requirements to Limit Opioid Supply for Members Without Cancer Diagnosis, p. 1012, 1637
37-873 Healthy Learning Environments in Montana Public Schools, p. 795, 1016
37-877 Rural Health Clinics and Federally Qualified Health Centers, p. 1017, 1603, 1866
37-878 Medicaid Rates, Services, and Benefit Changes, p. 618, 964, 1061
37-880 Montana Trauma System Plan 2019, p. 822, 1170
37-885 Youth Care Facilities, p. 1034, 1526
37-886 Migrating Billing to Medicaid Management Information System (MMIS), p. 723, 1171
37-887 Communicable Disease Control, p. 1299, 1745
37-888 Medicaid Rates, Services, and Benefit Changes, p. 1156, 1640
37-889 Medical Marijuana Testing Laboratories, p. 1480, 1868
37-890 Private Alternative Adolescent Residential Programs or Outdoor Programs (PAARP), p. 1309, 1606, 2029
37-893 Inpatient and Outpatient Hospital Reimbursement Adjustors, p. 1957, 2382
37-895 Medical Marijuana Program, p. 1364
37-896 Vital Records, p. 1607, 2057
37-897 Low Income Energy Assistance Program (LIEAP), p. 1964, 2383
37-898 Assisted Living and Nursing Facility Reimbursement, p. 1735, 1835, 2252
37-899 Updating Medicaid Fee Schedules With Medicare Rates - Procedure Codes - Updating Effective Dates, p. 1973, 2314
37-900 Hospice Rate Increase, p. 2200
37-901 Prohibiting the Sale of Flavored Vapor Products to Reduce Youth Risk of Vaping-Associated Lung Injury or Death, p. 1879
37-903 Big Sky Rx Premium Change, p. 2204
37-905 Member Copayment, p. 2084
37-906 Update of the Healthcare Effectiveness Data and Information Set (HEDIS), p. 2315
PUBLIC SERVICE REGULATION, Department of, Title 38
38-2-243 Discovery and Pre-Filed Testimony Procedures, p. 1612
38-5-244 Pipeline Safety, p. 2089
REVENUE, Department of, Title 42
42-1000 Industry Trade Shows - Catering Endorsements - Catered Events, p. 727, 1173
42-1001 New Form MW-4–Montana Employee's Withholding Allowance and Exemption Certificate - Wage Withholding Exemptions - Tax Treatment of Interest on Certain Government Obligations, p. 1978, 2384
42-1002 Implementing Legislative Changes to Table Wine, Hard Cider, and Sacramental Wine Tax Reporting Requirements and Microdistillery Production Changes - Updating Labeling and Packaging Requirements, p. 1497, 2058
42-1003 Implementation of a Point-Based Penalty System - Revising Procedures Relating to Revocation, Lapse, or Suspension of Alcoholic Beverage Licenses, p. 1505, 1837, 2141
42-1004 Livestock Reporting Per Capita Fee Payment and Refund Process, p. 1619, 2059
42-1005 Access Control Systems (ACS), p. 1622, 2257
42-1006 Statutory Deadlines for Request for Informal Classification and Appraisal Reviews, p. 2092
42-1007 Trended Depreciation Schedules for Valuing Personal Property, p. 1838, 2320
42-1008 Beer Wholesaler and Table Wine Distributor Limited Delivery Exceptions, p. 1855
42-1009 Competitive Bidding Processes for Retail All-Alcoholic Beverage Licenses, p. 1994, 2385
42-1010 Property Tax Assistance Program (PTAP) - Montana Disabled Veteran (MDV) Property Tax Assistance Program, p. 2000, 2387
42-1011 Specialty and Unique Crops - Additional Requirements for Agricultural Land Classification, p. 2006
42-1012 Agricultural Land Valuation, p. 2207
42-1013 Mobile Home Exemption Ownership Determination, p. 2214
42-1014 Resort Areas, Determinations, and Licenses, p. 2322
42-1015 Net Operating Loss Carryback and Water's-Edge Rules Revisions, p. 2328
42-1016 Limited All-Beverages Licenses for Continuing Care Retirement Communities, p. 2333
SECRETARY OF STATE, Office of, Title 44
44-2-232 Notaries Public, p. 948, 1530
44-2-233 Filing UCC Documents, p. 1040, 1532
44-2-234 Performance Standards for Devices That Provide Accessible Voting Technology for Electors With Hearing, Vision, Speech, or Ambulatory Impairments, p. 1045, 1517, 1884
44-2-236 Records and Information Management Fees, p. 1519, 1646
44-2-237 Scheduled Dates for the 2020 Montana Administrative Register, p. 1626, 2060
(Commissioner of Political Practices)
44-2-235 Contribution Limits, p. 1163, 1645