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10.101.101   AGENCY ORGANIZATION

(1) The state library commission consists of five members appointed by the governor for three-year terms and the state superintendent of public instruction or his designee and a librarian appointed by the commissioner of higher education from the Montana university system. The commission annually elects a chair from its membership. It employs as its executive officer a state librarian who is not a member of the commission, and who performs duties assigned by the commission.

(2) The state library provides library service at the state level, serving state government, local libraries, and federations; it promotes the development of adequate libraries throughout the state; it provides library service to persons with visual and physical disabilities; expends funds available from federal, state, and private sources for the purpose of fostering library development and for the purpose of fostering geographic information services; administers the Montana State Government Depository Program; and provides for a comprehensive program for the acquisition, storage, and retrieval of geospatial data and data related to the natural resources of Montana.

(3) Advisory committees are established by the state librarian and in accordance with 90-1-405, MCA, and 90-15-201, MCA. They act only in advisory capacity and have no policy-making authority.

(4) Inquiries regarding the functions of the state library shall be addressed to the state librarian.

(5) The following chart depicts the organization of the state library.

 

History: 2-4-201, MCA; IMP, 2-4-201, MCA; NEW, Eff. 12/31/72; AMD, Eff. 2/1/78; AMD, 9/30/84; AMD, 1987 MAR p. 1622, Eff. 9/25/87; AMD, Eff. 6/30/90; AMD, 1993 MAR p. 2783, Eff. 11/25/93; AMD, 1997 MAR p. 1991, Eff. 11/4/97; AMD, 2015 MAR p. 816, Eff. 5/1/15.

10.101.201   INCORPORATION OF MODEL RULES
(1) The state library commission has adopted the attorney general's model rules of administrative procedure, as set forth in ARM Title 1, chapter 3, with the proviso that a hearing on denial of an application for a grant of Library Services and Technology Act funds may be conducted under the commission's rule ARM 10.101.202, or in the alternative, under the model rules of contested case hearing.
History: Sec. 2-4-202, 22-1-103, MCA; IMP, 2-4-202, 22-1-103, MCA; NEW, Eff. 12/31/72; AMD, Eff. 1/1/78; AMD, 2003 MAR p. 8, Eff. 1/17/03.

10.101.202   HEARINGS ON GRANT APPLICATION DENIALS (IS HEREBY REREALED)

This rule has been repealed.

History: Sec. 2-4-202, MCA; IMP, 2-4-201, MCA; NEW, Eff. 1/1/78; REP, 1987 MAR p. 1622, Eff. 9/25/87.

10.101.203   GUIDELINES FOR PUBLIC PARTICIPATION

(1) Except for financial exigencies, the commission shall meet six times during each calendar year, at approximately equal intervals, and at such other times as may be appropriate. Special meetings may be called by the chair or at the request of two members. An agenda for each regular meeting shall be prepared by the state librarian in consultation with the chair and will be distributed in advance, with supporting documents to the members.

(2) Agendas are available to the public from the office of the state librarian. Supporting documents may be requested from that office. Each commission agenda shall provide an open time for the public to address the commission.

History: Sec. 2-3-103, MCA; IMP, 2-3-103, MCA; NEW, Eff. 1/1/78; AMD, 1987 MAR p. 1624, Eff. 9/25/87; AMD, 1997 MAR p. 1991, Eff. 11/4/97.

10.101.204   GRANTS TO LIBRARIES UNDER THE LIBRARY SERVICES AND CONSTRUCTION ACT (IS HEREBY REPEALED)

This rule has been repealed.

History: Sec. 22-1-103, MCA; IMP, 22-1-103, MCA; NEW, 1987 MAR p. 1622, Eff. 9/25/87; REP, 2003 MAR p. 8, Eff. 1/17/03.

10.101.205   LIMITED AND OPEN COMPETITIONS FOR LIBRARY SERVICES AND CONSTRUCTION ACT GRANTS (IS HEREBY REPEALED)

This rule has been repealed.

History: Sec. 22-1-103, MCA; IMP, 22-1-103, MCA; NEW, 1987 MAR p. 1622, Eff. 9/25/87; REP, 2003 MAR p. 8, Eff. 1/17/03.

10.101.206   APPEALS PROCESS FOR DENIAL OF A GRANT

(1)  Any person or group submitting a proposal for grant funds to the Montana state library commission shall have the right to appeal if the proposal is not funded. The request for the appeal shall be made to the Montana State Librarian at 1515 E. Sixth Ave., Helena, MT 59620 (406) 444-3115 within 12 working days of receipt of the letter denying the grant.

(2)  Upon receiving a notice of appeal, the state librarian, acting on behalf of the commission, shall convene an independent review committee. The committee shall be composed as follows:

(a)  a representative named by the appellant who is not from the appellant's library or governing authority;

(b)  a representative chosen by the chair of the commission, who is not a commission member; and

(c)  a representative from the library community who is not connected to the appellant, named by the president-elect of the Montana library association.

(3)  The independent review committee shall hear the appeal based on procedures which it shall determine. Both the appellant and the state librarian shall have equal opportunity to present testimony either in writing or orally and to respond to points raised by the other party. The independent review committee shall make its findings and recommendations to the Montana state library commission which shall take final action on the appeal. The commission can affirm, deny, or modify the recommendations of the independent review committee.

(4)  The state librarian, upon final determination of the appeal by the commission, shall notify the appellant in writing. This notice shall conclude the appeals process.

History: Sec. 22-1-103, MCA; IMP, 22-1-103, MCA; NEW, 1987 MAR p. 1622, Eff. 9/25/87; AMD, 2003 MAR p. 8, Eff. 1/17/03.