(1) Section 2-4-305 , MCA, sets required procedures for adopting and making changes to rules.

(2) The following procedures shall be adhered to for all rules adopted by the departments.

(a) As explained in the Montana Administrative Procedure Act (MAPA) and in the Attorney General's model rules, the departments and agencies assigned thereto for administrative purposes must give public notice of their intention to adopt, amend, or repeal any rule. The contents of the notices are as prescribed by MAPA and the Attorney General's model rules. The forms for the notices will be as set down in the Attorney General's model rules. All notices must be signed by the head of the department or by the chairperson of the governing board (see ARM 1.2.519) .

(b) The Secretary of State is required to publish the Register at least once a month, but publishes the Register twice a month. An agency must submit its notices according to the submission schedule deadline set by the Secretary of State. If a notice is submitted after the submission deadline, it will not be published until the next publication date. It should be noted that MAPA requires that agency action may not be taken until at least 30 days after the notice is published in the Register.

(3) The form numbers for notices of action regarding rule changes must be stated as MAR Notice No. ___. Each department sets its own numbering system for notices using its title number as the first part of the MAR Notice No., followed by sequential numbers.

(a) There is no separate numbering sequence according to the type of notice issued.

(4) When an adoption notice is filed for publication, it must be certified and transmitted to the Secretary of State accompanied by an administrative order (see ARM 1.2.404) .

History: 2-4-306, 2-4-312, 2-15-401, MCA; IMP, 2-4-306, 2-4-312, MCA; NEW, 1977 MAR p. 1233, Eff. 12/24/77; AMD, 1978 MAR p. 991, Eff. 7/15/78; AMD, 2005 MAR p. 2699, Eff. 1/1/06.