Montana Administrative Register Notice 23-18-262 No. 8   04/30/2021    
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In the matter of the repeal of ARM 23.18.101 through 23.18.108 pertaining to Certificates of Public Advantage









TO: All Concerned Persons


1. On June 12, 2021, the Department of Justice proposes to repeal the above-stated rules.


2. The Department of Justice will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Justice no later than 5:00 p.m., May 14, 2021, to advise us of the nature of the accommodation that you need. Please contact Chuck Munson, Department of Justice, Office of Consumer Protection, 555 Fuller Avenue, P.O. Box 200151, Helena, Montana; telephone (406) 444-4500; fax (406) 442-1894; or e-mail contactocp@mt.gov.


3. GENERAL STATEMENT OF REASONABLE NECESSITY: House Bill 489, sponsored by Representative Matt Regier and signed by Governor Steve Bullock in the 66th Regular Session of the Montana Legislature, Chapter 467, Laws 2019, repealed the laws related to Certificates of Public Advantage. The Department of Justice (department) is repealing certain rules in compliance with the statutory changes.


4. The department proposes to repeal the following rules:


            23.18.101  DEFINITIONS


AUTH: 50-4-612, MCA

IMP: 50-4-601 through 50-4-612, MCA


            23.18.102  APPLICATION PROCEDURE


AUTH: 50-4-612, MCA

IMP: 50-4-603, 50-4-612, MCA




AUTH: 50-4-612, MCA

IMP: 50-4-603, MCA


            23.18.104  STANDARDS FOR CERTIFICATION


AUTH: 50-4-612, MCA

IMP: 50-4-603, MCA




AUTH: 50-4-612, MCA

IMP: 50-4-604, 50-4-612, MCA




AUTH: 50-4-612, MCA

IMP: 50-4-612, 50-4-622, MCA


            23.18.107  REVOCATION OF CERTIFICATES


AUTH: 50-4-612, MCA

IMP: 50-4-609, 50-4-612, MCA


            23.18.108  FEES


AUTH: 50-4-623, MCA

IMP: 50-4-612, 50-4-623, MCA


5. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Chuck Munson, Department of Justice, Office of Consumer Protection, 555 Fuller Avenue, P.O. Box 200151, Helena, Montana 59620-0151; telephone (406) 444-4500; fax (406) 442-1894; or e‑mail contactocp@mt.gov, and must be received no later than 5:00 p.m., May 28, 2021.


6. If persons who are directly affected by the proposed action 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 Chuck Munson at the above address no later than 5:00 p.m., May 28, 2021.


7. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; 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.  Given the repeal of the overarching Certificate of Public Advantage statutes in 2019, the department has determined that there are no persons directly affected by the proposed action to repeal the corresponding administrative rules. There are no pending applications for certificates of public advantage being reviewed by the department. Additionally, there are no previously approved certificates currently under the active supervision of the department.


8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. 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 for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the Montana Department of Justice, P.O. Box 201401, 215 North Sanders, Third Floor, Helena, Montana, 59620-1401, by fax (406) 444-3549, by email to contactdoj@mt.gov, or by completing a request form at any rules hearing held by the department.


9. An electronic copy of this proposal notice is available through the Secretary of State's website at http://sosmt.gov/ARM/Register.  


10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


11. With regard to the requirements of 2-4-111, MCA, the department has determined that the repeal of the above-referenced rules will not significantly and directly impact small businesses.



/s/ Hannah Tokerud                                   /s/ Kris Hansen                  

Hannah Tokerud                                        Kris Hansen

Rule Reviewer                                            Administrator

                                                                   Department of Justice


Certified to the Secretary of State April 20, 2021.



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