Montana Administrative Register Notice 8-94-187 No. 10   05/28/2021    
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In the matter of the amendment of ARM 8.94.3817 pertaining to the administration of the Montana Coal Endowment Program (MCEP) – Planning Grants








TO: All Concerned Persons


            1. On June 17, 2021, at 10:00 a.m., the Department of Commerce will hold a public hearing by conference call, 1-877-273-4202, conference room 7865396, to consider the proposed amendment of the above-stated rule.


2. The Department of Commerce 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 Commerce no later than 5:00 p.m., June 15, 2021, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0523; telephone (406) 841-2596; TDD 841-2702; fax (406) 841-2771; or e-mail DOCAdministrativeRules@mt.gov.


3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


8.94.3817  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE TREASURE STATE ENDOWMENT PROGRAM (TSEP) MONTANA COAL ENDOWMENT PROGRAM (MCEP) – PLANNING GRANTS  (1)  The Department of Commerce adopts and incorporates by reference the 2020 Biennium Infrastructure Planning Grant Application and Administration Guidelines for TSEP MCEP Infrastructure Planning Grants as rules for the administration of the 2020 Biennium Treasure State Endowment Program Montana Coal Endowment Program – Planning Grants.

(2) remains the same.

(3) Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Planning Bureau, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the Planning Bureau web site at http://comdev.mt.gov/Programs/TSEP/PlanningGrants/Applying.


AUTH:  90-6-701, MCA

IMP:  90-6-701, MCA


REASON:  It is reasonably necessary to amend this rule to reflect updated requirements to the guidelines and to implement the program name change as required in SB 258 of the 67th legislative session.


            4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Bonnie Martello, Department of Commerce, Legal Department, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0533; telephone (406) 841-2596; fax (406) 841-2871; TDD (406) 841-2702; or e-mail DOCAdministrativeRules@mt.gov, and must be received no later than 5:00 p.m., June 25, 2021.


5.  The Office of Legal Affairs, Department of Commerce, has been designated to preside over and conduct this hearing.


6. 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 contact person listed in 4 above or may be made by completing a request form at any rules hearing held by the department.


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


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



/s/ Amy Barnes                                                         /s/ Adam Schafer                            

Amy Barnes                                                              Adam Schafer

Rule Reviewer                                                          Deputy Director

                                                                                  Department of Commerce



Certified to the Secretary of State on May 18, 2021.


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