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 March 31, 2021. This table includes notices in which those rules adopted during the period January 15, 2021, through June 25, 2021, 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 March 31, 2021, 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 2021 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

 

2-11-614         Adoption of a State Plan of Operation for Federal Surplus Property, p. 378

2-59-607         Activities of Loan Production Offices - Assessments - Dividends - Conversion Applications - Merger Applications - Examination Fees for Trust Companies, p. 152, 328

2-59-610         Application for Organizing a New Credit Union - Annual Reports, p. 97, 275

2-59-613         Examination Fees - Revocation and Suspension of Mortgage Licenses - Consumer Complaints - Confidentiality Agreements - Sharing Arrangements - Reinstatement of Expired or Suspended Licenses - Mortgage Loan Origination Disclosure Form - Bona Fide Not-For-Profit Certification - Applications for Initial Licenses Near Year End, p. 381, 715

 

(Public Employees' Retirement Board)

2-43-611         Investment Policy Statements for the Defined Contribution Retirement Plan, the Montana Fixed Fund, and the 457(b) Deferred Compensation Plan, p. 201, 465

 

(State Banking Board)

2-60-608         Closure or Relocation of Bank Branches, p. 1, 228

 

AGRICULTURE, Department of, Title 4

 

4-20-270         Hemp, p. 1946, 59

4-21-271         Plant Health Quarantines, p. 114

4-21-272         Plant Health Quarantines, p. 100, 552

 

STATE AUDITOR, Office of, Title 6

 

6-261               Surety Insurance Producers Who Sell, Solicit, or Negotiate Commercial Bail Bonds, p. 739, 1860, 410

 

(Classification Review Committee)

6-263               Establishment, Deletion, or Revision of Classifications for Various Industries for Supplementing the NCCI Basic Manual for Workers' Compensation and Employers Liability Insurance, p. 447

 

COMMERCE, Department of, Title 8

 

8-94-186         Administration of the Federal Community Development Block Grant (CDBG) Program–Planning Grants, p. 288, 554

8-94-187         Administration of the Montana Coal Endowment Program (MCEP)–Planning Grants, p. 591

8-111-185       Definitions - Housing Credit Allocation Procedure, p. 2287, 229

 

(Board of Investments)

8-97-100         Board of Investments Rules, p. 205, 466

 

EDUCATION, Title 10

 

FISH, WILDLIFE AND PARKS, Department of, Title 12

 

12-530             Closing the Shields River to All Motorized Watercraft, p. 1690, 62

12-533             Field Trial Regulations - Game Bird Dog Training - Game Bird Farms, p. 2093, 172

12-538             Closing Giant Springs State Park in Cascade County, p. 116

12-539             Closing Pictograph Cave State Park in Yellowstone County, p. 118

12-540             Closing the Yellowstone River 100 Yards Upstream and Downstream of the Twin Bridges Road Bridge in Stillwater County, p. 175

12-542             Closing the Ennis Fishing Access Site and the Valley Garden Fishing Access Site in Madison County, p. 230

12-543             Closing the York's Islands Fishing Access Site in Broadwater County, p. 232

12-544             Closing the Springdale Bridge Fishing Access Site in Park County, p. 434

12-548             Closing the Selway Park Fishing Access Site in Beaverhead County, p. 756

 

(Fish and Wildlife Commission)

12-534             Closing the Boulder River to All Motorized Watercraft, p. 1953, 430

12-535             Use of Remote-Controlled Devices and Drones While Fishing, p. 1956, 431

12-537             Limiting Tepee Lake to Manually Operated Watercraft, p. 2226, 432

12-541             Policy Regarding the Management of Black Bear, p. 389

12-545             Use of Deer or Elk Urine to Mask Human Odor, p. 391

12-546             Implementation of the Commercial Use Cap on the Madison River, p. 395

 

ENVIRONMENTAL QUALITY, Department of, Title 17

 

TRANSPORTATION, Department of, Title 18

 

18-184             Motor Carrier Services Safety Requirements, p. 450

 

CORRECTIONS, Department of, Title 20

 

JUSTICE, Department of, Title 23

 

23-12-261       Tracking Sexual Assault Evidence Kits Through a Statewide Sexual Assault Kit Tracking System, p. 727

23-18-262       Certificates of Public Advantage, p. 453, 758

 

(Public Safety Officers Standards and Training Council)

23-13-260       Certification of Public Safety Officers, p. 4, 616

 

LABOR AND INDUSTRY, Department of, Title 24

 

Boards under the Business Standards Division are listed in alphabetical order by chapter following the department notices.

 

24-2-373         Commissioner's Active Supervision of the Board of Dentistry Regarding Designation of Public Health Facilities for Limited Access Permits, p. 731

24-11-369       Unemployment Insurance Benefits Related to the COVID-19 Pandemic, p. 2229, 120

24-11-372       COVID Unemployment Insurance Benefits, p. 534, 759

24-29-367       Medical Fee Schedules for Workers' Compensation Purposes, p. 397, 716

24-29-370       Use of Signatures When Documents Are Being Electronically Transmitted, p. 11, 276

24-29-371       Medical Utilization and Treatment Guidelines for Workers' Compensation Purposes, p. 536, 761

24-101-310     Nonroutine Applications and Criminal Convictions, p. 290, 556

24-122-1         Boiler Operator Licensing - Fee Schedule for Boiler Operating Engineers - Approval of Training Courses - Examinations - Renewals, p. 20, 468

24-131-1         Construction Blaster Licensing - Fees - Training Programs - Variances - Requirements, p. 24, 469

24-135-3         License Requirements for Crane and Hoisting Operating Engineers - Fees - Incorporation by Reference of American National Standards Institute B30.5, p. 29, 470

24-142-2         Elevator Licensing - Fee Schedule - Licensee Responsibilities - Elevator Mechanic and Limited Mechanic Licensure Qualifications - Examinations - Licensure by Reciprocity or Endorsement - Apprentice Registration, p. 34, 475

24-144-2         Fire Protection License Program - Definitions - Duty to Report Changes - Proof of Insurance - Fees - Who Must Obtain an Endorsement - Endorsement Examinations - Fireworks Wholesaler Permit Applications - Continuing Education - Duplicate License or Endorsement - Apprenticeship Programs - Application Procedure - Fireworks Wholesale Permits - Renewals, p. 39, 565

24-301-350     Incorporation by Reference of the International Energy Conservation Code, p. 2303, 177

24-301-353     Modifications to the International Building Code Applicable to Both the Department's and Local Government Code Enforcement Programs, p. 596

 

(Board of Architects and Landscape Architects)

24-114-39       Fee Schedule, p. 733

 

(Board of Athletic Trainers)

24-118-6         Definitions - Unprofessional Conduct - Applications - Supervision - Renewals, p. 14, 564

 

(Board of Chiropractors)

24-126-38       Impairment Evaluator Standards - Participation in Disaster and Emergency Care–Liability of Chiropractor - Applications, p. 736

 

(Board of Dentistry)

24-138-79       Approved Clinical Exam Criteria for Dentists and Dental Hygienists, p. 2098, 121

24-138-80       Denturist Committee - Fees - Dental Hygienist Functions - License Display - Licensure and Certification of Dentists, Dental Hygienists, and Denturists - Continuing Education Requirements - Dentist and Denturist Unprofessional Conduct - Screening Panel - Dental Hygienist Unprofessional Conduct - Justifiable Criticism and Expert Testimony - Infectious Waste - Public Service and Quality of Care - Patient Selection - Patient Records - Emergency Service - Consultation and Referral - Rebate and Split Fees - Volunteer Licensee Scope - Dental and Dental Hygiene Schools - Dentist Specialist License - Licensure After Denial or Revocation - Grounds for Denial - Severability - Multiple-Specialty Announcements, p. 213, 473

 

(Board of Medical Examiners)

24-156-87       Definitions - Training of Student Physician Assistants - Application for Physician Assistant License - Physician Assistant Fees - Reporting to the Board - Supervision of Physician Assistant - Patient Rights - Unprofessional Conduct - Management of Infectious Wastes - Physician Assistant License Renewal, p. 1561, 65

24-156-90       ECP Scope of Practice, p. 1866, 277

24-156-91       Audit and Continuing Education Reporting Requirements - Continuing Education Audit, p. 456

 

(Board of Nursing)

24-159-89       Definitions - Fees - Qualifications for Executive Director of the Board - Nurse Licensure Compact Rules - Program Standards - Program Annual Report - Establishment of a New Program - Program Director - Program Faculty - Waiver of Faculty Qualifications - General Requirements for Licensure as Medication Aide I and II - Prohibited Intravenous (IV) Therapies - Temporary Practice Permit - LPN and RN Licensure by Examination for Internationally Educated Applicants - Licensure by Endorsement - Renewals - Application for Prescriptive Authority - Prescribing Practices - APRN Competence Development - Purpose - Criteria for Delegation of Nursing Tasks - General Nursing Functions and Tasks That May Not Be Delegated - Conduct of Nurses - Grounds for Denial of a License, p. 673

 

(Board of Occupational Therapy Practice)

24-165-25       Definitions - Deep Modality Endorsement, p. 593

 

(Board of Plumbers)

24-180-50       Fee Schedule - Temporary Exceptions - Renewal of Endorsement - Continuing Education Requirements, p. 102, 329

 

(Board of Professional Engineers and Professional Land Surveyors)

24-183-44       Definitions - Teaching of Land Surveying Subjects - Continuing Professional Competency–Continuing Education, p. 401

 

(Board of Psychologists)

24-189-42       Fee Schedule - Required Supervised Experience - Continuing Education Requirements - Continuing Education Implementation - Representation of Self and Services - Psychologist Application Procedures - Licensure as a Psychologist by Experience (Senior), p. 740

 

(Board of Real Estate Appraisers)

24-207-44       Approval of Qualifying and Continuing Education Courses, p. 108, 436

 

(Board of Realty Regulation)

24-210-46       Fee Schedule - Unprofessional Conduct - Citations and Fines - Prelicensing Education–Salespersons and Brokers - Continuing Real Estate Education - Continuing Property Management Education - New Licensee Mandatory Continuing Education–Salespersons, p. 2296, 619

 

LIVESTOCK, Department of, Title 32

 

32-20-314       Special Requirements for Swine, p. 2104, 179

32-21-315       Diagnostic Laboratory Fees, p. 158

32-21-317       Diagnostic Laboratory Fees, p. 599

 

(Board of Milk Control)

32-20-313       Milk Control Assessments, p. 2101, 69

32-21-316       Definitions - Regulation of Unfair Trade Practices - Reports and Records - Payments to Pool Producers and Adjustment of Accounts, p. 539, 763

 

NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

 

36-22-200       Oil and Gas Leases on State Lands, p. 459

36-22-210       Rangeland Management, p. 2107, 330

 

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

 

37-933             Updating Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 2048, 2111, 51, 180

37-936             Montana Telecommunications Access Program (MTAP) Financial Eligibility Criteria, p. 2113, 70

37-937             Substance Use Disorder (SUD) State Approval, p. 2309, 182

37-938             Big Sky Rx Benefit, p. 2314, 183

37-939             Newborn Screening, p. 2317, 184

37-940             Licensed Marriage and Family Therapists - Policy Changes for Medication Assisted Treatment, p. 52, 164, 331

37-941             Update of Effective Dates and Inclusion of Medicaid Manual Changes, p. 168, 334

37-942             Low Income Weatherization Assistance Program, p. 405, 621

37-943             Hospice Fee Schedule, p. 462, 764

37-944             Updating Medicaid and Non-Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 687

37-945             Fees for Copies of Birth Certificates - Amendment of Birth Certificate Gender Designations - Issuance of a Replacement Certificate, p. 608

37-946             Youth Care Facility Requirements, p. 700

37-948             Nursing Facility Reimbursement, p. 711

37-949             Developmental Disabilities Program Provider Rates Update, p. 748

 

PUBLIC SERVICE REGULATION, Department of, Title 38

 

38-2-247         Investigation and Discovery, p. 2320, 568

38-2-248         Commission Procedural Rules, p. 545

38-5-246         Pipeline Safety, p. 2232, 580

38-5-248         Advanced Metering Opt-Out, p. 111

 

REVENUE, Department of, Title 42

 

42-1024          Updates to the Montana Reappraisal Plan and Classification and Valuation Manuals, p. 1832, 2078, 71

42-1026          Montana Achieving a Better Life Experience (ABLE) Program Accounts and Family Education Plan Savings Accounts, p. 2116, 76

42-1027          Revisions to Definitions of Oil Stripper Well Bonus - Stripper Well Exemption, p. 2128, 77

42-1028          Tax Credits for Contributions to Qualified Education Providers, p. 2235, 122

42-1029          Common Carrier Reporting of Alcoholic Beverage Shipments, p. 56, 234

42-1030          Montana Medical Marijuana Program, p. 765

 

SECRETARY OF STATE, Office of, Title 44

 

44-2-242         Clarification of Business Services Division Filings and Fees, p. 550, 767

44-2-243         Records and Information Management Fees, p. 613

 

(Commissioner of Political Practices)

44-2-241         Payment Threshold--Inflation Adjustment for Lobbyists, p. 2131, 78