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Montana Administrative Register Notice 4-14-172 No. 5   03/13/2008    
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BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the proposed amendment of ARM 4.2.101 and 4.2.102 relating to model procedural rules, 4.9.201 relating to the wheat and barley procedural rule, 4.12.1502 relating to the public participation rule in the mint program, and adoption of New Rule I relating to hail insurance program public participation
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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND ADOPTION
 

 

TO: All Concerned Persons

 

1. On April 14, 2008, at 3:00 p.m., the Montana Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 303 N. Roberts at Helena, Montana, to consider the proposed amendment and adoption of the above-stated rules.

 

2. The Department of Agriculture will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Agriculture no later than 5:00 p.m. on March 27, 2008, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen at the Montana Department of Agriculture, 303 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; Phone: (406) 444-3144; Fax: (406) 444-5409; or e-mail: agr@mt.gov.

 

3. The rules as proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

 

4.2.101 MODEL PROCEDURAL RULES (1) The Department of Agriculture hereby adopts and incorporates the Attorney General's model rules as stated in ARM 1.3.201 1.3.101 through ARM 1.3.234 1.3.233 together with the exceptions and additions set forth in ARM 4.2.102 and ARM 4.2.103 below.

 

AUTH: 2-4-202, MCA

IMP: 2-4-202, MCA

 

4.2.102 EXCEPTIONS AND ADDITIONS FOR AGRICULTURAL SCIENCES DIVISION (1) ARM 1.3.201(1)(a) 1.3.204 requirements are modified by Section 80-8-105(1), MCA.

 

AUTH: 2-4-202, MCA

IMP: 2-4-202, MCA

 

REASON: To correct incorrect cites.

 

4.9.201 PROCEDURAL RULES (1) The committee department herein adopts and incorporates the Attorney General's model rules as stated in ARM 1.3.101 through 1.3.234 1.3.233, with any applicable deletions, modifications, and changes as set forth in Chapter 9, Sub-Title 3 of Title 4 ARM Title 4, chapter 9, subchapter 4, and the department's public participation rules in ARM 4.2.201 through 4.2.204.

 

AUTH: 2-15-121 80-11-205, MCA

IMP: 2-15-121 2-4-202, MCA

 

REASON: The Administrative Rules of Montana need to be corrected to reflect current rule numbers. The Montana Code Annotated references were corrected to better reflect the authority to implement the rules. The public participation rules are being added because they were adopted by the department in 1980 after the committee's rules were adopted.

 

4.12.1502 COMMITTEE PROCEDURE (1) The Montana mint committee department herein adopts and incorporates the model procedural rules set out in ARM 1.3.101 through 1.3.233 and the department public participation rules set out in ARM 4.2.201 through 4.2.204 with any exceptions, modifications, and additions thereto, as the committee may from time to time adopt.

 

AUTH: 2-4-201, 80-11-403, MCA

IMP: 2-4-201, 80-11-403, MCA

 

REASON: The public participation rules were adopted by the department in 1980, after the board's rules were adopted, and need to be added.

 

4. The rule proposed to be adopted provides as follows:

 

NEW RULE I PUBLIC PARTICIPATION (1) The department adopts and incorporates by reference the public participation rules of the Department of Agriculture as set forth in ARM 4.2.201 through 4.2.204. A copy of these rules may be obtained from the Montana Department of Agriculture, 303 N. Roberts, P.O. Box 200201, Helena, MT 59620-0201.

 

AUTH: 2-15-121, 80-2-201, MCA

IMP: 2-3-103, MCA

 

REASON: The public participation rules are being added because they were adopted by the department in 1980 after the board's rules were adopted.

 

5. Concerned persons may submit their data, views, or arguments concerning the proposed actions orally or in writing to Cort Jensen at the Montana Department of Agriculture, 303 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; Fax: (406) 444-5409; or e-mail: agr@mt.gov. Any comments must be received no later than 5:00 p.m. on April 10, 2008.

 

6. The Department of Agriculture 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 which includes the name, e-mail, and mailing address of the person 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 Montana Department of Agriculture, 303 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; Fax: (406) 444-5409; or e-mail: agr@mt.gov or may be made by completing a request form at any rules hearing held by the Department of Agriculture.

 

7. An electronic copy of this Notice of Public Hearing on Proposed Amendment and Adoption is available through the department's web site at www.agr.mt.gov, under the Administrative Rules section. The department strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

8. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.

 

DEPARTMENT OF AGRICULTURE

 

 

 

/s/ Ron de Yong                         /s/ Cort Jensen

Ron de Yong, Director                Cort Jensen

                                                Rule Reviewer

 

Certified to the Secretary of State, March 3, 2008.

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