BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                           STATE OF MONTANA

 

In the matter of the amendment of ARM 24.142.402 fee schedule, 24.142.2103 continuing education credits required, and the repeal of 24.142.2102 continuing education sponsors and courses, all pertaining to the Elevator Licensing Program

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NOTICE OF AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

            1. On September 10, 2021, the Department of Labor and Industry (department) published MAR Notice No. 24-142-3 regarding the public hearing on the proposed amendment and repeal of the above-stated rules, at page 1117 of the 2021 Montana Administrative Register, Issue No. 17.

 

            2. On October 14, 2021, a public hearing was held on the proposed amendment and repeal of the above-stated rules via the videoconference and telephonic platform. Comments were received by the October 14, 2021, deadline.

 

            3. The department has thoroughly considered the comments received. A summary of the comments and the department responses are as follows:

 

COMMENT 1: Three commenters opposed the repeal of ARM 24.142.2102, believing that it will diminish the quality of the continuing education (CE) that elevator operators elect to take and that elevator operators will not bother to get the required CE at all.

 

RESPONSE 1: Repealing ARM 24.142.2102 will not alter or remove the eight-hour annual CE requirement for elevator operators. The department is amending ARM 24.142.2103 to clarify that acceptable CE must be related to installing, altering, repairing, or testing elevators, escalators, and dumbwaiters, or other equipment subject to the provisions of 50-60-704, MCA. Elevator operators are subject to department CE audits, and when operators fail to obtain CE, or take CE that is not relevant, the audit process will discover the noncompliance. The department is repealing ARM 24.142.2102 as proposed.

 

COMMENT 2: One commenter supported the change, but questioned how the department will monitor elevator operators' completed CE. The commenter also asked if eight hours of CE annually is really necessary since elevator industry technology does not change often.

 

RESPONSE 2: If an elevator operator is selected for random CE audit, the audit staff will request proof of CE taken and evaluate the submission for compliance with the rules. Because the department did not propose any changes to the required CE amount, the question is outside of the scope of the current project. The department may consider the suggestion in future rulemaking.

 

            4. The department has amended ARM 24.142.402 and 24.142.2103 and repealed ARM 24.142.2102 exactly as proposed.

 

/s/ DARCEE L. MOE Darcee L. Moe Rule Reviewer	/s/ LAURIE ESAU Laurie Esau, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State January 4, 2022.