BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                      OF THE STATE OF MONTANA 

 

In the matter of the repeal of ARM 24.15.101 and 24.15.501 pertaining to the Employment Relations Division

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NOTICE OF PROPOSED REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

            TO: All Concerned Persons

 

            1. The Department of Labor and Industry proposes to repeal the above-stated rules.

 

            2. The department 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 no later than 5:00 p.m., on April 1, 2022, to advise us of the nature of the accommodation that you need. Please contact Brandon Kirchgasler, P.O. Box 1728, Helena, Montana 59624-1728; telephone (406) 444-3359; or Montana Relay Service at 711; or e-mail bkirchgasler@mt.gov.

 

            3. The rules proposed to be repealed are as follows:

 

            24.15.101  DIVISION ORGANIZATION

 

            AUTH:   2-4-201, MCA

            IMP:       2-4-201, MCA

 

            24.15.501 ADOPTION OF MODEL RULES

 

            AUTH:   2-4-201, MCA

            IMP:       2-4-202, MCA

 

REASON: Reasonable necessity exists to repeal both rules because they are archaic and duplicative.  The division organization is set forth in the department's organizational rule at ARM 24.1.101.  This organizational rule is out of date.  The adoption of model rules is unnecessary and duplicative because the adoption is effectuated department-wide by ARM 24.2.101.  These rules were identified as part of Red Tape Relief efforts.

 

            4. Concerned persons may present their data, views, or arguments in writing to Brandon Kirchgasler, P.O. Box 1728, Helena, Montana 59624-1728, or e-mail bkirchgasler@mt.gov., and must be received no later than 5:00 p.m., April 8, 2022.

 

            5.  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 a written request for hearing and submit the request along with any written comments by the means set forth in Paragraph 4 no later than April 8. 2022.  If the department 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. The department believes all Montanans are equally affected by these rules.  As such, if 25 people request a hearing, one will be held.

 

            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, which includes the name and e-mail or mailing address of the person to receive notices and specifies the particular subject matter or matters regarding which the person wishes to receive notices. Such written request may be mailed or delivered to the contact person in paragraph 4 above or may be made by completing a request form at any rules hearing held by the agency.

 

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

 

            8. Pursuant to 2-4-111, MCA, the department has determined that the rule changes proposed in this notice will not have a significant and direct impact upon small businesses.

 

/s/ QUINLAN L. O'CONNOR Quinlan L. O'Connor Rule Reviewer	/s/ LAURIE ESAU Laurie Esau, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State March 1, 2022.