BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                      OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 24.38.101, 24.38.105, and 24.38.111, and the adoption of New Rules I and II pertaining to professional employer organizations

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NOTICE OF AMENDMENT AND ADOPTION

 

            TO: All Concerned Persons

 

            1. On April 29, 2022, the Department of Labor and Industry (department) published MAR Notice No. 24-38-391 pertaining to the public hearing on the proposed amendment and adoption of the above-stated rules at page 561 of the 2022 Montana Administrative Register, Issue Number 8.

 

            2. The department held a public hearing in Helena on May 24, 2022, over the Zoom videoconference and telephonic platform at which members of the public commented. Written comments were received during the public comment period.

 

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

 

COMMENT #1: One association commented in support of the rules as providing needed clarification for PEOs.

 

RESPONSE #1: The department acknowledges and appreciates the comment.

 

COMMENT #2: One commenter questioned whether the rules took into account electronic applications for licensure.

 

RESPONSE #2: The department appreciates the comment.  The rules do not specify the means of application for licensure.  As they have been previously, applications may continue to be received electronically.

 

            4. The department has amended ARM 24.38.101, 24.38.105, and 24.38.111 as proposed.

 

            5. The department has adopted New Rule I (24.38.103) and New Rule II (24.38.125) as proposed.

 

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

 

 

            Certified to the Secretary of State May 31, 2022.