BEFORE THE Department of transportation

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I and II, the amendment of ARM 18.7.203, 18.7.204, and 18.7.206, and the repeal of 18.7.205 and 18.7.221 pertaining to Utility Right-of-Way Occupancy

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NOTICE OF DECISION ON PROPOSED ADOPTION, AMENDMENT, AND REPEAL

 

TO: All Concerned Persons

 

1. On May 27, 2022, the Department of Transportation published MAR Notice No. 18-187 pertaining to the public hearing on the proposed adoption, amendment, and repeal of the above-stated rules at page 722 of the 2022 Montana Administrative Register, Issue Number 10.

 

2.  A public hearing on the notice of proposed adoption, amendment, and repeal of the above-stated rules was held on June 22, 2022. 

 

3. On July 8, 2022, the department published a second notice of public hearing and extension of comment period on the proposed adoption, amendment, and repeal of the above-state rules at page 1176 of the 2022 Montana Administrative Register, Issue Number 13.

 

4. The department has decided to cancel the second public hearing on the proposed adoption, amendment, and repeal of the above-stated rules that was scheduled for July 15, 2022.

 

5.  The department has decided not to adopt New Rules I and II, amend ARM 18.7.203, 18.7.204, and 18.7.206, and repeal ARM 18.7.205 and 18.7.221, due to objections from the Transportation Interim Committee. The department is proposing to adopt new rules, amend ARM 18.7.203, 18.7.204, and 18.7.206, and repeal ARM 18.7.205 and 18.7.221 in a new rulemaking filed separately.

 

 

/s/ Carol Grell Morris            _                      /s/ Malcolm "Mack" Long               

Carol Grell Morris                                         Malcolm "Mack" Long

Rule Reviewer                                              Director

                                                                      Department of Transportation

 

Certified to the Secretary of State July 12, 2022.