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Montana Administrative Register Notice 24-101-398 No. 24   12/23/2022    
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BEFORE THE ALTERNATIVE HEALTH CARE BOARD, BOARD OF DENTISTRY, BOARD OF FUNERAL SERVICE, BOARD OF HEARING AID DISPENSERS, BOARD OF MASSAGE THERAPY, BOARD OF OCCUPATIONAL THERAPY PRACTICE, BOARD OF OUTFITTERS, BOARD OF PHARMACY, BOARD OF PLUMBERS, BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, BOARD OF PSYCHOLOGISTS, BOARD OF RADIOLOGIC TECHNOLOGISTS, BOARD OF REAL ESTATE APPRAISERS, BOARD OF SANITARIANS, BOARD OF SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS, AND BOARD OF VETERINARY MEDICINE

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment of ARM 24.111.101, 24.111.201, 24.111.202, 24.138.101, 24.138.201, 24.138.202, 24.147.101, 24.147.201, 24.147.202, 24.150.101, 24.150.201, 24.150.202, 24.155.202, 24.155.203, 24.165.101, 24.165.201, 24.165.202, 24.171.101, 24.171.201, 24.171.202, 24.174.101, 24.174.201, 24.174.202, 24.180.101, 24.180.201, 24.180.202, 24.183.101, 24.183.201, 24.183.202, 24.189.101, 24.189.201, 24.189.202, 24.204.101, 24.204.201, 24.204.202, 24.207.101, 24.207.201, 24.207.202, 24.216.101, 24.216.201, 24.216.202, 24.222.101, 24.222.201, 24.222.202, 24.225.101, 24.225.201, and 24.225.202, the transfer and amendment of 24.155.201, and the adoption of NEW RULE I, regarding organizational, procedural, and public participation rules

 

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT, TRANSFER AND AMENDMENT, AND ADOPTION

TO: All Concerned Persons

 

            1. On January 13, 2023, at 9:00 a.m., the Department of Labor and Industry (department) will hold a public hearing via remote conferencing to consider the proposed amendment, transfer and amendment, and adoption of the above-stated rules. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:

            a. Join Zoom Meeting, https://mt-gov.zoom.us/j/83722284237,

Meeting ID: 837 2228 4237, Passcode: 438998; or

            b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656,

Meeting ID: 837 2228 4237, Passcode: 438998.

                  

            The hearing will begin with a brief introduction by department staff to explain the use of the videoconference and telephonic platform. All participants will be muted except when it is their time to speak.

 

            2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing 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 January 6, 2023, to advise us of the nature of the accommodation that you need. Please contact Brandon Kirchgasler, Department of Labor and Industry, Office of Legal Services, P.O. Box 1728, Helena, Montana 59624-1728; telephone (406) 444-3359, facsimile (406) 444-4140, or Montana Relay Service at 711; or e-mail laborlegal@mt.gov.

 

            3. GENERAL STATEMENT OF REASONABLE NECESSITY: In 2001, the Montana Legislature transferred professional and occupational licensing functions from the Department of Commerce (DOC) to the Department of Labor and Industry (department) via Senate Bill 445. With the transfer, the professional and occupational licensing boards and programs became allocated to the department for administrative purposes. Because the department had not previously promulgated public participation rules, and to maintain procedural continuity and afford licensees, license applicants, and the public the right of public participation per 2-3-103, MCA, all references to DOC's citizen participation rules remained in place in the boards' administrative rules. Following the transfer to the department, the professional and occupational licensing boards and programs have continuously operated to permit and encourage the public to participate in agency decisions that are of significant interest to the public.

            In MAR Notice No. 24-2-390, the department adopted three new rules regarding public participation to fully comply with the requirements of 2-3-103, MCA, and meet the needs of the department, its customers, and the Montana public. The three rules were adopted exactly as proposed and became effective June 11, 2022.

            Once the department's rules were effective, it became necessary to amend the licensing boards' rules to reference and incorporate them. The department determined it is reasonably necessary to combine the boards' related rule amendments into two rulemaking notices for timeliness, efficiency, and cost effectiveness. Implementing the rules simultaneously for as many boards as possible will reduce confusion regarding the rulemaking process and ensure that most boards operate under the same public participation rules at the same time. Twenty of the boards administratively attached to the department amended their rules effective September 23, 2022, to incorporate and align with the department's new public participation rules, in MAR Notice No. 24-101-395.

            It is reasonably necessary to now amend the remaining 16 boards' rules that were not included in the first project. Where necessary, authority and implementation citations are amended to accurately reflect all statutes implemented through a rule and provide the complete sources of a board's rulemaking authority. Where additional specific bases for a proposed action exist, the individual board will identify those reasons immediately following that rule.

 

            4. Several boards administratively attached to the department are proposing to adopt and amend specific board rules to align with the department's new public participation rules within this notice and correct references from the Department of Commerce to the Department of Labor and Industry. The proposed amendments, transfer and amendment, and new rule are presented in alphabetical order and grouped according to each board or program for clarity, readability, and ease of reference within this notice. The rules proposed to be amended, transferred and amended, or adopted provide as follows, stricken matter interlined, new matter underlined:

 

ALTERNATIVE HEALTH CARE BOARD

 

            24.111.101 BOARD ORGANIZATION (1) The Board of Alternative Health Care Board hereby adopts and incorporates by reference the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-26-201, 37-27-105, MCA

            IMP:    2-4-201, MCA

 

            24.111.201 PROCEDURAL RULES (1) The Board of Alternative Health Care Board hereby adopts and incorporates by reference the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, 37-26-201, 37-27-105, MCA

            IMP:    2-4-201, MCA

 

            24.111.202 PUBLIC PARTICIPATION (1) The Board of Alternative Health Care Board hereby adopts and incorporates by reference the public participation rules of the Department of Commerce Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-3-103, 37-26-201, 37-27-105, MCA

            IMP:     2-3-103, MCA

 

                                                                        ALTERNATIVE HEALTH CARE BOARD

                                                                        SHEEHAN EDNIE-ROSEN, DEM,

                                                                        PRESIDING OFFICER

 

 

BOARD OF DENTISTRY

 

            24.138.101  BOARD ORGANIZATION (1) The board of dentistry hereby Board of Dentistry adopts and incorporates for the practices of dentistry, dental hygiene and denturitry the organizational rules of the department of labor and industry Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, MCA

            IMP:     2-4-201, 37-1-131, 37-4-205, 37-29-201, MCA

 

            24.138.201 PROCEDURAL RULES (1) The board of dentistry hereby Board of Dentistry adopts and incorporates for the practices of dentistry, dental hygiene, and denturitry the procedural rules of the department of labor and industry Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, MCA

            IMP:     2-4-201, 37-1-131, 37-4-205, 37-29-201, MCA

 

            24.138.202 PUBLIC PARTICIPATION (1) The board of dentistry hereby Board of Dentistry adopts and incorporates for the practices of dentistry, dental hygiene and denturitry by this reference the public participation rules of the department of commerce Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-3-103, MCA

            IMP:     2-3-103, 37-1-131, 37-4-205, 37-29-201, MCA

 

                                                                        BOARD OF DENTISTRY

                                                                        DIANE KLEMANN, R.D.H., PRESIDENT

 

 

BOARD OF FUNERAL SERVICE

 

            24.147.101 BOARD ORGANIZATION (1) The board of funeral service hereby Board of Funeral Service adopts and incorporates the organizational rules of the department of labor and industry Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-19-202, MCA

            IMP:     2-4-201, MCA

 

            24.147.201 PROCEDURAL RULES (1) The board of funeral service hereby Board of Funeral Service adopts and incorporates the procedural rules of the department of labor and industry Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, 37-19-202, MCA

            IMP:     2-4-201, MCA

 

            24.147.202 CITIZEN PUBLIC PARTICIPATION RULES  (1) The board of funeral service hereby Board of Funeral Service adopts and incorporates by this reference the public participation rules of the department of commerce Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-3-103, 37-19-202, MCA

            IMP:     2-3-103, MCA

 

                                                                        BOARD OF FUNERAL SERVICE

                                                                        JIM AXELSON, PRESIDING OFFICER

 

 

BOARD OF HEARING AID DISPENSERS

 

            24.150.101 BOARD ORGANIZATION (1) The Board of Hearing Aid Dispensers hereby adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-16-202, MCA

            IMP:     2-4-201, MCA

 

            24.150.201 PROCEDURAL RULES (1) The Board of Hearing Aid Dispensers hereby adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, 37-16-202, MCA

            IMP:     2-4-201, MCA

 

            24.150.202 CITIZEN PUBLIC PARTICIPATION RULES (1) The Board of Hearing Aid Dispensers hereby adopts and incorporates by this reference the public participation rules of the Department of Commerce Labor and Industry as listed in chapter 2 of Title 8 this title.

 

            AUTH: 2-3-103, 37-16-202, MCA

            IMP:     2-3-103, MCA

 

                                                                        BOARD OF HEARING AID DISPENSERS

                                                                        MICHAEL SPINTI, PRESIDING OFFICER

 

 

BOARD OF MASSAGE THERAPY

 

            24.155.201 (24.155.101)  BOARD ORGANIZATION  (1) The Board of Massage Therapy hereby adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-33-405, MCA

            IMP:     2-4-201, MCA

 

REASON: This rule is being transferred because it is necessary to renumber the rule for consistency with the numbering of other professional licensing boards' organizational rules.

 

            24.155.202 PROCEDURAL RULES (1)  The Board of Massage Therapy hereby adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, 37-33-405, MCA

            IMP:     2-4-201, MCA

 

            24.155.203 PUBLIC PARTICIPATION (1) The Board of Massage Therapy hereby adopts and incorporates by this reference the public participation rules of the Department of Commerce Labor and Industry as listed in chapter 2 of this title 8.

 

            AUTH: 2-3-103, 37-33-405, MCA

            IMP:    2-3-103, MCA

 

                                                                        BOARD OF MASSAGE THERAPY

                                                                        PEG HOLWICK, CHAIR

 

 

BOARD OF OCCUPATIONAL THERAPY PRACTICE

 

            24.165.101 ORGANIZATIONAL RULE BOARD ORGANIZATION (1) The Board of Occupational Therapy Practice adopts and incorporates the organization organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-24-201, MCA

            IMP:     2-4-201, MCA

 

            24.165.201 PROCEDURAL RULES (1) The Board of Occupational Therapy Practice adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, 37-24-201, MCA

            IMP:     2-4-201, MCA

 

            24.165.202 PUBLIC PARTICIPATION (1) The Board of Occupational Therapy Practice adopts and incorporates by this reference the public participation rules of the Department of Commerce Labor and Industry as listed in chapter 2 of Title 8 this title.

 

            AUTH:  2-3-103, 37-24-201, MCA

            IMP:     2-3-103, MCA

 

                                                            BOARD OF OCCUPATIONAL THERAPY

                                                            PRACTICE

TWYLLA KIRCHEN, OT, PRESIDING OFFICER

 

 

BOARD OF OUTFITTERS

 

            24.171.101 BOARD ORGANIZATION (1) The Board of Outfitters hereby adopts and incorporates the organizational rules of the Department of Labor and Industry listed at chapter 1 of this title of the Administrative Rules of Montana.

            (2) It is the policy, intent, and purpose of the Board of Outfitters to provide quality regulatory functions and services to the profession it regulates and the public in order to promote, maintain, and preserve an ever-improving high degree of competence in the profession, satisfaction in the public, and an everlasting environment in which the profession operates.

 

            AUTH: 2-4-201, MCA

            IMP:     2-4-201, MCA

 

REASON: The Board of Outfitters is striking (2) and moving the information on board purpose to New Rule I for better organization and clarity.

 

            24.171.201 PROCEDURAL RULES (1)  The Board of Outfitters hereby adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title of the Administrative Rules of Montana.

 

            AUTH:  2-4-201, 37-47-201, MCA

            IMP:     2-4-201, 37-47-201, MCA

 

            24.171.202 PUBLIC PARTICIPATION RULES (1) The Board of Outfitters hereby adopts and incorporates the citizen public participation rules of the Department of Commerce Labor and Industry as listed in chapter 2 of Title 8 this title.

            (2) Dates, times, and places for meetings and other activities of the Board of Outfitters may be obtained by contacting the board office.

            (3) Communications to the Board of Outfitters may be made to:  Board of Outfitters, Department of Labor and Industry, 301 S. Park, P.O. Box 200513, Helena, Montana 59620-0513.

            (4) In addition to any other means provided by law or rule, a person wanting to receive notice of board activities of significant interest to that person may contact the board office, in writing, and request that his or her name, address, and phone number be placed on the board's "mailing list" and designate those activities of interest. The request shall be effective until January 1 of the following year, at which time it may be renewed by written request annually.

 

            AUTH: 2-3-103, 37-47-201, MCA

            IMP:     2-3-103, 37-47-201, MCA

 

REASON: The board is striking information that is adequately addressed in standardized procedures and provided on the board's public web site.

 

            NEW RULE I BOARD PURPOSE (1) It is the policy, intent, and purpose of the Board of Outfitters to provide quality regulatory functions and services to the professions it regulates and the public to promote, maintain, and preserve an ever-improving high degree of competence in the professions, satisfaction in the public, and an everlasting environment in which the professions operate.

 

            AUTH: 37-47-201, MCA

            IMP:     37-47-201, MCA

 

REASON: The board is adopting this new rule to set forth provisions on board purpose previously located in ARM 24.171.101.

 

                                                                        BOARD OF OUTFITTERS

                                                                        JOHN WAY, CHAIR

 

 

BOARD OF PHARMACY

 

            24.174.101 BOARD ORGANIZATION (1) The board of pharmacy hereby Board of Pharmacy adopts and incorporates the organizational rules of the department of labor and industry Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-7-201, MCA

            IMP:     2-4-201, MCA

 

            24.174.201  PROCEDURAL RULES (1) The board of pharmacy hereby Board of Pharmacy adopts and incorporates the procedural rules of the department of labor and industry Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, 37-7-201, MCA

            IMP:     2-4-201, MCA

 

            24.174.202 PUBLIC PARTICIPATION RULES (1) The board of pharmacy hereby Board of Pharmacy adopts and incorporates by this reference the public participation rules of the department of commerce Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-3-103, 37-7-201, MCA

            IMP:     2-3-103, MCA

 

                                                                        BOARD OF PHARMACY

                                                                        TONY KING, PHARMACIST, PRESIDENT

 

 

BOARD OF PLUMBERS

 

            24.180.101 BOARD ORGANIZATION (1)  The Board of Plumbers hereby adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-69-202, MCA

            IMP:     2-4-201, MCA

 

            24.180.201 PROCEDURAL RULES (1) The Board of Plumbers hereby adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH:  2-4-201, 37-69-202, MCA

            IMP:     2-4-201, MCA

 

            24.180.202 CITIZEN PUBLIC PARTICIPATION (1) The Board of Plumbers hereby adopts and incorporates by this reference the public participation rules of the Department of Commerce Labor and Industry as listed in chapter 2 of Title 8 this title.

 

            AUTH: 2-3-103, 37-69-202, MCA

            IMP:     2-3-103, MCA

 

                                                                        BOARD OF PLUMBERS

                                                                        JEFF GRUIZENGA, PRESIDING OFFICER

 

 

BOARD OF PROFESSIONAL ENGINEERS AND

PROFESSIONAL LAND SURVEYORS

 

            24.183.101 BOARD ORGANIZATION (1) The board of professional engineers and land surveyors hereby Board of Professional Engineers and Professional Land Surveyors adopts and incorporates the organizational rules of the department of labor and industry Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-67-202, MCA

            IMP:     2-4-201, MCA

 

            24.183.201 PROCEDURAL RULES (1) The board of professional engineers and land surveyors hereby Board of Professional Engineers and Professional Land Surveyors adopts and incorporates the procedural rules of the department of labor and industry Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, 37-67-202, MCA

            IMP:     2-4-201, MCA

 

            24.183.202 PUBLIC PARTICIPATION RULES (1) The board of professional engineers and land surveyors hereby Board of Professional Engineers and Professional Land Surveyors adopts and incorporates by this reference the public participation rules of the department of commerce Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-3-103, 37-67-202, MCA

            IMP:     2-3-103, MCA

 

                                                                        BOARD OF PROFESSIONAL ENGINEERS

                                                                        AND PROFESSIONAL LAND

                                                                        SURVEYORS

                                                                        RON DRAKE, PRESIDING OFFICER

 

 

BOARD OF PSYCHOLOGISTS

 

            24.189.101 BOARD ORGANIZATION (1) The board of psychologists hereby Board of Psychologists adopts and incorporates the organizational rules of the department of labor and industry Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-17-202, MCA

            IMP:     2-4-201, MCA

 

            24.189.201 PROCEDURAL RULES (1) The board of psychologists hereby Board of Psychologists adopts and incorporates the procedural rules of the department of labor and industry Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH:  2-4-201, 37-17-202, MCA

            IMP:     2-4-201, MCA

 

            24.189.202 PUBLIC PARTICIPATION RULES (1) The board of psychologists hereby Board of Psychologists adopts and incorporates by this reference the public participation rules of the department of commerce Department of Labor and Industry as listed in chapter 2 of Title 8 this title.

 

            AUTH:  2-3-103, MCA

            IMP:     2-3-103, MCA

 

                                                                        BOARD OF PSYCHOLOGISTS

                                                                        LORETTA BOLYARD, Ph.D.,

                                                                        PRESIDING OFFICER

 

 

BOARD OF RADIOLOGIC TECHNOLOGISTS

 

            24.204.101  BOARD ORGANIZATION (1) The board of radiologic technologists Board of Radiologic Technologists adopts and incorporates the organizational rules of the department of labor and industry Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-14-202, MCA

            IMP:     2-4-201, MCA

 

24.204.201  PROCEDURAL RULES (1) The board of radiologic technologists Board of Radiologic Technologists adopts and incorporates the procedural rules of the department of labor and industry Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, 37-14-202, MCA

            IMP:     2-4-201, MCA

 

            24.204.202 PUBLIC PARTICIPATION RULES (1) The board of radiologic technologists hereby Board of Radiologic Technologists adopts and incorporates by this reference the public participation rules of the department of commerce Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-3-103, 37-14-202, MCA

            IMP:     2-3-103, MCA

 

                                                                        BOARD OF RADIOLOGIC

                                                                        TECHNOLOGISTS

                                                                        MIKE NIELSEN, RPA,

                                                                        PRESIDING OFFICER

 

 

BOARD OF REAL ESTATE APPRAISERS

 

            24.207.101 BOARD ORGANIZATION (1)  The Board of Real Estate Appraisers hereby adopts and incorporates by reference the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

            (2) The presiding officer shall preside at all meetings and shall perform such duties as the board may direct. At any meeting at which the presiding officer is absent, the vice presiding officer will serve as the presiding officer.

            (3) The board shall hold an annual meeting prior to October 31 of each year for purposes of electing officers from among its members, each for a term of one year, or until a successor has been duly elected and qualified.

            (4) Meetings shall be held, after reasonable notice, at the call of the presiding officer or a majority of the members of the board.

 

            AUTH: 2-4-201, 37-54-105, MCA

            IMP:    2-4-201, MCA

 

            24.207.201 PROCEDURAL RULES  (1) The Board of Real Estate Appraisers hereby adopts and incorporates by reference the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, 37-54-105, MCA

            IMP:     2-4-201, MCA

 

            24.207.202  PUBLIC PARTICIPATION  (1) The Board of Real Estate Appraisers hereby adopts and incorporates by reference the public participation rules of the Department of Commerce Labor and Industry as listed in chapter 2 of Title 8 this title.

 

            AUTH: 2-3-103, 37-54-105, MCA

            IMP:     2-3-103, MCA

 

                                                                        BOARD OF REAL ESTATE APPRAISERS

                                                                        GREGORY THORNQUIST,

                                                                        PRESIDING OFFICER

 

 

BOARD OF SANITARIANS

 

            24.216.101  BOARD ORGANIZATION (1)  The Board of Sanitarians hereby adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-40-203, MCA

            IMP:     2-4-201, MCA

 

            24.216.201 PROCEDURAL RULES (1)  The Board of Sanitarians hereby adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, 37-40-203, MCA

            IMP:     2-4-201, MCA

 

            24.216.202 PUBLIC PARTICIPATION RULES (1) The Board of Sanitarians hereby adopts and incorporates by this reference the public participation rules of the Department of Commerce Labor and Industry as listed in chapter 2 of this title.

 

            AUTH:  2-3-103, 37-40-203, MCA

            IMP:     2-3-103, MCA

 

                                                                        BOARD OF SANITARIANS

                                                                        MEGAN BULLOCK, RS,

                                                                        PRESIDING OFFICER

 

 

BOARD OF SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

 

            24.222.101 BOARD ORGANIZATION (1) The Board of Speech-Language Pathologists and Audiologists hereby adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH: 2-4-201, 37-15-202, MCA

            IMP:     2-4-201, MCA

 

            24.222.201 PROCEDURAL RULES (1) The Board of Speech-Language Pathologists and Audiologists hereby adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH: 2-4-201, 37-15-202, MCA

            IMP:    2-4-201, MCA

 

            24.222.202 PUBLIC PARTICIPATION RULES (1) The Board of Speech-Language Pathologists and Audiologists hereby adopts and incorporates by this reference the public participation rules of the Department of Commerce Labor and Industry as listed in chapter 2 of ARM Title 8 this title.

 

            AUTH: 2-3-103, 37-15-202, MCA

            IMP:     2-3-103, MCA

 

                                                                        BOARD OF SPEECH-LANGUAGE

                                                                        PATHOLOGISTS AND AUDIOLOGISTS

                                                                        HILLARY CARTER, AuD

                                                                        PRESIDING OFFICER

 

 

BOARD OF VETERINARY MEDICINE

 

            24.225.101 BOARD ORGANIZATION (1) The Board of Veterinary Medicine hereby adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

 

            AUTH:  2-4-201, 37-18-202, MCA

            IMP:    2-4-201, MCA

 

            24.225.201 PROCEDURAL RULES  (1) The Board of Veterinary Medicine hereby adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

 

            AUTH:  2-4-201, 37-18-202, MCA

            IMP:    2-4-201, MCA

 

            24.225.202 PUBLIC PARTICIPATION RULES (1) The Board of Veterinary Medicine hereby adopts and incorporates by this reference the public participation rules of the Department of Commerce Labor and Industry as listed in chapter 2 of Title 8 this title.

 

            AUTH: 2-3-103, 37-18-202, MCA

            IMP:     2-3-103, MCA

 

                                                                        BOARD OF VETERINARY MEDICINE

                                                                        TIA NELSON, DVM, PRESIDENT

 

            5. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to Brandon Kirchgasler, Department of Labor and Industry, Office of Legal Services, P.O. Box 1728, Helena, Montana 59624-1728; facsimile (406) 444-4140; or e-mail laborlegal@mt.gov, and must be received no later than 5:00 p.m., January 20, 2023.

 

            6. The department and boards maintain list of interested persons who wish to receive notices of rulemaking actions proposed by the 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 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 2 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 boards have determined that the rule changes proposed in this notice will not have a significant and direct impact upon small businesses.

 

            9. Department staff has been designated to preside over and conduct this hearing.

 

 

/s/ DARCEE L. MOE                                 /s/ LAURIE ESAU

Darcee L. Moe                                           Laurie Esau, Commissioner

Rule Reviewer                                           DEPARTMENT OF LABOR AND INDUSTRY

 

            Certified to the Secretary of State December 13, 2022.

 

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