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| Montana Administrative Register Notice 23-3-268 | No. 5 03/10/2023 | |
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BEFORE THE DEPARTMENT OF JUSTICE OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On April 11, 2023, the Department of Justice proposes to amend the above-stated rules.
2. The Department of Justice 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 of Justice no later than 5:00 p.m. on March 24, 2023, to advise us of the nature of the accommodation that you need. Please contact Buffy Ekola, Department of Justice, 215 North Sanders, Helena, Montana 59620-1401; telephone (406) 444-5776; fax (406) 444-3549; or e-mail BEkola@mt.gov.
3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
23.3.953 DEFINITIONS The following definitions apply throughout this chapter: (1) through (9) remain the same.
23.3.954 LOW BREATH VOLUME MEDICAL EXEMPTION (1) through (3) remain the same.
23.3.955 IGNITION INTERLOCK DEVICE CERTIFICATION (1) remains the same.
23.3.957 MANDATORY REQUIREMENTS FOR AN IGNITION INTERLOCK DEVICE An IID must meet the following requirements before it may be certified: (1) through (17) remain the same.
23.3.960 APPLICATION FOR CERTIFICATION FOR AN IGNITION INTERLOCK DEVICE (1) and (2) remain the same.
23.3.965 MANUFACTURER OR VENDOR CERTIFICATION AND INSPECTION (1) and (2) remain the same.
23.3.970 MANUFACTURER, VENDOR, AND SERVICE CENTER INSPECTION (1) remains the same.
23.3.974 MOTOR VEHICLE DIVISION ISSUANCE OR RENEWAL OF CERTIFICATION (1) through (5) remain the same.
23.3.976 REVOCATION OR SURRENDER OF A CERTIFICATION (1) through (6) remain the same.
23.3.978 MODIFICATION TO A CERTIFIED IID (1) through (3) remain the same.
23.3.980 CERTIFIED IID INSTALLATION, MAINTENANCE, CALIBRATION, REMOVAL, AND REPORTS (1) through (14) remain the same.
23.3.984 ADDITIONAL REQUIREMENTS (1) through (3) remain the same.
23.3.990 REVIEW OF DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATION (1) through (5) remain the same.
23.3.991 HEARING AND APPEAL (1) remains the same.
REASON: Section 61-8-441, MCA, was repealed in 2021 and was replaced by 61-8-1025, MCA, thereby necessitating a change to these rules' authority and implementation statutes.
23.3.992 IMPOSITION OF ADMINISTRATIVE FEE FOR ALCOHOL OR DRUG TEST REFUSAL (1) and (2) remain the same.
23.3.993 PAYMENT (1) remains the same.
23.3.994 FEES DEPOSITED IN STATE SPECIAL REVENUE FUND (1) and (2) remain the same.
REASON: Section 61-8-402, MCA, was repealed in 2021 and was replaced by 61-8-1016, MCA, thereby necessitating a change to these rules' authority and implementation statutes.
4. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Buffy Ekola, Department of Justice, 215 North Sanders, Helena, Montana 59620-1401; telephone (406) 444-5776; fax (406) 444-3549; or e-mail BEkola@mt.gov, and must be received no later than 5:00 p.m., April 10, 2023.
5. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Buffy Ekola at the above address no later than 5:00 p.m., April 10, 2023.
6. If the agency 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. Ten percent of those directly affected has been determined to be 58 persons based on four interlock vendors and 581 active interlock customers.
7. 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 that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.
/s/ DAVID ORTLEY /s/ AUSTIN KNUDSEN David Ortley Austin Knudsen Rule Reviewer Attorney General Department of Justice
Certified to the Secretary of State February 28, 2023.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
