Accumulative Table No. 6   03/24/2023    
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                                         RECENT RULEMAKING BY AGENCY


The Administrative Rules of Montana (ARM) is a compilation of existing permanent rules of those executive agencies that have been designated by the Montana Administrative Procedure Act for inclusion in the ARM. The ARM is updated through December 31, 2022. This table includes notices in which those rules adopted during the period October 7, 2022, through March 10, 2023, occurred and any proposed rule action that was pending during the past 6-month period. (A notice of adoption must be published within six months of the published notice of the proposed rule.)  This table does not include the contents of this issue of the Montana Administrative Register (MAR or Register).


To be current on proposed and adopted rulemaking, it is necessary to check the ARM updated through December 31, 2022, this table, and the table of contents of this issue of the Register.


This table indicates the department name, title number, notice numbers in ascending order, the subject matter of the notice, and the page number(s) at which the notice is published in the 2022 or 2023 Montana Administrative Register.


To aid the user, this table includes rulemaking actions of such entities as boards and commissions listed separately under their appropriate title number.


ADMINISTRATION, Department of, Title 2


(Public Employees' Retirement Board)

2-43-633         Actuarial Rates and Assumptions, p. 1, 177

2-43-634         Amendment by Reference of the State of Montana Public Employee Deferred Compensation (457) Plan Document and Trust Agreement, p. 165


AGRICULTURE, Department of, Title 4


4-22-276         Wheat and Barley Assessment and Refunds, p. 1786, 11


STATE AUDITOR, Office of, Title 6


COMMERCE, Department of, Title 8


8-111-200       Public Participation - Incorporation of Model Rules - Meetings of the Board - Definitions, p. 200


(Board of Investments)

8-97-101         Board of Investments Rules, p. 1212, 12




(Board of Public Education)

10-55-290       Standards of Accreditation, p. 1966

10-58-272       Professional Educator Preparation Program Standards, p. 1376, 86


FISH, WILDLIFE AND PARKS, Department of, Title 12


12-592             Public Access Land Agreements, p. 2230, 4, 211

12-593             Closing the Valley Garden Fishing Access Site on the Madison River in Madison County, p. 2364

12-594             Closing the Ennis Fishing Access Site on the Madison River in Madison County, p. 13

12-595             Closing the York's Islands Fishing Access Site on the Missouri River in Broadwater County, p. 15


(Fish and Wildlife Commission)

12-560             Classification of Caracal Cat as a Prohibited Species, p. 950, 2189

12-591             Classification of Caracal Cat as a Controlled Species, p. 2064, 210


ENVIRONMENTAL QUALITY, Department of, Title 17


17-421             Review of Storm Water Designs- Individual and Shared Onsite Wastewater Systems - Well Locations, p. 2278

17-425             Opencut Mining Program, p. 1152, 2009

17-427             Temporary Water Quality Standards Variances, p. 1171, 2018


TRANSPORTATION, Department of, Title 18


CORRECTIONS, Department of, Title 20


JUSTICE, Department of, Title 23


23-3-268         Alcohol Analysis, p. 206

23-4-267         Drug and/or Alcohol Analysis, p. 168

23-12-266       Fire Safety, Fireworks - International Fire Code - Additional Definitions, p. 57, 212


(Public Safety Officers Standards and Training Council)

23-13-269       Certification of Public Safety Officers, p. 174


LABOR AND INDUSTRY, Department of, Title 24


Boards under the Business Standards Division are listed in alphabetical order by chapter following the department notices.


24-17-397       Prevailing Wages, p. 2006, 17

24-22-401       Workforce Innovation and Opportunity Act Montana State Plan Youth ITA Waiver Request, p. 154

24-22-402       Workforce Innovation and Opportunity Act Montana State Plan OSY Waiver Request, p. 155

24-101-398     Organizational, Procedural, and Public Participation Rules, p. 2331


(Board of Outfitters)

24-171-42       Board of Outfitters, p. 2345, 71


LIVESTOCK, Department of, Title 32


32-22-333       Time From Processing That Fluid Milk May Be Sold for Public Consumption, p. 145

32-22-337       Brands and Earmarks, p. 147



(Board of Milk Control)

32-23-334       Milk Control Assessments, p. 73, 213






37-970             Healthy Montana Kids Evidence of Coverage, p. 2235, 178

37-982             Public Swimming Pools, p. 2239, 179

37-994             Immunization Requirements and Exemptions for Children and Staff at Child Care Facilities, p. 1495, 2190

37-998             Marijuana Sampling Protocols, p. 2243

37-1010          State Approval of Substance Use Disorder Programs – Licensure of Substance Use Disorder Facilities – Behavioral Health and Development Disability Medicaid & Non-Medicaid Manuals, p. 1539, 1889, 2025, 2040

37-1013          Montana Tumor Registry, p. 76

37-1015          Laboratories That Conduct Analyses of Public Water Supplies, p. 79

37-1016          Premarital Blood Testing, p. 2256, 180

37-1018          Updating Medicaid and Non-Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 2202, 84, 181

37-1020          Licensure of Day Care Facilities, p. 2066

37-1024          Medicaid Coverage of Abortion Services, p. 2353


PUBLIC SERVICE REGULATION, Department of, Title 38


38-2-255         Interventions, p. 1185, 2266

38-2-258         Interventions, p. 2259, 150

38-5-256         Resource Planning, p. 1229, 2159, 21

38-5-260         Construction of Utility Lines and Facilities, p. 152


REVENUE, Department of, Title 42


42-1060          Waste Management Process Revision, p. 1648, 1945, 2027

42-1061          Montana Education Savings Plans (529 Plans), p. 1650, 1948

42-1062          Updates of the Montana Reappraisal Plan and Classification and Valuation Manuals, p. 2174, 43

42-1063          Agricultural Commodity Prices and Values, p. 2179, 2366

42-1064          Revisions to Railroad Income Apportionment Factors, p. 2182, 45

42-1065          2023 Personal Property Depreciation Schedules and Trend Tables, p. 2186, 2368


SECRETARY OF STATE, Office of, Title 44


44-2-264         Business Services Annual Report Filing Fee Waiver in 2024, p. 9


(Office of the Commissioner of Political Practices)

44-2-263         Payment Threshold–Inflation Adjustment for Lobbyists, p. 2264, 185


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