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| Montana Administrative Register Notice 23-14-271 | No. 8 04/28/2023 | |
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BEFORE THE DEPARTMENT OF JUSTICE AND THE BOARD OF CRIME CONTROL OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On May 28, 2023, the Department of Justice, Board of Crime Control, proposes to amend and repeal the above-stated rules.
2. The Department of Justice, Board of Crime Control, 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, Board of Crime Control, no later than 5:00 p.m. on May 14, 2023, to advise us of the nature of the accommodation that you need. Please contact Natalia Bowser, Director, Board of Crime Control, 5 S. Last Chance Gulch, P.O. Box 201408, Helena, Montana, 59620; telephone (406) 444-4244; fax (406) 444-4722; or e-mail nbowser@mt.gov.
3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
23.14.102 BOARD OF CRIME CONTROL FUNCTIONS (1) through (4) remain the same. (5) Information regarding justice planning and grant administration may be
Montana Board of Crime Control is administratively attached to the Department of
REASON: The board's address has changed, and the 2021 Montana Legislature transferred the administrative function and responsibilities for the program from the Department of Corrections to the Department of Justice. The authority and implementation statutes were reviewed and updated.
23.14.208 INCORPORATION OF MODEL RULES (1) remains the same.
23.14.209 MAINTENANCE OF POLICY AND PROCEDURE MANUAL FOR INTERNAL MANAGEMENT (1) remains the same.
23.14.210 APPLICATIONS FOR FINANCIAL ASSISTANCE (1) remains the same.
23.14.308 MATCHING RATIOS (1) remains the same.
23.14.309 MATCHING REQUIREMENTS (1) through (5) remain the same.
23.14.310 BUDGET REQUIREMENTS (1) remains the same.
IMP:
23.14.311 GENERAL REQUIREMENTS (1) and (2) remain the same.
23.14.312 APPLICANTS AGREEMENTS (1) remains the same.
23.14.313 NONSUPPLANTING REQUIREMENT (1) and (2) remain the same.
REASON: The authority and implementation statutes were reviewed and updated.
23.14.609 GENERAL DEFINITIONS (1) "Board" means the Board of Crime Control as provided in (2) through (5) remain the same.
AUTH: 41-5-1908, MCA IMP: 41-5-1805, 41-5-1903, MCA
REASON: Section 2-15-2006, MCA, was renumbered 2-15-2306, MCA, in 2017, Sec. 25(4), Ch. 384, L. 2017.
23.14.610 REGIONAL PLANNING BOARDS (1) through (4) remain the same.
AUTH: IMP:
REASON: The authority and implementation statutes were renumbered in 1997, Sec. 47, Ch. 286, L. 1997.
23.14.615 REGIONAL DETENTION TASK FORCE (1) and (2) remain the same.
AUTH: IMP:
REASON: The authority and implementation statute 41-5-1008, MCA, was renumbered 41-5-1908, MCA, in 1997, Sec. 47, Ch. 286, L. 1997. The other two implementation statutes were renumbered in 2017, Sec. 25(4), Ch. 384, L. 2017.
4. The board proposes to repeal the following rules:
23.14.1010 DEFINITIONS
AUTH: 44-4-301(2), 44-4-403(3), MCA IMP: 44-4-301(2), 44-4-403(3), MCA
23.14.1011 PURPOSE
AUTH: 44-4-301(2), 44-4-403(3), MCA IMP: 44-4-301(2), 44-4-403(3), MCA
23.14.1012 APPEAL REVIEW COMMITTEE
AUTH: 44-4-301(2), 44-4-403(3), MCA IMP: 44-4-301(2), 44-4-403(3), MCA
23.14.1013 RIGHT TO APPEAL
AUTH: 44-4-301(2), 44-4-403(3), MCA IMP: 44-4-301(2), 44-4-403(3), MCA
23.14.1014 RECORD OF PROCEEDINGS
AUTH: 44-4-301(2), 44-4-403(3), MCA IMP: 44-4-301(2), 44-4-403(3), MCA
23.14.1015 NOTICE OF REVIEW
AUTH: 44-4-301(2), 44-4-403(3), MCA IMP: 44-4-301(2), 44-4-403(3), MCA
23.14.1016 COMMITTEE REVIEW PROCEDURE
AUTH: 44-4-301(2), 44-4-403(3), MCA IMP: 44-4-301(2), 44-4-403(3), MCA
23.14.1017 RECOMMENTATION OF THE APPEAL REVIEW COMMITTEE
AUTH: 44-4-301(2), 44-4-403(3), MCA IMP: 44-4-301(2), 44-4-403(3), MCA
23.14.1018 BOARD FINAL DECISION
AUTH: 44-4-301(2), 44-4-403(3), MCA IMP: 44-4-301(2), 44-4-403(3), MCA
REASON: The repeal of these rules is necessary because the 2021 Montana Legislature removed this duty from the Board of Crime Control in House Bill 23, Ch. 83, L. 2021.
5. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Natalia Bowser, Director, Board of Crime Control, 5 South Last Chance Gulch, PO Box 201408, Helena, Montana, 59620; telephone (406) 444-4244; fax (406) 444-4722; or e-mail nbowser@mt.gov. and must be received no later than 5:00 p.m., May 26, 2023.
6. 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 Natalia Bowser at the above address no later than 5:00 p.m., May 26, 2023.
7. 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. The number of persons affected is less than 250, therefore a public hearing will be held if 25 or more people request one.
8. 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 5 above or may be made by completing a request form at any rules hearing held by the department.
9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.
/s/ DAVID ORTLEY /s/ AUSTIN KNUDSEN David Ortley Austin Knudsen Deputy Attorney General Attorney General Rule Reviewer Department of Justice
Certified to the Secretary of State April 18, 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.
