BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                             STATE OF MONTANA 

 

In the matter of the amendment of ARM 24.12.102 and 24.12.107 and the repeal of ARM 24.12.101, 24.12.103, 24.12.104, 24.12.105, 24.12.106, 2412.108, 24.12.109, and 24.12.110 pertaining to the displaced homemaker program

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

            1. On July 13, 2023, at 9:00 a.m., a public hearing will be held via remote conferencing to consider the proposed changes to 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/87444134404

                  Meeting ID: 874 4413 4404, Passcode: 455174

                  -OR-

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

                  Meeting ID: 874 4413 4404, Passcode: 455174

 

            2. The Department of Labor and Industry (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 July 6, 2023, to advise us of the nature of the accommodation that you need. Please contact the department at P.O. Box 1728, Helena, Montana 59624-1728; telephone (406) 444-5466; Montana Relay 711; or e-mail laborlegal@mt.gov.

 

            3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            24.12.102 DISPLACED HOMEMAKER PROGRAM DEFINITIONS As used in the subchapter, unless the context requires otherwise, the following definitions apply:

            (1) "Act" means the Displaced Homemaker Act, 1983 Mont. Laws, Ch. 709.

            (2) remains the same but is renumbered (1).

            (3) "Employability development plan" (EDP) means a written plan for each participant which outlines the steps necessary to obtain unsubsidized employment.

            (4)(2) "Participant" means an individual who is a Montana resident and who is determined eligible and is enrolled into any employment, training, or services program.

            (5) remains the same but is renumbered (3).

            (6) "Placement" means the act of securing unsubsidized employment for or by a participant.

            (7) "Program" means a multipurpose service program established by the commissioner to serve displaced homemakers.

            (8)(4) "Underemployed individuals" means:

            (a) persons who are working part time but seeking full time work; or

            (b) persons who are working full time but whose current annualized wage rate is not in excess of "for a family of one" the higher of either:

            (i)  the poverty level,; or

            (ii) 70 percent of the lower living standard income level.; or

            (c) persons licensed, or seeking licensure, as pediatric complex care assistants who have fully or partially exited the job market because of the need to care for a child.

            (9) remains the same but is renumbered (5).

            (10) "Operational costs" mean the total budget to operate the state displaced homemaker program, including administration, training and services. 

 

            AUTH: 39-7-306, MCA

            IMP:     39-7-301, 39-7-302, 39-7-303, 39-7-304, 39-7-305, 39-7-306, 39-7-307, 39-7-308, 39-7-309, 39-7-310, MCA

 

REASON: Reasonable necessity exists to amend this rule to remove definitions which were either not used or which duplicate statute and are therefore unnecessary.  Reasonable necessity exists to include a new subsection for underemployed individuals to recognize that workers who exit the job market to care for children and seek to reenter it as a pediatric complex care assistant may be served by the displaced homemaker program. There is also reasonable necessity to strike the program name from the catchphrase because it is an archaic practice, no longer in line with rulemaking standards.

 

24.12.107 DISPLACED HOMEMAKER PROGRAM, ALLOWABLE ACTIVITIES (1) remains the same.

            (2) Job counseling should consist of development of an employability development plan a plan outlining the steps necessary to obtain unsubsidized employment, identification of job barriers and skill assessment, and may also include testing, personal and career goal setting, and similar activities.

            (3) Job training includes, but is not limited to, enrollment in a public or proprietary school or other institutional setting for pre-vocational or vocational instruction, and training to obtain a pediatric complex care assistant license.

            (4) through (8) remain the same. 

 

            AUTH: 39-7-306, MCA

            IMP:     39-7-304, 39-7-305, MCA

 

REASON: Reasonable necessity exists to amend (2) to account for removal of the EDP definition.  This results in simpler, more concise rules, because the defined term was only used once in the rules.  Reasonable necessity exists to amend (3) to clarify that PCCA training is an allowable use. There is also reasonable necessity to strike the program name from the catchphrase because it is an archaic practice, no longer in line with rulemaking standards. 

 

            4. The rules proposed to be repealed are as follows:

 

            24.12.101 DISPLACED HOMEMAKER PROGRAM PURPOSE 

 

            AUTH: 39-7-306, MCA

            IMP:     39-7-302, MCA

           

REASON: There is reasonable necessity to repeal this rule because it is unnecessary to restate the purpose of the program in administrative rules.

 

            24.12.103 DISPLACED HOMEMAKER PROGRAM, ADMINISTRATIVE ENTITIES 

 

            AUTH: 39-7-306, MCA

            IMP:     39-7-308, MCA

 

REASON: Reasonable necessity exists to repeal this rule because it sets forth a business process which need not be specified in rule.

 

            24.12.104 DISPLACED HOMEMAKER PROGRAM, CRITERIA FOR GRANTMAKING 

 

            AUTH: 39-7-304, MCA

            IMP:     39-7-304, MCA

 

REASON: Reasonable necessity exists to repeal this rule because it merely sets forth that the department will engage in the procurement process to obtain services.  The criteria for selection will be set forth in the request for proposal process, and the requirements of the proposal, broadly, are set forth in program requirements of rule and statute.

 

            24.12.105 DISPLACED HOMEMAKER PROGRAM, GRADUATED FEE SCHEDULE 

 

            AUTH: 39-7-306, MCA

            IMP:     39-7-306, MCA

 

REASON: Reasonable necessity exists to repeal this rule because it sets forth business process unnecessary to be stated in rule. To the extent it is substantive, current applicable process is set forth in other rules.

 

            24.12.106 DISPLACED HOMEMAKER PROGRAM, ELIGIBILITY

 

            AUTH: 39-7-306, MCA

            IMP:     39-7-306, MCA

 

REASON: Reasonable necessity exists to repeal this rule in the interests of shortening and simplifying the administrative rules.  The substance of this rule may be codified elsewhere.

 

            24.12.108 DISPLACED HOMEMAKER PROGRAM, ANNUAL REPORT

 

            AUTH: 39-7-306, MCA

            IMP:     39-7-308, MCA

 

REASON: Reasonable necessity exists to repeal this rule because it is duplicative of statute.

 

24.12.109 DISPLACED HOMEMAKER PROGRAMS, FISCAL MANAGEMENT  

 

            AUTH: 39-7-306, MCA

            IMP:     39-7-308(2), MCA

 

REASON: Reasonable necessity exists to repeal this rule because it places business process in administrative rule.

 

            24.12.110 DISPLACED HOMEMAKER PROGRAM, EVALUATION 

 

            AUTH: 39-7-306, MCA

            IMP:     39-7-308, MCA

 

REASON: Reasonable necessity exists to repeal this rule because it is outdated and places business process in administrative rule.

 

            5. Concerned persons may present their data, views, or arguments at the hearing. Written data, views, or arguments may also be submitted at dli.mt.gov/rules or P.O. Box 1728; Helena, Montana 59624. Comments must be received no later than 5:00 p.m., July 21, 2023.

 

            6. An electronic copy of this notice of public hearing is available at dli.mt.gov/rules and sosmt.gov/ARM/register.

 

            7. The agency maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the agency. Persons wishing to have their name added to the list may sign up at dli.mt.gov/rules or by sending a letter to P.O. Box 1728; Helena, Montana 59624 and indicating the program or programs about which they wish to receive notices. 

 

            8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            9. Pursuant to 2-4-111, MCA, the agency has determined that the rule changes proposed in this notice will not have a significant and direct impact upon small businesses.

 

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

/s/ QUINLAN L. O'CONNOR Quinlan L. O'Connor Rule Reviewer	/s/ LAURIE ESAU Laurie Esau, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State June 13, 2023.