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 March 31, 2023. This table includes notices in which those rules adopted during the period January 27, 2023, through July 7, 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 March 31, 2023, 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 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

 

2-59-639        Bank Semiannual Assessments, p. 599

2-59-640        Renewal Fees of Mortgage Brokers, Mortgage Lenders, Mortgage Servicers, and Mortgage Loan Originators, p. 602

 

(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, 401

 

(Montana Tax Appeal Board)

2-51-629        Model Procedural Rules - Orders of the Board - Decision by the Board, p. 596

 

AGRICULTURE, Department of, Title 4

 

STATE AUDITOR, Office of, Title 6

 

6-275            Approved Risk List, p. 317, 476

6-276            Fire Premium Allocation - Presumptively Reasonable Allocations, p. 460, 605

6-277            Bail Bond Documents, p. 534

6-278            Status of Carriers as Small Insurer Health Carriers, p. 608

 

COMMERCE, Department of, Title 8

 

8-94-201        Administration of the Montana Coal Endowment Program (MCEP) - Emergency Grants - Planning Grants, p. 370

8-111-200      Public Participation - Incorporation of Model Rules - Meetings of the Board - Definitions, p. 200, 402

 

EDUCATION, Title 10

 

(Board of Public Education)

10-55-290         Standards of Accreditation, p. 1966, 255, 403

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

12-596           Closing the Bjornberg Bridge Fishing Access Site in Phillips County, p. 405, 449

12-597           Closing the Alkali Creek Fishing Access Site in Phillips County, p. 407, 450

12-598           Closing the Cree Crossing Wildlife Management Area on the Milk River in Phillips County, p. 409, 451

12-599           Closing the Truly Bridge Fishing Access Site in Cascade County, p. 477, 564

12-601           Partial Closure of the Jefferson River From the Williams Bridge Fishing Access Site to the Meridian Bridge in Jefferson County, p. 518

12-602           Closing the Alder Bridge Fishing Access Site on the Ruby River in Madison County, p. 520, 565

12-604           Closing the Rosebud Isle Fishing Access Site in Stillwater County, p. 667

12-605           Closing the Yellowstone River Near the Twin Bridges Road Railroad Bridge in Stillwater County, p. 669

 

(Fish and Wildlife Commission)

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

12-606           Brinkman Game Preserve, p. 611

 

ENVIRONMENTAL QUALITY, Department of, Title 17

 

17-421           Review of Storm Water Designs- Individual and Shared Onsite Wastewater Systems - Well Locations, p. 2278, 324

17-429           Modernizing Application and Notice Requirements - Allowing for Electronic-Only Submittal and Use of Modern Mapping Technologies - Eliminating Requirements Related to Temporary Construction Camps - General Housekeeping Updates, p. 373

 

TRANSPORTATION, Department of, Title 18

 

18-190           Motor Carrier Services Safety Requirements, p. 389, 566

18-191           Alternative Project Delivery Methods, p. 503

18-192           Utility and Eligible Project Right-of-Way Occupancy, p. 613

18-193           Fuel Tax Bridge and Road Safety and Accountability Program, p. 463

18-194           Refunds of Gasoline and Special Fuel Tax, p. 466, 671

 

CORRECTIONS, Department of, Title 20

 

JUSTICE, Department of, Title 23

 

23-3-268        Alcohol Analysis, p. 206, 411

23-3-272        Driver Licensing and Licensing Operators of Commercial Motor Vehicles, p. 506

23-4-267        Drug and/or Alcohol Analysis, p. 168, 413

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, 479

 

(Board of Crime Control)

23-14-270      Board of Crime Control, p. 298

23-14-271      Board of Crime Control, p. 392, 567

 

LABOR AND INDUSTRY, Department of, Title 24

 

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

 

24-12-405      Displaced Homemaker Program, p. 537

24-22-400      Incumbent Worker Training, p. 223, 568

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

24-23-404      Job Growth Incentive Tax Credit, p. 511

24-29-399      Workers' Compensation Medical Fee Schedule, p. 319, 522

24-29-403      Utilization and Treatment Guidelines - Drug Formulary for Workers' Compensation Purposes, p. 398, 523

24-101-398    Organizational, Procedural, and Public Participation Rules, p. 2331, 300

 

(Alternative Health Care Board)

24-111-28      Midwife Prescribing, p. 542

 

(Board of Nursing)

24-159-93      Continuing Education, p. 560

24-159-94      Informational Notice of Proposed Rulemaking - Proposed 2023 Rulemaking by the Interstate Commission of Nurse Licensure Compact Administrators, p. 483

 

(Board of Outfitters)

24-171-42      Board of Outfitters, p. 2345, 71, 354

 

LIVESTOCK, Department of, Title 32

 

32-23-333      Time From Processing That Fluid Milk May Be Sold for Public Consumption, p. 145, 358

32-23-336      Department of Livestock Meat Inspection and Milk and Egg Bureau Fees, p. 226, 452

32-23-337      Brands and Earmarks, p. 147, 359

 

(Board of Milk Control)

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

 

NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

 

36-22-217      Bitterroot Valley Sanitary Landfill Controlled Groundwater Area, p. 514

 

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

 

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

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

37-1006         Low Income Home Energy Assistance Program (LIHEAP), p. 228, 480

37-1011         Food Distribution Program on Indian Reservations, p. 245, 481

37-1013         Montana Tumor Registry, p. 76, 304

37-1015         Laboratories That Conduct Analyses of Public Water Supplies, p. 79, 305

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

37-1017         Emergency Medical Services, p. 620

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

37-1023         Updating Medicaid and Non-Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 252, 482

37-1024         Medicaid Coverage of Abortion Services, p. 2353, 414

37-1028         Applied Behavior Analysis Services, p. 468

37-1030         Hospice Reimbursement, p. 472, 672

37-1035         Medicaid Home and Community-Based Services Program, p. 643

37-1037         Updating Medicaid and Non-Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 646

37-1038         Nursing Facility Reimbursement, p. 663

 

PUBLIC SERVICE REGULATION, Department of, Title 38

 

38-2-258        Interventions, p. 2259, 150, 362

38-5-260        Construction of Utility Lines and Facilities, p. 152, 322, 524

 

REVENUE, Department of, Title 42

 

42-1066         Montana Marijuana Regulation and Taxation Act (Title 16, chapter 12, MCA) - Marijuana Testing Laboratory Licensees, p. 570

 

SECRETARY OF STATE, Office of, Title 44

 

44-2-264        Business Services Annual Report Filing Fee Waiver in 2024, p. 9, 525

 

(Office of the Commissioner of Political Practices)

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