Montana Administrative Register Notice 4-23-277 No. 17   09/08/2023    
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In the matter of the amendment of ARM 4.3.602 pertaining to nonrefundable application fees






TO: All Concerned Persons


            1. On September 28, 2023, at 8:00 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, at Helena, Montana, to consider the proposed amendment of the above-stated rule.


2. The Department of Agriculture 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 Agriculture no later than September 25, 2023, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, 302 N. Roberts St., Helena, Montana, 59620-0201; telephone (406) 444-5402; fax (406) 444-5409; TDD/Montana Relay Service (406) 444-3144; or e-mail agr@mt.gov.


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


            4.3.602  QUALIFICATIONS  (1) through (8) remain the same.

(9)  A There is a nonrefundable application fee of $75 $35 will be required with all applications.


AUTH: 80-2-106, MCA

IMP: 80-2-103, MCA


Reason and economic impact: The cost and time involved in reviewing the applications must be paid by the program both have increased significantly since 1985.  The number of applications is expected to increase as interest rates increase and the government programs in this area become more active. The new application fee is expected to affect 10 to 20 people a year ($40 per person), generating about $400 to $800.


4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to: Cort Jensen, Department of Agriculture, 302 N. Roberts St, Helena, Montana, 59620-0201; telephone (406) 444-5402; fax (406) 444-5409; or e-mail cojensen@mt.gov, and must be received no later than 5:00 p.m., October 6, 2023.


5. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing.


6. 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 paragraph 4 or may be made by completing a request form at any rules hearing held by the department.


7. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.  


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


9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.



/s/ Cort Jensen                                           /s/  Christy Clark                              

Cort Jensen                                                Christy Clark

Rule Reviewer                                            Director

                                                                    Department of Agriculture


Certified to the Secretary of State August 29, 2023.



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