Montana Administrative Register Notice 32-7-188 No. 17   09/06/2007    
    Page No.: 1294 -- 1295
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In the matter of the proposed                                     ) NOTICE OF PROPOSED

amendment of ARM 32.18.101,                                ) AMENDMENT

pertaining to hot iron brands                                      )

                                                                                      ) NO PUBLIC HEARING

                                                                                      ) CONTEMPLATED


TO: All Concerned Persons


1. On October 6, 2007, the Department of Livestock proposes to amend the above-stated rule.


2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on September 27, 2007, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; phone: (406) 444-9321; TTD number: 1-800-253-4091; fax: (406) 444-1929; e-mail: cmackay@mt.gov.


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


32.18.101 HOT IRON BRANDS REQUIRED (1) remains the same.

(2) The hot iron or freeze brand must peel or heal to be valid for ownership. Fresh brands shall not be used to transfer ownership without bill of sale to prove ownership. A bill of sale may also be required to prove ownership of livestock with multiple brands.


AUTH: 81-1-102, MCA

IMP: 81-1-102, MCA


REASON: ARM 32.18.101 is being amended to clarify issues regarding fresh (peeling) brands on cattle being sold at Montana livestock auction markets. Currently, proceeds are held on freshly branded livestock sold through the markets if they are not accompanied by a bill of sale as proof of ownership matching the fresh brand.

The Board of Livestock has operated in this manner since the late 1940s, but no administrative rule has previously been adopted. The board is now amending ARM 32.18.101 to include requirements on fresh brands.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to cmackay@mt.gov to be received no later than 5:00 p.m., October 4, 2007.


5. If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m. October 4, 2007.


6. If the department receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons who are 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 public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be more than 25, based upon the population of the state.


7. An electronic copy of this proposal notice is available through the department's site at www.mt.gov/liv.


8. The Montana Department of Livestock maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by this department. Persons who wish to have their name added to the list shall make a written request, which includes the name and mailing address of the person to receive notices and specifies the area of interest that the person wishes to receive notices regarding. Such written request may be mailed or delivered to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; faxed to (406) 444-1929 "attention Christian Mackay"; or e-mailed to cmackay@mt.gov. Request forms may also be completed at any rules hearing held by the department.


9. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.





BY:    /s/ Christian Mackay                                              BY:    /s/ Carol Grell Morris

         Christian Mackay                                                              Carol Grell Morris

         Executive Officer                                                               Rule Reviewer

         Board of Livestock

         Department of Livestock


Certified to the Secretary of State August 27, 2007.

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