BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of the proposed amendment of ARM 23.19.1001, concerning consumer debt management license fee

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

            TO:  All Concerned Persons

 

1.  On June 27, 2009, the Department of Justice proposes to amend the above-stated rule.

 

2.  The department 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 no later than 5:00 p.m. on June 15, 2009, to advise us of the nature of the accommodation that you need.  Please contact Kathy Stelling, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail kstelling@mt.gov.

 

            3.  The rule as proposed to be amended is as follows:

 

            23.19.1001  LICENSE FEE  (1)  The required license fee will be $5000 $1,000.00.  It must be paid every year on or before February 1. 

 

            AUTH: 30-14-2004, mca

            IMP:                30‑14-2004, mca

 

RATIONALE AND JUSTIFICATION:  The department has investigated similar fees in other states and has concluded that Montana's fee is one of the highest in the nation.  Decreasing the fee to $1,000 will bring Montana's fee into parity with other states.  Additionally, the department has analyzed its costs of administering the Montana Consumer Debt Management Services Act, and the decreased fee is commensurate with the current and anticipated costs of administering the Act.

            Based on the 21 debt management companies that registered with the department in 2009, an estimated 21 companies will be affected by this proposed change.  The cumulative change is estimated to be a decrease of $84,000 in the amount of fees paid to the department.

 

4.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to:  Kelley Hubbard, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail khubbard@mt.gov, and must be received no later than 5:00 p.m. on June 25, 2009.

 

            5.  If persons who are directly affected by the proposed action 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 they have to the Kelley Hubbard at the above address no later than June 25, 2009.

 

            6.  If the agency 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 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 at least 25.

 

            7.  An electronic copy of this Notice is available through the Department of Justice web site at http://doj.mt.gov/resources/administrativerules.asp.  The department strives to make the electronic copy of this Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.  In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.

 

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 4 above, or may be made by completing a request form at any rules hearing held by the department.  A copy of the interested persons request form may be printed from the Department of Justice's web site at http://doj.mt.gov/resources/administrativerules.asp, and mailed to the rule reviewer. 

 

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

 

By:       /s/ Steve Bullock                                            /s/ Stuart Segrest                             

            STEVE BULLOCK                                       STUART SEGREST

            Attorney General                                           Rule Reviewer

            Department of Justice         

 

Certified to the Secretary of State May 18, 2009.