Montana Administrative Register Notice 42-2-811 No. 24   12/24/2009    
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                                                        BEFORE THE DEPARTMENT OF REVENUE



In the matter of the amendment of ARM 42.25.501, 42.25.511, 42.25.512, 42.25.515, 42.25.1701, 42.25.1706, 42.25.1707, 42.25.1708 and repeal of ARM 42.25.1702, 42.25.1703, 42.25.1704 relating to coal severance









TO:  All Concerned Persons


1.  On October 29, 2009, the department published MAR Notice No. 42-2-811 regarding the proposed amendment and repeal of the above-stated rules at page 1904 of the 2009 Montana Administrative Register, issue no. 20.


2.  A public hearing was held on November 18, 2009, to consider the proposed amendment and repeal.  Oral testimony was received at the hearing and is summarized as follows along with the response of the department:


COMMENT NO. 1:  Bud Clinch, representing the Montana Coal Council stated that the amendment rules appear to reflect the intent of the statutory changes made by the 2009 Legislature.


RESPONSE NO. 1:  The department thanks Mr. Clinch for his comments and participation in this important process.


3.  The department amends ARM 42.25.501, 42.25.511, 42.25.512, 42.25.515, 42.25.1701, 42.25.1706, 42.25.1707, 42.25.1708, and repeals ARM 42.25.1702, 42.25.1703, and 42.25.1704 as proposed.


4.  An electronic copy of this Adoption Notice is available through the department's site on the World Wide Web at www.mt.gov/revenue, under "for your reference"; "DOR administrative rules"; and "upcoming events and proposed rule changes."  The department strives to make the electronic copy of this Adoption 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.





/s/  Cleo Anderson                                        /s/  Dan R. Bucks                 

CLEO ANDERSON                                      DAN R. BUCKS

Rule Reviewer                                               Director of Revenue


Certified to Secretary of State December 14, 2009


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