Montana Administrative Register Notice 8-94-80 No. 1   01/14/2010    
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In the matter of the adoption of New Rule I pertaining to the submission and review of applications for funding under the Treasure State Endowment Program







TO:  All Concerned Persons


            1.  On February 4, 2010, at 2:00 p.m., the Department of Commerce will hold a public hearing in Room 226 of the Park Avenue Building at 301 South Park Avenue, at Helena, Montana, to consider the proposed adoption of the above-stated rule.


2.  The Department of Commerce 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 Department of Commerce no later than 5:00 p.m. on January 20, 2010, to advise us of the nature of the accommodation that you need.  Please contact Jim Edgcomb, Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2785; fax (406) 841-2771; TDD (406) 841-2702; or e-mail jedgcomb@mt.gov.


3.  The rule as proposed to be adopted provides as follows:


NEW RULE I  INCORPORATION BY REFERENCE OF RULES GOVERNING THE SUBMISSION AND REVIEW OF APPLICATIONS FOR FUNDING UNDER THE TREASURE STATE ENDOWMENT PROGRAM  (1)  The Department of Commerce adopts and incorporates by reference the Montana Treasure State Endowment Program Application Guidelines dated January 2010 as rules governing the submission and review of applications under the TSEP program.

(2)  The rules incorporated by reference in (1) relate to the following:

(a)  eligible applicants and projects;

(b)  types of grants available under TSEP;

(c)  general requirements for applying for TSEP grants; and

(d)  application ranking criteria and review process.

(3)  Copies of the regulation adopted by reference in (1) can be viewed on the department's web site at http://comdev.mt.gov/CDD_TSEP_Grants.asp, or may be obtained from the Department of Commerce, Community Development Division, P.O. Box 200523, Helena, Montana 59620-0523.


AUTH:  90-6-710, MCA

IMP:  90-6-710, MCA


REASON:  It is reasonably necessary to adopt this rule because local government entities must have these application guidelines before the eligible entities may apply to the department for financial assistance.  The guidelines describe the types of projects that are eligible for TSEP grants and the types of grants available.  They also describe the review process by which the department evaluates applications and makes funding recommendations to the Legislature.


            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 the Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2785; fax (406) 841-2771; or e-mail jedgcomb@mt.gov, and must be received no later than 5:00 p.m., February 12, 2010.


5.  Jim Edgcomb, Department of Commerce, 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 Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501, by fax to (406) 841-2701, by e-mail to lgregg@mt.gov, 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://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the 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 Secretary of State works 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.


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



/s/  KELLY A. CASILLAS                             /s/  ANTHONY J. PREITE                

KELLY A. CASILLAS                                   ANTHONY J. PREITE

Rule Reviewer                                               Director

                                                                        Department of Commerce


Certified to the Secretary of State January 4, 2010.


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