Montana Administrative Register Notice 8-111-82 No. 7   04/15/2010    
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In the matter of the amendment of ARM 8.111.602 pertaining to the low income housing tax credit program










TO:  All Concerned Persons


1.  On May 15, 2010, the Board of Housing proposes to amend the above-stated rule.


2.  The board 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 April 29, 2010, to advise us of the nature of the accommodation that you need.  Please contact Paula Loving, Board of Housing, Department of Commerce, 301 South Park Avenue, P.O. Box 200528, Helena, Montana, 59620-0528; telephone (406) 841-2840; fax (406) 841-2841; TDD (406) 841-2702; or e-mail ploving@mt.gov.


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


            8.111.602  DEFINITIONS  When used in these rules, unless the context clearly requires a different meaning:

            (1) and (2) remain the same.

            (3)  "QAP" means the "Low Income Housing Qualified Allocation Plan–2010", as amended December 12, 2009, which sets forth the selection criteria used by the board for determining housing priorities and the allocation of tax credits for calendar year 2010, copies of which may be obtained by contacting the Board of Housing by mail at P.O. Box 200528, Helena, MT 59620-0528, by telephone at (406) 841-2845 or (406) 841-2838, or at the board's web site www.housing.mt.gov.

            (4) remains the same.


AUTH:  90-6-106, MCA

IMP:  90-6-104, MCA


REASON:  The Board of Housing is proposing the amendment to the rule to amend the years in which the plans are to be implemented.


4.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to:  Gerald Watne, Board of Housing, Department of Commerce, 301 South Park Avenue, P.O. Box 200528, Helena, Montana, 59620-0528; telephone (406) 841-2838; fax (406) 841-2841; or e-mail gewatne@mt.gov, and must be received no later than 5:00 p.m., May 13, 2010.


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 to Gerald Watne at the above address no later than 5:00 p.m., May 13, 2010.


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 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.  Ten percent of those directly affected has been determined to be 25 persons based on the number of individuals who are interested in low income housing tax credits.


7.  The board 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.


8.  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 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 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.


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


/s/  G. MARTIN TUTTLE                               /s/  ANTHONY J. PREITE_

G. MARTIN TUTTLE                                     ANTHONY J. PREITE

Rule Reviewer                                               Director

                                                                        Department of Commerce


Certified to the Secretary of State April 5, 2010.


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