Montana Administrative Register Notice 8-99-83 No. 16   08/26/2010    
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In the matter of the amendment of ARM 8.99.301, 8.99.302, 8.99.303, and 8.99.305 pertaining to the Certified Regional Development Corporations Program








TO:  All Concerned Persons


1.  On May 27, 2010, the Department of Commerce published MAR Notice No. 8-99-83 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1231 of the 2010 Montana Administrative Register, Issue Number 10.


2.  A public hearing was held on June 21, 2010.  No written testimony was received; however, several oral (conference call) comments were received.


3.  The department has thoroughly considered the comments and testimony received.  A summary of the comments received and the department's responses are as follows:


COMMENT #1:  Six comments were received regarding the department's ability to veto locally-made hiring decisions for professional economic development staff.


RESPONSE #1:  The department amended ARM 8.99.302 to remove language allowing the department to veto locally-made hiring decisions for professional economic development staff.


COMMENT #2:  Six comments were received regarding the change from annual reporting to quarterly reporting.


RESPONSE #2:  Quarterly reporting will be tied directly to strategic work plans and core CRDC activities.  Progress will be evaluated based upon annual work plan objective achievements.  Quarterly updates will not be overly burdensome.  No changes to these proposed amendments will be made.


4.  The department has amended the following rules as proposed:  ARM 8.99.301, 8.99.303, and 8.99.305.


5.  The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:


            8.99.302  CERTIFICATION OF REGIONAL DEVELOPMENT CORPORATIONS  (1) through (1)(b) remain as proposed.

            (c)  a staffing plan that includes current job titles, job descriptions, and qualifications of primary personnel.  At a minimum, the applicant is required to provide 4,160 hours of staff time annually to economic development activities, which must include at least 2,080 hours of professional economic development staff time.  The applicant shall include a hiring plan or a contracting plan in meeting this requirement. 

            (i)  fFor the purpose of this rule, economic development activities means work in the development and management of revolving loan funds, business technical assistance, state and federal grants and programs, local and regional planning, business retention and expansion programs, and business recruitment programs all directly related to regional strategic plans;

            (ii)  the department may review, approve, and/or veto hiring decisions for professional economic development staff;

(d) through (2) remain as proposed.


AUTH:  90-1-116, MCA

IMP:  90-1-116, MCA



/s/  G. MARTIN TUTTLE                               /s/  DORE SCHWINDEN    

G. MARTIN TUTTLE                                     DORE SCHWINDEN

Rule Reviewer                                               Director

                                                                        Department of Commerce


Certified to the Secretary of State August 16, 2010.



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