Montana Administrative Register Notice 42-2-862 No. 11   06/09/2011    
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In the matter of the amendment of ARM 42.8.102 and 42.8.104 relating to one-stop business licensing






TO:  All Concerned Persons


1.  On July 6, 2011, at 9:00 a.m., a public hearing will be held in the Third Floor Reception Area Conference Room of the Sam W. Mitchell Building, at Helena, Montana, to consider the amendment of the above-stated rules.

Individuals planning to attend the hearing shall enter the building through the east doors of the Sam W. Mitchell Building, 125 North Roberts, Helena, Montana.


2.  The Board of Review, through the Department of Revenue, will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice.  If you require an accommodation, contact the department no later than 5:00 p.m., June 29, 2011, to advise us of the nature of the accommodation that you need.  Please contact Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-4375; or e-mail canderson@mt.gov.


3.  The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:


42.8.102  ONE-STOP BUSINESS LICENSING GUIDE  (1)  The department shall will make available to all taxpayers businesses a guide regarding the process for filing an application under the one-stop program.  This guide dated December 2001 is hereby incorporated by reference and, as periodically updated by the department, may be obtained from the Department of Revenue, web site at revenue.mt.gov; by a written request to P.O. Box 5805, Helena, Montana 59604-5805; or by calling the department's call center, toll free, at (866) 859-2254 or in Helena at (406) 444-6900.


AUTH: 30-16-104, MCA

IMP: 30-16-103, 30-16-201, 30-16-301, 30-16-302, 30-16-303, MCA


            REASONABLE NECESSITY:  The board proposes to amend ARM 42.8.102 to introduce efficiencies into the existing application process for both external and internal users.  To assist the public, the program will maintain a dynamic master application on the department's web site.  Under the current process, when a citizen requests an application, the program manually alters the application with any agency changes since the last printing of the application and mails it to the requestor for completion.  The proposed amendments to the rule should save time for the users by providing them with a convenient option to access and print the most current application themselves and, at the same time, save the program printing and mailing costs.  To make it easier for citizens to contact the program, telephone contact information has also been added to the rule.


42.8.104  RESPONSIBILITIES  (1)  It will be the responsibility of the Board of Review, as established in 30-16-302, MCA, to provide policy direction to the department for the administration of the program and to establish program policy among the participating agencies.

(2)  It shall will be the responsibility of the agency to enforce and administer the licenses according to the appropriate statutes of that agency.  It is the responsibility of the agency to acquire missing documents or material necessary to process the master application and forward this material to the department.

(2)(3)  It shall will be the responsibility of the department to process complete master applications that contain all the necessary supporting documentation.  Applications will be processed upon receipt but licenses will not be issued until all required documents have been forwarded to the department from the agency or the applicant.

            (4)  It will be the responsibility of the one-stop business licensing program to simplify the process for businesses to apply and renew select business licenses administered by multiple state agencies.  Agencies will work jointly to create a simple process; thereby creating efficiencies for both businesses and state agencies participating in the program.


            AUTH:  30-16-104, MCA

            IMP:  30-16-103, 30-16-201, 30-16-301, 30-16-302, 30-16-303, MCA


            REASONABLE NECESSITY:  The board proposes to amend ARM 42.8.104 to provide businesses and agencies with an easy to understand summary of the one-stop business licensing program's purpose.  The proposed amendment describes the responsibilities for both the board and the program.  Defining the responsibilities of the board and the program will help businesses and other agencies decide if they would like to participate in the one-stop business licensing program.


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: Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-4375; or e-mail canderson@mt.gov and must be received no later than July 13, 2011.


5.  Cleo Anderson, Department of Revenue, Director's Office, has been designated to preside over and conduct the hearing.


6.  An electronic copy of this notice is available on the department's web site at www.revenue.mt.gov.  Locate "Legal Resources" in the left hand column, select the "Rules" link and view the options under the "Notice of Proposed Rulemaking" heading.  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.


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, which includes the name and e-mail or mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding particular subject matter or matters.  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 person named in 4 above, faxed to the office at (406) 444-4375, or made by completing a request form at any rules hearing held by the Board of Review of the Department of Revenue.


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



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

CLEO ANDERSON                                      DAN R. BUCKS

Rule Reviewer                                               Chairman


Certified to Secretary of State May 31, 2011


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