Montana Administrative Register Notice 24-207-34 No. 22   11/25/2011    
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                                                                      STATE OF MONTANA


In the matter of the repeal of ARM 24.207.402 adoption of USPAP by reference







TO:  All Concerned Persons


            1.  On December 20, 2011, at 11:00 a.m., a public hearing will be held in room 439, 301 South Park Avenue, Helena, Montana, to consider the proposed repeal of the above-stated rule.


            2.  The Department of Labor and Industry (department) 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 Board of Real Estate Appraisers (board) no later than 5:00 p.m., on December 15, 2011, to advise us of the nature of the accommodation that you need.  Please contact Becky Zaharko, Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2354; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2323; e-mail dlibsdrea@mt.gov.


            3.  The rule proposed to be repealed is as follows: 


            24.207.402  ADOPTION OF USPAP BY REFERENCE found at ARM page 24-23522.


            AUTH:  37-54-105, MCA

            IMP:  37-54-105, 37-54-403, MCA


REASON:  The board determined it is reasonably necessary to repeal this rule as unnecessary in light of 34-54-403(2), MCA.  The statute provides that if the USPAP standards are modified or supplemented by the Appraisal Standards Board of the Appraisal Foundation, such changes are automatically adopted in Montana.  If the board ever questioned whether the modified standards must be observed in this state, the board would hold a public hearing on the matter and thereafter adopt the standards through the standard rulemaking process.


            4.  Concerned persons may present their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to the Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2323, or by e-mail to dlibsdrea@mt.gov, and must be received no later than 5:00 p.m., December 28, 2011.


            5.  An electronic copy of this Notice of Public Hearing is available through the department and board's web site on the World Wide Web at www.realestateappraiser.mt.gov.  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, and that technical difficulties in accessing or posting to the e-mail address do not excuse late submission of comments.


            6.  The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board.  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 the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings.  The request must indicate whether e-mail or standard mail is preferred.  Such written request may be sent or delivered to the Board of Real Estate Appraisers, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2323; e-mailed to dlibsdrea@mt.gov; or made by completing a request form at any rules hearing held by the agency.


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


            8.  Don Harris, attorney, has been designated to preside over and conduct this hearing.




                                                                     BOARD OF REAL ESTATE APPRAISERS

                                                                     JENNIFER MCGINNIS, CHAIRPERSON



/s/ DARCEE L. MOE                                 /s/ KEITH KELLY

Darcee L. Moe                                           Keith Kelly, Commissioner

Alternate Rule Reviewer                           DEPARTMENT OF LABOR AND INDUSTRY




            Certified to the Secretary of State November 14, 2011


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