BEFORE THE DEPARTMENT OF COMMERCE
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 8.94.3815, and the repeal of ARM 8.94.3806, 8.94.3808, 8.94.3810, 8.94.3811, and 8.94.3813 pertaining to governing the submission and review of applications for funding under the Treasure State Endowment Program (TSEP)
NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL
TO: All Concerned Persons
1. On January 11, 2012, at 9:30 a.m., the Department of Commerce will hold a public hearing in Room 228, of the Park Avenue Building, 301 South Park Avenue, Helena, Montana, to consider the proposed amendment and repeal of the above-stated rules.
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 the Department of Commerce no later than 5:00 p.m., January 5, 2012, to advise us of the nature of the accommodation that you need. Please contact Becky Anseth, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2865; TDD (406) 841-2702; facsimile (406) 841-2771; or e-mail to firstname.lastname@example.org.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
8.94.3815 INCORPORATION BY REFERENCE OF RULES GOVERNING THE SUBMISSION AND REVIEW OF APPLICATIONS FOR FUNDING UNDER THE TREASURE STATE ENDOWMENT PROGRAM – PROJECT GRANTS (1) The Department of Commerce adopts and incorporates by reference the Treasure State Endowment Program Application Guidelines
dated January 2010 (December 2011 Draft) as rules governing the submission and review of applications under the TSEP program.
(2) and (3) remain the same.
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 for TSEP funding.
4. The department proposes to repeal the following rules:
8.94.3806 INCORPORATED BY REFERENCE OF RULES GOVERNING THE SUBMISSION AND REVIEW OF APPLICATIONS UNDER THE 2000/2001 TREASURE STATE ENDOWMENT PROGRAM
8.94.3808 INCORPORATION BY REFERENCE OF RULES GOVERNING THE SUBMISSION AND REVIEW OF APPLICATIONS FOR FUNDING UDNER THE TREASURE STATE ENDOWMENT PROGRAM
8.94.3810 INCORPORATION BY REFERENCE OF RULES GOVERNING THE SUBMISSION AND REVIEW OF APPLICATIONS FOR FUNDING UNDER THE TREASURE STATE ENDOWMENT PROGRAM
8.94.3811 INCORPORATION BY REFERENCE OF RULES GOVERING THE SUBMISSION AND REVIEW OF APPLICATIONS FOR FUNDING UNDER THE TREASURE STATE ENDOWMENT PROGRAM
8.94.3813 INCORPORATION BY REFERENCE OF RULES GOVERNING THE SUBMISSION AND REVIEW OF APPLICATIONS FOR FUNDING UNDER THE TREASURE STATE ENDOWMENT PROGRAM
AUTH: 90-6-710, MCA
IMP: 90-6-710, MCA
REASON: It is reasonably necessary to repeal these rules because they are outdated and will be replaced in their entirety by the proposed amendment of ARM 8.94.3815.
5. 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 Department of Commerce, Community Development Division, 301 South Park Avenue, P.O. Box 200523, Helena, Montana, 59620-0523; by facsimile to (406) 841-2771, or e-mail to email@example.com, and must be received no later than 5:00 p.m., January 19, 2012.
6. Becky Anseth, TSEP Program Manager, has been designated to preside over and conduct this hearing.
7. 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 may 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 firstname.lastname@example.org, or 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 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.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ KELLY A. CASILLAS /s/ DORE SCHWINDEN
KELLY A. CASILLAS DORE SCHWINDEN
Rule Reviewer Director
Department of Commerce
Certified to the Secretary of State December 12, 2011.