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Montana Administrative Register Notice 4-14-210 No. 1   01/17/2013    
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BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.6.202 pertaining to annual potato assessment

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO:  All Concerned Persons

 

            1.  On February 6, 2013, at 1:00 p.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, at Helena, Montana, to consider the proposed amendment of the above-stated rule.

 

2.  The Department of Agriculture 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 Agriculture no later than 5:00 p.m. on January 24, 2013, to advise us of the nature of the accommodation that you need.  Please contact Cort Jensen, Department of Agriculture, 302 North Roberts, Helena, Montana, 59620; telephone (406) 444-3144; fax (406) 444-5409; or e-mail cojensen@mt.gov.

 

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

 

            4.6.202  ANNUAL POTATO COMMODITY ASSESSMENT-COLLECTION   (1) remains the same.

            (2)  The assessment shall be $.02 $.03 per hundredweight on all potatoes grown and marketed commercially in Montana by those growers producing and marketing more than 50,000 pounds annually.

            (3) remains the same.

 

            AUTH:  80-11-504, MCA

            IMP:  80-11-515, MCA

 

REASON:  The department proposes to amend ARM 4.6.202, to update the assessment amount in (2).  The increase is necessary to bring financial stability to the program so that it will not run a deficit and to provide funding sufficient to complete all of the research and marketing needs of the potato industry.  The department estimates the impact on the typical grower will be $375 per year.

 

            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: Cort Jensen, Department of Agriculture, 302 N. Roberts, Helena, Montana, 59620; telephone (406) 444-3144; fax (406) 444-5409; or e-mail cojensen@mt.gov, and must be received no later than 5:00 p.m., February 14, 2013.

 

5.  Cort Jensen, Chief Legal Counsel, Department of Agriculture, has been designated to preside over and conduct this hearing.

 

6.  The Department of Agriculture 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.

 

7.  An electronic copy of this proposal notice is available through the department’s web site at agr.mt.gov, under the Administrative Rules section.  The department 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 department 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.

 

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

 

 

/s/  Cort Jensen                                             /s/  Ron de Yong                              

Cort Jensen                                                  Ron de Yong

Rule Reviewer                                              Director

                                                                       Department of Agriculture

           

Certified to the Secretary of State January 7, 2013.

 

 

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