Montana Administrative Register Notice 4-14-211 No. 9   05/09/2013    
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In the matter of the amendment of ARM 4.5.112 pertaining to the Noxious Weed Management Advisory Council member terms








TO:  All Concerned Persons


            1.  On May 29, 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 May 23, 2013, to advise us of the nature of the accommodation that you need.  Please contact 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.


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


            4.5.112  NOXIOUS WEED MANAGEMENT COUNCIL  (1)  The members of the Noxious Weed Management Advisory Council appointed by the director serve two-year terms.  Members may serve for a maximum of three consecutive two-year terms.


AUTH:  80-7-802, MCA

IMP:  80-7-805, MCA


REASON:  Representatives for certain council positions are difficult to recruit given the type of position, expertise needed, and the time commitment.  The administrative rule proposes that council terms remain at two years and removes the term limits to ensure the advisory council has adequate representation of all stakeholders.  There is no economic impact associated with the proposed changes.


            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., June 6, 2013.


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


6.  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 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 April 29, 2013.



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