BEFORE THE COMMISSIONER OF SECURITIES AND INSURANCE
MONTANA STATE AUDITOR
In the matter of the amendment of ARM 6.6.705 pertaining to Composition of the Committee
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On August 26, 2013, the Office of the Commissioner of Securities and Insurance, Montana State Auditor, proposes to amend the above-stated rule.
2. The CSI 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 CSI no later than 5:00 p.m., August 12, 2013, to advise us of the nature of the accommodation that you need. Please contact Darla Sautter, CSI, 840 Helena Avenue, Helena, Montana, 59601; telephone (406) 444-2726; TDD (406) 444-3246; fax (406) 444-3499; or e-mail email@example.com.
3. The rule as proposed to be amended provides as follows, stricken matter interlined, new matter underlined:
6.10.705 COMPOSITION OF THE COMMITTEE (1) The committee shall be composed of three employees of the CSI. Those three persons shall be
: appointed by the Commissioner, at the Commissioner’s discretion.
(a) the deputy commissioner of securities, who shall serve as chairperson;
(b) chief legal counsel; and
(c) an attorney to be appointed quarterly by the chief legal counsel.
AUTH: 30-10-1008, MCA
IMP: 30-10-1008, MCA
4. STATEMENT OF REASONABLE NECESSITY
The Commissioner of Securities and Insurance, Montana State Auditor, Monica J. Lindeen, (Commissioner) is the statewide elected official responsible for administering and regulating the business of the Montana Securities and Insurance Code.
The amendment to ARM 6.10.705 will provide greater flexibility. Under the current rule, the committee shall consist of the deputy commissioner of securities and the chief legal counsel. The chief legal counsel then selects an attorney to be on the committee on a quarterly basis. The proposed amended rule will allow the Commissioner to select the committee, at the Commissioner’s discretion. This will allow for greater flexibility under several circumstances. The first is where a committee member will not be available for an extended period. Under the proposed amended rule, the Commissioner may select a different member to ensure efficiency whereas the current rule does not allow for flexibility. The second is where a committee member is unable to render an impartial opinion, for whatever reason. Here, the Commissioner may select a new committee member under the proposed amended rule.
5. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to Jameson Walker, Attorney, Office of the Commissioner of Securities and Insurance, Montana State Auditor, 840 Helena Ave., Helena, Montana, 59601; telephone (406) 444-2040; fax (406) 444-3499; or e-mail firstname.lastname@example.org, and must be received no later than 5:00 p.m., August 14, 2013.
6. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Jameson Walker, Attorney, at the above address no later than 5:00 p.m., August 14, 2013.
7. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 35, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 35 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 35 persons based on the number of persons on the Concerned Parties list.
8. The CSI maintains a list of concerned 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 and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Such written request may be mailed or delivered to Darla Sautter, Office of the Commissioner of Securities and Insurance, Montana State Auditor, 840 Helena Ave., Helena, Montana, 59601; telephone (406) 444-2726; fax (406) 444-3499; or e-mail email@example.com, or may be made by completing a request form at any rules hearing held by the CSI.
9. 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.
10. Pursuant to 2-4-302, MCA, the bill sponsor contact requirements do not apply.
11. Pursuant to ARM 1.3.309, and SB 139, the Small Business Impact Analysis statement does not apply to this rule.
/s/Brett O'Neil /s/Jesse Laslovich
Brett O'Neil Jesse Laslovich
Rule Reviewer Chief Legal Counsel
Certified to the Secretary of State July 1, 2013.