Montana Administrative Register Notice 8-2-122 No. 4   02/27/2014    
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In the matter of the amendment of ARM 8.2.501 pertaining to the administration of the 2015 Biennium Quality Schools Grant Program – Planning Grants











TO: All Concerned Persons


          1. On March 29, 2014, the Department of Commerce proposes to amend the above-stated rule.


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 Department of Commerce no later than 5:00 p.m. on March 20, 2014, to advise us of the nature of the accommodation that you need. Please contact Maria Jackson, Planning Program Specialist, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2550; fax (406) 841-2771; TDD (406) 841-2702; or e-mail mjackson3@mt.gov.


3.  The rule as proposed to be amended provides as follows:


8.2.501  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM – PLANNING GRANTS  (1)  The Department of Commerce adopts and incorporates by reference the 2015 Biennium Quality Schools Grant Program Application and Guidelines for Planning Grants as rules for the administration of the Quality Schools Grant Program – Planning Grants program (February 2014 Draft).

(2) remains the same.

(3) Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Quality Schools Grant Program, 301 South Park Avenue, P.O. Box 200549, Helena, Montana 59620-0549, or on the Quality Schools Grant Program web site at http://commerce.mt.gov/QualitySchools.


AUTH:  90-6-819, MCA

IMP:  90-6-819, MCA


REASON:  The Quality Schools Program has 2014 biennium planning grant funds remaining to disburse; the Department of Commerce proposed to amend the rule in order to allow for the award of these remaining funds to eligible school districts that apply to the program on or after the adoption of this rule amendment.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to the Department of Commerce, Planning Bureau, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2770; TDD 841-2702; fax (406) 841-2771; or e-mail DOCQS@mt.gov, and must be received no later than 5:00 p.m., March 27, 2014.


5. 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 Maria Jackson at the above address no later than 5:00 p.m., March 27, 2014.


6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, 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 25 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 41 persons based on the number of school districts who are interested in the Quality Schools Grant Program.


7. Maria Jackson, Planning Specialist, Department of Commerce, has been designated to preside over and conduct this hearing.


8. 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 listed in 4 above or may be made by completing a request form at any rules hearing held by the department.


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


11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.



/s/ Kelly A. Lynch                                                     /s/ Douglas Mitchell                        

KELLY A. LYNCH                                                    DOUGLAS MITCHELL

Rule Reviewer                                                          Deputy Director

                                                                                   Department of Commerce


Certified to the Secretary of State February 18, 2014.



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