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| Montana Administrative Register Notice 24-9-285 | No. 11 06/12/2014 | |
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BEFORE THE HUMAN RIGHTS COMMISSION DEPARTMENT OF LABOR AND INDUSTRY OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On July 7, 2014, at 1:00 p.m., the Human Rights Commission will hold a public hearing in the 1st Floor Conference Room of the Walt Sullivan Building, 1315 E. Lockey Avenue, Helena, Montana, to consider the proposed repeal of the above-stated rules.
2. The Department of Labor and Industry 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 Labor and Industry no later than 5:00 p.m. on June 30, 2014, to advise us of the nature of the accommodation that you need. Please contact Jordon Dyrdahl-Roberts, Department of Labor and Industry, P.O. Box 1728, Helena, Montana, 59624; telephone (406) 444-4493; fax (406) 444-1394; TDD/Montana Relay Service (406) 444-5549; or e-mail jordonroberts@mt.gov.
3. General Statement of Reasonable Necessity: There is reasonable necessity to repeal each of these rules because they are no longer in use, because they are part of subchapters which have been repealed, and because they are no longer reflective of the practices of the Human Rights Commission. As an example, ARM 24.9.329 describes a commission process applicable only to cases filed before July 1, 1997. All such cases are and have been fully adjudicated, and the explanation of the existence of the old process is no longer necessary. The proposed repeals reflect an effort of the Human Rights Commission to clarify and to keep concise the rules administered by the commission.
4. The commission proposes to repeal the following rules:
24.9.203A SCOPE AND PURPOSE OF RULES
IMP: 49-2-504, MCA
24.9.313 INFORMAL DISPOSITION
IMP: 2-4-604, 49-2-505, 49-3-308, MCA
24.9.315 TIME
24.9.329 EXCEPTIONS TO PROPOSED ORDERS
IMP: 2-4-621, 2-4-623, 49-2-505, 49-3-308, MCA
24.9.330 COMMISSION HEARINGS TO CONSIDER EXCEPTIONS
IMP: 2-4-621, 2-4-623, 49-2-505, 49-3-308, MCA
24.9.331 FINAL ORDERS
IMP: 2-4-623, 49-2-505, 49-2-506, 49-2-507, 49-3-308, 49-3-309, 49-3-310, MCA
24.9.408 PLACE OF HEARING
IMP: 2-4-501, 49-2-401, 49-3-105, MCA
24.9.413 EFFECT OF DECLARATORY RULING
IMP: 2-4-501, 49-2-401, 49-3-105, MCA
24.9.1507 REPRESENTATION OF CHARGING PARTY
AUTH: 49-2-204, MCA
5. 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: Annah Smith, Department of Labor and Industry, P.O. Box 1728, Helena, Montana, 59624-1728; telephone (406) 444-4356; fax (406) 444-2798; or e-mail asmith3@mt.gov, and must be received no later than 5:00 p.m., July 11, 2014.
6. An electronic copy of this notice of public hearing is available through the department's web site at http://dli.mt.gov/events/calendar.asp, under the Calendar of Events, Administrative Rules Hearings Section. The department strives to make the electronic copy of this notice of public hearing 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 strives 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, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the department and the boards and commissions that are attached for administrative purposes. 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 or areas of law 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 Labor and Industry, attention: Mark Cadwallader, 1315 E. Lockey Avenue, P.O. Box 1728, Helena, Montana 59624-1728, faxed to the department at (406) 444-1394, e-mailed to mcadwallader@mt.gov, or may be made by completing a request form at any rules hearing held by the agency.
8. The department's Hearings Bureau has been designated to preside over and conduct this hearing.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the commission has determined that the repeal of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Mark Cadwallader /s/ Dennis Taylor Mark Cadwallader Dennis Taylor Alternate Rule Reviewer Chair Human Rights Commission
Certified to the Secretary of State June 2, 2014.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
