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Montana Administrative Register Notice 42-2-914 No. 16   08/21/2014    
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BEFORE THE BOARD OF REVIEW
DEPARTMENT OF REVENUE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 42.8.101, 42.8.102, and 42.8.104 pertaining to the revision of the name of the one-stop business licensing program

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NOTICE OF PROPOSED AMENDMENT

 

NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On September 29, 2014, the Board of Review, Department of Revenue, proposes to amend the above-stated rules.

 

2. The Department of Revenue will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this of this notice. If you require an accommodation, please advise the department of the nature of the accommodation needed, no later than 5 p.m. on September 8, 2014. Please contact Laurie Logan, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or e-mail lalogan@mt.gov.

 

3. GENERAL STATEMENT OF REASONABLE NECESSITY. The board proposes amending the rules in this notice to change the name of the business licensing program from "one-stop business licensing" to "eStop business licenses." The proposed name change reflects that the program now provides an online service for licensees to acquire and maintain certain state licenses. This general statement of reasonable necessity applies to all of the following proposed actions.

 

4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

42.8.101 DEFINITIONS The following definitions apply to this chapter.

(1) and (2) remain the same.

(3) "Master application" means the application as provided in the one-stop licensing eStop business licenses guide provided by the department.

 

AUTH30-16-104, MCA

IMP30-16-103, 30-16-303, MCA

 

42.8.102 ONE-STOP eSTOP BUSINESS LICENSING LICENSES GUIDE

(1) The department will make available to all businesses a guide regarding the process for filing an application under the one-stop eStop program. This guide, as periodically updated by the department, may be obtained from the Department of Revenue web site at revenue.mt.gov; by a written request to P.O. Box 5805, Helena, Montana 59604-5805; or by calling the department's call center, toll free, at (866) 859-2254 or in Helena at (406) 444-6900.

 

AUTH30-16-104, MCA

IMP30-16-103, 30-16-201, 30-16-301, 30-16-302, 30-16-303, MCA

 

42.8.104 RESPONSIBILITIES (1) through (3) remain the same.

(4) It will be the responsibility of the one-stop business licensing eStop business licenses program to simplify the process for businesses to apply and renew select business licenses administered by multiple state agencies. Agencies will work jointly to create a simple process;, thereby creating efficiencies for both businesses and state agencies participating in the program.

 

AUTH30-16-104, MCA

IMP30-16-103, 30-16-201, 30-16-301, 30-16-302, 30-16-303, MCA

 

5. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Laurie Logan, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or e-mail lalogan@mt.gov and must be received no later than September 19, 2014.

 

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 Laurie Logan at the above address no later than 5 p.m., September 19, 2014.

 

7. 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 600 persons based on approximately 6,000 eStop program users.

 

8. The Department of Revenue 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, which includes the name and e-mail or mailing address of the person to receive notices and specifies that the person wishes to receive notice regarding particular subject matter or matters. Notices will be sent by e-mail unless a mailing preference is noted in the request. A written request may be mailed or delivered to the person in 5 above or faxed to the office at (406) 444-3696, or may be made by completing a request form at any rules hearing held by the Department of Revenue.

 

9. An electronic copy of this notice is available on the department's web site at revenue.mt.govSelect the Administrative Rules link under the Other Resources section located in the body of the homepage, and open the Proposal Notices section within. The department strives to make the electronic copy of this 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. While the department also strives to keep its web site accessible at all times, in some instances it may be temporarily unavailable 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 rules will not significantly and directly impact small businesses.

 

 

            /s/ Laurie Logan                               /s/ Mike Kadas____

            LAURIE LOGAN                              MIKE KADAS

            Rule Reviewer                                 Director of Revenue

                                                                       

           

Certified to the Secretary of State August 11, 2014.

 

 

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