Montana Administrative Register Notice 8-94-134 No. 14   07/30/2015    
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In the matter of the amendment of ARM 8.94.3816 pertaining to the administration of the 2017 Biennium Treasure State Endowment Program – Emergency Grants











TO: All Concerned Persons


1. On August 29, 2015, 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 the Department of Commerce no later than 5:00 p.m., August 20, 2015, to advise us of the nature of the accommodation that you need. Please contact Amy Peck, Department of Commerce, 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 DOCTSEP@mt.gov.


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


8.94.3816  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE TREASURE STATE ENDOWMENT PROGRAM (TSEP) – EMERGENCY GRANTS  (1) The Department of Commerce adopts and incorporates by reference the 2015 2017 Biennium Emergency Grant Application Guidelines for TSEP Emergency Grants as rules for the administration of the 2015 2017 Biennium Treasure State Endowment Program – Emergency Grants.

 (2) and (3) remain the same.


AUTH:  90-6-701, MCA

IMP:  90-6-701, MCA


REASON:  It is reasonably necessary to amend this rule to update the 2017 biennium guidelines.  The guidelines can be found at http://comdev.mt.gov/planningbureau/planningbureau.mcpx.


4. Concerned persons may submit their data, views, or arguments in written form or a request for opportunity to submit data, views, or arguments in oral form to: Allison Mouch, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana, 59620-0523; telephone (406) 841-2770; TDD (406) 841-2731; facsimile (406) 841-2771 or e-mail to amouch@mt.gov, and must be received no later than 5:00 p.m., August 27, 2015.


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 Allison Mouch at the above address no later than 5:00 p.m., August 27, 2015.


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. Ten percent of those directly affected has been determined to be 25, based on the 56 counties that are eligible to apply for an emergency grant. Notice of the hearing will be published in the Montana Administrative Register. 


7. 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.


8. 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 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.  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.


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 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 July 20, 2015.


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