Montana Administrative Register Notice 24-26-318 No. 17   09/02/2016    
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In the matter of the amendment of ARM 24.26.206 pertaining to Board of Personnel Appeals computation of time







TO: All Concerned Persons


          1. On September 23, 2016, at 1:30 p.m., the Board of Personnel Appeals (board) will hold a public hearing in the basement auditorium of the Sanders Building (DPHHS building), 111 North Sanders Street, at Helena, Montana, to consider the proposed amendment of the above-stated rule.


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 the Department of Labor and Industry no later than 4:00 p.m. on September 16, 2016, 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; Montana TTD (406) 444-5549; or e-mail jordonroberts@mt.gov.


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


          24.26.206 COMPUTATION OF TIME (1) remains the same.

          (2) Mailed documents are presumed to be mailed on the day they are dated. That presumption may be rebutted by a showing of the postmark. The burden of proof for showing that a document was mailed on a date different than the document's date rests with the person who claims that it was mailed on the different date. A party which alleges that it did not receive notice by mail of a board proceeding has the burden of proof in showing that the party ought to be granted relief. The party must present clear and convincing evidence to rebut the statutory presumption contained in 26-1-206 26-1-602, MCA, that a letter duly directed and mailed was received in the regular course of the mail.

          (3) and (4) remain the same.


AUTH: 2-4-201, MCA

IMP: 2-4-201, MCA


REASON: There is reasonable necessity to amend the rule to correct a transposed statutory citation within the rule, which was recently noticed by board staff.


          4. 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: Pam McDaniel, Department of Labor and Industry, P.O. Box 8011, Helena, Montana, 59604; telephone (406) 444-6543; fax (406) 444-4140; or e-mail pmcdaniel@mt.gov, and must be received no later than 5:00 p.m., October 7, 2016.


5. David Scrimm, Department of Labor and Industry, has been designated to preside over and conduct this hearing.


6. 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, which includes the name and e-mail or mailing address of the person to receive notices, and specifies the particular subject matter or matters regarding which the person wishes to receive notices. Such written request may be mailed or delivered to the Department of Labor and Industry, attention: Mark Cadwallader, 1327 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.


7. 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.


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


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



/s/ Mark Cadwallader_                          /s/ Anne MacIntyre          

Mark Cadwallader                                 Anne MacIntyre

Alternate Rule Reviewer                        Presiding Officer

                                                              Board of Personnel Appeals


Certified to the Secretary of State August 22, 2016.


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