Montana Administrative Register Notice 42-2-969 No. 3   02/03/2017    
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In the matter of the transfer and amendment of ARM 42.2.705 pertaining to alternative business office hours in qualified county offices, to remove Pondera County










TO: All Concerned Persons


1. The Department of Revenue proposes to transfer and amend the above-stated rule.


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 notice. If you require an accommodation, contact the department no later than 5 p.m. on February 23, 2017, to advise us of the nature of the accommodation you need. 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. The rule as proposed to be transferred and amended provides as follows, new matter underlined, deleted matter interlined:



(1) through (3)(l) remain the same.

(m) Pondera County business office hours 8 a.m. to 12 noon Monday through Thursday; 8 a.m. to 5 p.m. Friday;

(n) through (q) remain the same, but are renumbered (m) through (p).

(4) remains the same.


AUTH: 2-16-117, 15-1-201, MCA

IMP:  2-16-117, MCA


REASON: The department proposes amending ARM 42.2.705 to remove a county from the list of local department offices operating with alternative business office hours, as provided for in 2-16-117, MCA.

Pondera County officials expressed concern that the department's local office was not open for business when needed and requested that department staff the office full-time. The department agreed and will make adjustments to staff schedules in Pondera and surrounding counties in order to provide full-time coverage in the Pondera County office as requested. Therefore, it is reasonably necessary to remove the county from this rule because it will no longer operate with alternative business office hours. The department notified the Pondera County officials of the pending change in a letter dated December 19, 2016.

The department further proposes transferring the rule to a different subchapter within ARM Title 42, chapter 2, to house the rule together with the department's other public access rules where it will be easier to locate.


4. 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 5 p.m., March 6, 2017.


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 Laurie Logan at the above address no later than 5 p.m., March 6, 2017.


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 675 persons based on 6,750 property tax payers in Pondera County.


7. 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 that 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 a 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 4 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.


8. An electronic copy of this notice is available on the department's web site at revenue.mt.gov/rules. 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.


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 transfer and amendment of the above-referenced rule 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 January 23, 2017.


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