Montana Administrative Register Notice 24-189-31 No. 11   06/07/2007    
    Page No.: 771 -- 773
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In the matter of the proposed amendment             ) NOTICE OF PUBLIC HEARING

of ARM 24.189.401 fees, and 24.189.604            ) ON PROPOSED AMENDMENT

minimum standards                                                  )


TO: All Concerned Persons


1. On June 28, 2007, at 9:00 a.m., a public hearing will be held in room 439, 301 South Park Avenue, Helena, Montana to consider the proposed amendment of the above-stated rules.


2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Psychologists (board) no later than 5:00 p.m., on June 22, 2007, to advise us of the nature of the accommodation that you need. Please contact Cheryl Brandt, Board of Psychologists, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2394; Montana Relay 1-800-253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; e-mail dlibsdpsy@mt.gov.


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


24.189.401 FEE SCHEDULE (1) and (1)(a) remain the same.

(b) Renewal fee                                                                                              250 400

(c) through (2) remain the same.


AUTH: 37-1-134, 37-17-202, MCA

IMP: 37-1-134, 37-1-141, 37-17-302, MCA


REASON: The board has determined that reasonable necessity exists to increase the renewal licensure fee for psychologists to comply with the provisions of 37-1-134, MCA, and keep board fees commensurate with associated costs. The department, in providing administrative services to the board, has determined that unless the renewal fee is increased as proposed, the board will have a shortage of operating funds by the 2008 licensure renewal period. The number of licensees has remained nearly constant over the past few years, thus board revenue has not kept pace with rising inflation and expenses. The board estimates that the fee change will affect approximately 231 renewing licensees and will result in an estimated $34,650 increase in annual revenue.


24.189.604 MINIMUM STANDARDS (1) A doctorate degree qualifies under 37-17-302(2)(c)(iii) (3)(c), MCA, if it is obtained from a psychology program which meets the following criteria:

(a) through (i) remain the same.


AUTH: 37-1-131, 37-17-202, 37-17-302, MCA

IMP: 37-17-302, MCA


REASON: It is reasonably necessary to amend this rule to correct the reference to 37-17-302, MCA. The statute was amended and renumbered in the 2005 legislative session and section (2)(c) no longer exists. It is necessary to reference the specific section in this rule as (3)(c) is the only particular statutory section implemented through this rule.


4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Board of Psychologists, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or by e-mail to dlibsdpsy@mt.gov, and must be received no later than 5:00 p.m., July 6, 2007.


5. An electronic copy of this Notice of Public Hearing is available through the department and board's site on the World Wide Web at www.psy.mt.gov. 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. 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 technical difficulties in accessing or posting to the e-mail address do not excuse late submission of comments.


6. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. Persons who wish to have their name added to the list shall make a written request which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings. Such written request may be mailed or delivered to the Board of Psychologists, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, faxed to the office at (406) 841-2305, e-mailed to dlibsdpsy@mt.gov, or made by completing a request form at any rules hearing held by the agency.


7. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.


8. Darcee Moe, attorney, has been designated to preside over and conduct this hearing.



                                                                                 BOARD OF PSYCHOLOGISTS

                                                                                 GEORGE WATSON, PhD., CHAIRPERSON


/s/ DARCEE L. MOE                                             /s/ KEITH KELLY

Darcee L. Moe                                                       Keith Kelly, Commissioner

Alternate Rule Reviewer                                        DEPARTMENT OF LABOR AND INDUSTRY



Certified to the Secretary of State May 29, 2007

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