BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

TO: All Interested Persons

1. On May 10, 2007, the Department of Public Health and Human Services published MAR Notice No. 37-404 pertaining to the public hearing on the proposed amendment of the above-stated rules, at page 584 of the 2007 Montana Administrative Register, issue number 9.

2. The department has amended ARM 37.70.305, 37.70.311, 37.70.312, 37.70.406, 37.70.408, 37.70.601, and 37.71.601 as proposed.

3. The department is not amending ARM 37.70.602 at this time.

4. The department has amended the following rule as proposed with the following changes from the original proposal. Matter to be added is underlined. Matter to be deleted is interlined.

37.70.401 DEFINITIONS (1) through (4) remain as proposed.

(5) "Eligible energy costs" means costs of the various types of energy supplied by the household's fuel vendors. Energy delivered by the household's fuel vendors prior to October 1 are is ineligible for payment in the current heating season, except that charges incurred from July 1 through September 30 for propane to heat a residence are eligible for payment in the current heating season. Provided, however, that eligible energy costs may include energy delivered prior to October 1 for applications filed after September 30, when the type of fuel and the vendor's normal billing procedures make the above definition impracticable.

(6) through (23) remain as proposed.

AUTH: 53-2-201, MCA

IMP: 53-2-201, MCA

5. The department noticed there is a grammatical error in the second sentence of ARM 37.70.401(5) and corrected it. It should read "Energy delivered by the household's fuel vendors prior to October 1 is ineligible for payment," rather than "are ineligible". The department is changing the verb "are" to "is".

6. The department has thoroughly considered all commentary received. The comments received and the department's response to each follow:

COMMENT #1: The Notice of Public Hearing on Proposed Amendment does not include a statement of the reasonable necessity for the proposed amendments to ARM 37.70.602 as required by 2-4-302(1), MCA.

RESPONSE: The department inadvertently omitted the statement of the reasonable necessity for the proposed amendments to ARM 37.70.602 and therefore is not amending ARM 37.70.602 as proposed at this time.

/s/ Barbara Hoffmann                                              /s/ John Chappuis for

Rule Reviewer                                                         Director, Public Health and

                                                                                  Human Services

Certified to the Secretary of State June 25, 2007.