RECENT
RULEMAKING BY AGENCY
The Administrative Rules of Montana
(ARM) is a compilation of existing permanent rules of those executive agencies
that have been designated by the Montana Administrative Procedure Act for
inclusion in the ARM. The ARM is updated
through March 31, 2019. This table
includes notices in which those rules adopted during the period February 22, 2019,
through July 26, 2019, occurred and any proposed rule action that was pending
during the past 6-month period. (A
notice of adoption must be published within six months of the published notice
of the proposed rule.) This table does
not include the contents of this issue of the Montana Administrative Register
(MAR or Register).
To be current on proposed and adopted
rulemaking, it is necessary to check the ARM updated through March 31, 2019,
this table, and the table of contents of this issue of the Register.
This table indicates the department
name, title number, notice numbers in ascending order, the subject matter of
the notice, and the page number(s) at which the notice is published in the 2019
Montana Administrative Registers.
To aid the user, this table includes
rulemaking actions of such entities as boards and commissions listed separately
under their appropriate title number.
ADMINISTRATION, Department of, Title 2
2-4-581 Accounting and Financial Reporting
Standards - Report Filing Fees - Filing Penalties - Waivers and Extensions of
Penalties - Audit and Audit Reporting Standards - Roster of Independent
Auditors - Resolution and Corrections of Audit Findings - Financial Reviews -
Incorporation by Reference of Various Standards, Accounting Policies, and
Federal Laws and Regulations - Audit Contracts, p. 761, 987
2-13-585 Public Safety Answering Point (PSAP)
Certification and Funding, p. 558, 903
2-59-572 Definitions for Credit Unions, p. 2357,
290
(Public Employees' Retirement Board)
2-43-578 Adopting
by Reference the Amended State of Montana Public Employees Pooled Trust in the
Defined Contribution Retirement Plan - Adopting by Reference the Amended Stable
Value Fund Investment Policy Statement in the Defined Contribution Retirement
Plan and the 457(b) Deferred Compensation Plan - Adopting by Reference the
Amended State of Montana Public Employees Pooled Trust in the 457(b) Deferred
Compensation Plan, p. 1, 288
2-43-582 Investment
Policy Statements for the Defined Contribution Retirement Plan and the 457(b)
Deferred Compensation Plan, p. 251, 424
2-43-583 Investment
Policy Statements for the Defined Contribution Retirement Plan and the 457(b)
Deferred Compensation Plan, p. 410, 736
(State Lottery Commission)
2-63-579 General
Provisions - Retailer Commission - Duplicate Licenses - Prizes - Acceptable
Forms of Payment, p. 6, 291
AGRICULTURE, Department of, Title 4
4-18-252 Potato Commodity Assessment Collection,
p. 2359, 292
4-19-255 Hemp, p. 254, 532
4-19-256 Financial Responsibility, p. 264, 537
4-19-257 State Noxious Weed List, p. 413, 825
4-19-258 Hemp Processing and Associated Fees, p.
698
4-19-259 Certified Natural Beef Cattle Marketing
Program, p. 702, 1047
4-19-260 Apiary Fees, p. 782
4-19-261 Pesticide Registrations - Worker
Protection Standards - Containers and Disposal Program, p. 905
STATE AUDITOR, Office of, Title 6
(Commissioner of Securities and
Insurance)
6-249 Replacement of Life Insurance or
Annuities, p. 11, 293
COMMERCE, Department of, Title 8
8-94-165 Administration of the 2020 Biennium
Treasure State Endowment Program–Planning Grants, p. 415, 737
8-94-166 Administration of the Delivering Local
Assistance (DLA) Program, p. 562, 955
8-99-167 Certified Regional Development
Corporation Program, p. 785
8-99-168 Implementation of the Big Sky Economic
Development Trust Program, p. 788
8-100-169 Montana Board of Research and
Commercialization Technology, p. 915
8-111-170 Administration of the Coal Trust
Multifamily Homes (CTMH) Program, p. 992
8-119-164 Tourism Advisory Council, p. 417, 739
EDUCATION, Title 10
(Office of Public Instruction)
10-16-132 Special Education, p. 165, 790
(Board of Public Education)
10-54-288 Deadlines for Transformational Learning Aid, p. 793, 1048
10-55-286 Hazard and Emergency Plans, p. 564, 1049
10-55-289 Accreditation Process, p. 997
10-56-285 Student Assessment, p. 567, 1050
10-57-287 Educator Licensure, p. 573, 1051
FISH, WILDLIFE AND PARKS, Department of,
Title 12
12-509 Closing the Ennis Fishing Access Site
and the Valley Garden Fishing Access Site in Madison County, p. 204
12-510 Closing the York's Islands Fishing
Access Site in Broadwater County, p. 295
12-511 Closing the Rosebud Isle Fishing
Access Site in Stillwater County, p. 297
12-512 Closing the Smith River From Camp
Baker to Eden Bridge, p. 393
12-513 Closing the Mallard's Rest Fishing
Access Site in Park County, p. 395
12-514 Pilot Program for Aquatic Invasive
Species in the Flathead Basin, p. 577, 963
12-518 Closing Cooney State Park in Carbon
County, p. 743
12-519 Closing the Medicine River Fishing
Access Site in Cascade County, p. 745
12-520 Closing the Fort Shaw Fishing
Access Site in Cascade County, p. 747
(Fish and Wildlife Commission)
12-484 Recreating
on the Helena Valley Regulating Reservoir, p. 2160, 294
12-507 No
Wake Zones on Canyon Ferry Reservoir, p. 2163, 273, 538
12-508 Recreational
Use on the Bitterroot River, p. 193, 740
12-515 Two-Way
Electronic Communication While Hunting, p. 919
12-516 Tagging
Carcasses of Game Animals, p. 921
12-517 Animal
Kill Site Verification, p. 923
12-521 List
of Water Bodies With Specific Regulations Found in Administrative Rule, p. 925
ENVIRONMENTAL QUALITY, Department of,
Title 17
(Board of Environmental Review)
17-402 Implementing
a Registration System for Certain Facilities That Currently Require a Montana
Air Quality Permit, p. 2430, 425
17-403 Ground
Water Standards Incorporated by Reference Into Department Circular DEQ-7, p.
2446, 196, 826
17-404 Definitions
- Department Circulars DEQ-1, DEQ-2, and DEQ-3 - Setbacks Between Water Wells
and Sewage Lagoons, p. 2455, 836
TRANSPORTATION, Department of, Title 18
18-173 Motor Carrier Services Safety
Requirements, p. 314, 543
18-174 Motor Fuels Tax Electronic Refunds,
p. 927
18-176 Motor Carrier Services Maximum
Allowable Weight - Wintertime and Durational Permits, p. 1002
(Board of Aeronautics)
18-175 Loan and Grant Program - Pavement
Preservation Grants, p. 930
JUSTICE, Department of, Title 23
23-3-253 Third-Party CDL Skills Testing Program
- Commercial Driver's License Testing, p. 1766, 176, 338
23-12-432 Locking Arrangements in Educational
Occupancies, p. 299
23-16-256 Authorization and Regulation of 50/50
Raffles and 50/50 Raffle Electronic Processing Systems - Definitions - Grounds
for a Denial of a License - Cross-References to Alcoholic Beverages Licenses -
Credit Play - Administrative Procedure - Card Dealer Licensure - Raffles - Card
Dealer Licensure, p. 2482, 302
LABOR AND INDUSTRY, Department of, Title
24
Boards
under the Business Standards Division are listed in alphabetical order by
chapter following the department notices.
24-21-346 Registered Apprenticeship, p. 579, 934
24-29-343 Medical Utilization and Treatment
Guidelines for Workers' Compensation Purposes, p. 317, 846
24-29-345 Medical Fee Schedules for Workers'
Compensation Purposes, p. 390, 848
24-30-344 Occupational Safety and Health Rules for
Public Sector Employees, p. 320, 849
24-117-33 Licensure and Regulation of Professional
Boxing, p. 324, 544
(Board of Architects and Landscape
Architects)
24-114-37 Architect Examination - Architect
Licensure by Examination - Education and Experience Required for Landscape
Architect Licensure - Architect Continuing Education Requirements -
Unprofessional Conduct, p. 275, 1052
(Board of Athletic Trainers)
24-118-5 Definitions - Fee Schedule - Renewals -
Unprofessional Conduct - Limit on Nonlicensee Conduct, p. 170, 427
(Board of Dentistry)
24-138-75 Definition of Nonroutine Application -
General Standards for Specialties - Specialty Advertising, p. 2361, 429
(Board of Hearing Aid Dispensers)
24-150-41 Fees - Record Retention - Fee Abatement -
Traineeship Requirements and Standards - Minimum Testing - Transactional
Document Requirements–Form and Content - Continuing Education Requirements -
Unprofessional Conduct - Standards for Approval, p. 582
(Board of Medical Examiners)
24-156-85 Definitions - Unprofessional Conduct -
Reporting to the Board - ECP Licensure Qualifications - ECP License Application
- Substantially Equivalent Education - Continuing Education and Refresher
Requirements - Expired License - Fees - Medical Direction - Levels of ECP
Licensure Including Endorsements - Endorsement Application - Procedures for
Revision of Montana ECP Practice Guidelines or Curriculum - Scope of Practice -
Training Courses - Final Pre-Licensing Examinations - Complaints - ECP License
Renewal - ECP Training Program/Course Application and Approval - Examinations -
Initial ECP Course Requirements - Post-Course Requirements - ECP Clinical
Requirements, p. 83, 431
(Board of Nursing)
24-159-87 Definitions - Nonroutine Applications -
Educational Facilities for Programs - Program Annual Report - Program Faculty -
Curriculum Goals and General Requirements for Programs - Renewals - Alternative
Monitoring Track - Biennial Continuing Education Requirements - Auditing of
Contact Hours, p. 706, 1055
(Board
of Occupational Therapy Practice)
24-165-24 Definitions - Fees - Military Training or
Experience - Examinations - Supervision - Deep Modality Endorsement -
Recognized Education Programs - Standards of Practice - Approved Modality
Instruction - Approved Training - Endorsement to Apply Topical Medications -
Use of Topical Medications - Protocols for Use of Topical Medications -
Debriding Agents Protocols - Anesthetic Agents Protocols - Nonsteroidal
Anti-Inflammatory Agents Protocols - Antispasmodic Agents Protocols -
Adrenocortico-Steroid Agent Protocols - Protocol for Use of an Approved
Medication as a Neuropathic Pain Agent - Temporary Practice Permit - Inactive
Status - Continuing Education - Continuing Education–Exemption - Unprofessional
Conduct - Bactericidal Agents Protocols - Applications for Licensure -
Pass-Fail Criteria - Supervision–Methods - Documentation of Instruction and
Training - Approval to Use Sound and Electrical Physical Agent Modalities
Endorsement - Documenting Education and Competence to Perform Sound and
Electrical Physical Agent Modalities–Out-of-State Practitioners, p. 509
(Board of Outfitters)
24-171-39 Fees - Outfitter Records - Safety and
First Aid Provisions - Insurance for Outfitters - Guide License, p. 280, 850
(Board of Pharmacy)
24-174-71 Fee Schedule - Military Training or
Experience - Collaborative Practice Agreement Requirements - Internship
Requirements - Preceptor Requirements - Required Forms and Reports -
Registration Requirements - Use of Pharmacy Technician - Ratio of Pharmacy
Technicians to Supervising Pharmacists - Transfer of Prescriptions - Registered
Pharmacist Continuing Education–Requirements - Qualifications of Pharmacy
Technician - Pharmacies–Annual Renewal - Pharmacy Technician–Renewal - Renewals
- Registered Pharmacist Continuing Education–Noncompliance, p. 935
(Board of Professional Engineers and
Professional Land Surveyors)
24-183-43 Definitions - Fee Schedule - Teaching of
Advanced Engineering Subjects in Montana - Certificate of Authorization -
Applications - Exhibits of Land Surveying Projects - Comity for Professional
Engineers and for Professional Land Surveyors - Classification of Land
Surveying Experience - Continuing Professional Competence-Continuing Education
- Unprofessional Conduct, p. 13, 635
(Board
of Real Estate Appraisers)
24-207-42 Appraisal Review - USPAP Exemption -
Definitions - Examination - Application Requirements - Approval of Qualifying
and Continuing Education Courses - Ad Valorem Appraisal Experience - Qualifying
Experience - Inactive License/Certification - Inactive to Active License -
Trainee Requirements - Mentor Requirements - Registration and Renewal of
Appraisal Management Companies - Continuing Education-Compliance and Auditing -
Unprofessional Conduct for Appraisers - Unprofessional Conduct for Appraisal
Management Companies - Incorporation by Reference of the Real Property
Appraiser Qualification Criteria - Appraiser Reporting Obligations to the Board
- Appraisal Management Company Reporting Obligations to the Board - Regulatory
Reviews - Experience-Number of Hours Required - Qualifying Education
Requirements for Licensed Real Estate
Appraisers - Qualifying Education Requirements for Residential Certification -
Qualifying Education Requirements for General Certification - Scope of Practice
- Continuing Education Noncompliance, p. 2166, 53, 636
24-207-43 Ad Valorem Tax Appraisal Experience, p.
420
(Board
of Realty Regulation)
24-210-45 Fee Schedule - Applications for
Examination and License in General–Broker and Salesperson - New Licensee
Mandatory Continuing Education–Salespersons - Continuing Real Estate Education
- Continuing Property Management Education - Waiver of Experience Requirement
for Broker Licensing Prohibited - Board Approval of Courses, Providers, and
Instructors, p. 588, 1056
(Board
of Respiratory Care Practitioners)
24-213-21 Abatement of Renewal Fees - Continuing
Education Requirements, p. 106, 749
24-213-22 Continuing
Education Requirements - Acceptable Continuing Education - Waiver of Continuing
Education Requirement - Traditional Education by Nonsponsored Organizations -
Teaching - Papers, Publications, Journals, Exhibits, Videos, Independent Study,
and College Course Work, p. 1007
(Board
of Behavioral Health)
24-219-32 Renewal Dates and Requirements - Military
Training or Experience - Continuing Education Procedures and Documentation -
Procedural Rules - Fee Schedules - Continuing Education Requirements -
Accreditation and Standards - Reporting Requirements - Continuing Education
Noncompliance, p. 20, 339
24-219-33 Licensed Addiction Counselors, p. 207
LIVESTOCK, Department of, Title 32
32-19-295 Manner, Positioning, and Size of
Labeling, p. 285, 448
32-19-297 Subject Diseases or Conditions -
Importation of Restricted or Prohibited Alternative Livestock, p. 714, 947
NATURAL RESOURCES AND CONSERVATION,
Department of, Title 36
(Board
of Water Well Contractors)
36-22-194 Location of Wells, p. 2494, 111, 851
PUBLIC HEALTH AND HUMAN SERVICES,
Department of, Title 37
37-847 Wholesale Foods and Food Standards,
p. 598
37-865 Updating Requirements to Limit
Opioid Supply for Members Without Cancer Diagnosis, p. 1012
37-872 Clinic Services Requirements, p. 32,
341
37-873 Healthy Learning Environments in
Montana Public Schools, p. 795, 1016
37-874 Update of the Healthcare
Effectiveness Date and Information Set (HEDIS), p. 198, 397
37-875 Updating the Composite Rate for
Outpatient Maintenance Dialysis Clinic, p. 112, 343
37-876 Adult Protective Services, p. 35,
344
37-877 Rural Health Clinics and Federally
Qualified Health Centers, p. 1017
37-878 Medicaid Rates, Services, and
Benefit Changes, p. 618, 964, 1061
37-879 Low Income Weatherization
Assistance Program (LIWAP), p. 331, 545
37-880 Montana Trauma System Plan 2019, p.
822
37-881 Healthy Montana Kids (HMK) Dental
Benefits, p. 335, 546
37-882 Nursing Facility Reimbursement, p.
631, 973
37-883 Updating the Federal Poverty Index
Guidelines for the Montana Telecommunications Access Program (MTAP), p. 529,
853
37-885 Youth Care Facilities, p. 1034
37-886 Migrating Billing to Medicaid
Management Information System (MMIS), p. 723
REVENUE, Department of, Title 42
42-2-997 Tax Increment Financing Districts, p.
2193, 345
42-2-999 Trended Depreciation Schedules for
Valuing Personal Property, p. 2369, 115, 209
42-1000 Industry Trade Shows - Catering
Endorsements - Catered Events, p. 727
SECRETARY OF STATE, Office of, Title 44
44-2-232 Notaries
Public, p. 948
44-2-233 Filing
UCC Documents, p. 1040
44-2-234 Performance
Standards for Devices That Provide Accessible Voting Technology for Electors
With Hearing, Vision, Speech, or Ambulatory Impairments, p. 1045