Montana Administrative Register Notice 6-260 No. 18   09/20/2019    
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In the matter of the amendment of ARM 6.6.8301 pertaining to establishment, deletion, or revision of classifications for various industries for supplementing the NCCI Basic Manual for Workers' Compensation and Employers Liability









TO: All Concerned Persons


            1. On October 16, 2019, at 11:00 a.m., the Classification Review Committee will hold a public hearing in the basement conference room of the Montana Commissioner of Securities and Insurance, at Helena, Montana, to consider the proposed amendment of the above-stated rule.


2. The Classification Review Committee 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 Classification Review Committee no later than 5:00 p.m. on October 1, 2019, to advise us of the nature of the accommodation that you need. Please contact Ramona Bidon, CSI, 840 Helena Avenue, Helena, Montana, 59601; telephone (406) 444-2726; TDD (406) 444-3246; fax (406) 444-3499; or e-mail rbidon@mt.gov.


3. The affected rule is shown below and no changes will be made to that rule. However, the Basic Manual for Workers' Compensation and Employers Liability (Basic Manual) incorporated by reference in this rule is supplemented by classification codes that are established, deleted, or revised in accordance with (2) of the rule and 33-16-1023(3), MCA.


            6.6.8301  ESTABLISHMENT OF CLASSIFICATION FOR COMPENSATION PLAN NO. 2 AND PLAN NO. 3 (1) and (2) remain the same.


AUTH: 33-16-1012, MCA

IMP: 2-4-103, 33-1-115, 33-16-1012, MCA


            REASON:  It is necessary to supplement the NCCI Basic Manual incorporated by reference in ARM 6.6.8301 by establishing, deleting, or revising classification codes in the Basic Manual that apply to various industries, through rulemaking procedures.  The Classification Review Committee approved proceeding to rulemaking to supplement the Basic Manual with Item Filing B-1437- Revisions to Basic Manual Classifications and Appendix E–Classifications by Hazard Group, including Aircraft Maintenance; Wool Spinning and Weaving; Yarn Manufacturing; Glove Manufacturing; Motion Picture Negative Development, Printing, and Subsequent Operations; Duplication and Replication of Prerecorded Audio, Video or Data; Cottonseed Oil Manufacturing; Street or Road Construction, Rock Excavation and Drivers; proposed to be effective July 1, 2020.


For additional details, see the filing, executive summary, and the classifications to be established, deleted, or revised in the filing as approved by the Montana Workers Compensation Classification Review Committee, at:  https://csimt.gov/wp-content/uploads/MT-Item-B-1437-Revised-Exhibit_Final-004.xlsx.


            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 the CR Committee attention of: Michael Craddock, Regulatory Disputes Consultant, NCCI, c/o Regulatory Operations Department, 901 Peninsula Corporate Circle, Boca Raton FL 33487-1362; telephone (561) 893-3820; fax (561) 893-5365; or e-mail Michael_Craddock@NCCI.com, and must be received no later than 5:00 p.m. MST, October 24, 2019.


5. Mike Winsor, State Auditor's Office, has been designated to preside over and conduct this hearing.


6. The Classification Review Committee maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this committee. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the committee.


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


8. With regard to the requirements of 2-4-111, MCA, the Classification Review Committee has determined that the supplementing of the above-referenced rule will not significantly and directly impact small businesses.



/s/ Mike Winsor                               /s/ Greg Roadifer                           

Mike Winsor                                    Greg Roadifer

Rule Reviewer                                Committee Chair


Certified to the Secretary of State September 10, 2019.


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