Montana Administrative Register Notice 8-94-176 No. 23   12/06/2019    
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In the matter of the amendment of ARM 8.94.3816 pertaining to the administration of the 2021 and 2023 Biennia Treasure State Endowment Program – Emergency Grants











TO: All Concerned Persons


1. On January 7, 2020, the Department of Commerce proposes to amend the above-stated rule.


2. The Department of Commerce 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 of Commerce no later than 5:00 p.m., December 30, 2019, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2596; TDD 841-2702; fax (406) 841-2771; or e-mail docadministrativerules@mt.gov.


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


8.94.3816  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE TREASURE STATE ENDOWMENT PROGRAM (TSEP) – EMERGENCY GRANTS  (1) The Department of Commerce adopts and incorporates by reference the 2017 2021 and 2023  Biennium Biennia Emergency Grant Application Guidelines for TSEP Emergency Grants as rules for the administration of the 2017 2021 and 2023  Biennium Biennia Treasure State Endowment Program – Emergency Grants.

(2) remains the same.

(3)  Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Community Development Division Planning Bureau, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the Community Development Division Planning Bureau website at http://comdev.mt.gov/planningbureau/planningbureau.mcpx https://comdev.mt.gov/Programs/TSEP/EmergencyGrants.


AUTH:  90-6-701, MCA

IMP:  90-6-701, MCA


REASON:  It is reasonably necessary to amend this rule to incorporate updated information in the 2023 biennium guidelines.


4. Concerned persons may submit their data, views, or arguments in written form or as a request for opportunity to submit data, views, or arguments in oral form to: Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana, 59620-0523; telephone (406) 841-2596; TDD (406) 841-2731; facsimile (406) 841-2771 or e-mail to docadministrativerules@mt.gov, and must be received no later than 5:00 p.m., January 3, 2020.


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 at the above address no later than 5:00 p.m., January 3, 2020.


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. Ten percent of those directly affected has been determined to be 29, based on the 292 cities, counties, towns, tribes,and water-sewer districts that are eligible to apply for an emergency grant. Notice of the hearing will be published in the Montana Administrative Register. 


7. The department 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, 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 department.


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


9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.



/s/ Amy Barnes                                             /s/ Tara Rice                                    

Amy Barnes                                                  Tara Rice

Rule Reviewer                                               Director

                                                                      Department of Commerce


Certified to the Secretary of State November 26, 2019.

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