Montana Administrative Register Notice 42-1020 No. 12   06/26/2020    
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In the matter of the repeal of ARM 42.2.316 pertaining to alternative county business office hours









TO: All Concerned Persons


1. The Department of Revenue proposes to repeal the above-stated rule.


2. The Department of Revenue 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 no later 5:00 p.m. on July 3, 2020, to advise us of the nature of the accommodation you need. Please contact Todd Olson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or e-mail todd.olson@mt.gov.


3. The department proposes to repeal the following rule:




AUTH: 2-16-117, 15-1-201, MCA

IMP:  2-16-117, MCA


REASONABLE NECESSITY:  During the 2017 legislative session, the department's Property Assessment Division suffered significant budget cuts for the 2018-2019 biennium as a result of the passage of House Bill 2 and Senate Bill 261. The budget cuts were magnified with the triggers in Senate Bill 261 when the state experienced revenue shortfalls combined with high expenditures.  Due to these cuts, the department had to close over half of its county offices. Since the office closures, the department has made significant changes to operations to continue to provide services and support to our local government partners and the public. The department is open for the transaction of business for all counties 8 a.m. to 5 p.m. Monday through Friday through all of our field and regional offices. The field offices' core hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise posted in advance, in which case, a phone number for service will be available.

Because the department is not operating local offices with alternative business office hours, as described in 2-16-117, MCA, the department proposes to repeal ARM 42.2.316.  


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Todd Olson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or e-mail todd.olson@mt.gov and must be received no later than 5:00 p.m., July 27, 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 to the person named in #4 no later than 5:00 p.m., July 27, 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. Notice of the hearing will be published in the Montana Administrative Register.  The number of hearing requests necessary for the department to conduct a public hearing is 25, because it is less than ten percent of the number of Montana taxpayers in the counties that have experienced department office closures.


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 different mailing preference is noted in the request.  Such written request may be mailed or emailed to the contact person in #4.


8. An electronic copy of this notice is available through the Secretary of State's web site at sosmt.gov/arm/register.


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



/s/ Todd Olson                                              /s/ Gene Walborn                                        

Todd Olson                                                   Gene Walborn

Rule Reviewer                                              Director of Revenue


Certified to the Secretary of State June 16, 2020.

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