BEFORE THE Department of REVENUE
OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On March 13, 2020, the Department of Revenue (department) published MAR Notice No. 42-1017 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 462 of the 2020 Montana Administrative Register, Issue Number 5. On June 26, 2020, the department published the Notice of Amendment and Repeal pertaining to MAR Notice No. 42-1017 (adoption notice) at page 1177 of the 2020 Montana Administrative Register, Issue Number 12.
2. The department discovered an inadvertent error in the adoption notice subsequent to its filing with the Secretary of State on June 16, but prior to its publication in the Montana Administrative Register on June 26. The error includes incorrect text finalized within the department's amendment to ARM 42.13.101(11)(a), made in a response to a comment, which was intended to provide for department consideration of mitigating circumstances prior to the department's investigation of a licensee or concessionaire's alleged violations. All other mitigating circumstances - including those where an administrative action has been initiated by the department - are provided in (12), which cross-references the authority in 16-4-406, MCA, and the mitigating circumstances described therein.
3. The rule, as amended in corrected form, reads as follows, deleted matter interlined, new matter underlined:
42.13.101 COMPLIANCE WITH LAWS AND RULES (1) through (10) remain as adopted.
(11) Mitigating circumstances may result in the adjustment of monetary penalties, amount of suspension time, or revocation, and will not bind the department to the progressive penalty schedule. Mitigating circumstances include, but are not limited to:
(a) the admissions of either the licensee or concessionaire regarding violations of the code or a rule of the department prior to the department commencing
administrative action against investigation of the licensee or concessionaire; or
(b) through (12) remain as adopted.
AUTH: 16-1-303, 16-4-1009, MCA
IMP: 16-1-302, 16-3-301, 16-4-406, 16-4-1004, 16-4-1008, 16-6-314, MCA
4. The replacement pages for this corrected notice were submitted to the Secretary of State on June 30, 2020.
/s/ Todd Olson /s/ Gene Walborn
Todd Olson Gene Walborn
Rule Reviewer Director of Revenue
Certified to the Secretary of State June 30, 2020.