(1) How notice is given.   2-4-302, MCA.

 

(a) An agency shall notify the chief sponsor of any legislation when the agency begins work on the initial rule proposal implementing one or more sections of that legislation.  If a proposed rule implements more than one bill, the chief sponsor of each bill must be notified.   2-4-302(2) , MCA.

(b) An agency shall publish notice of intent to adopt, amend or repeal a rule in accordance with 2-4-302(2) and (3) , MCA.

(c) An agency shall post the notice on the state electronic bulletin board or other available electronic communications system.  Posting on the agency's home page is adequate.

(d) Within 3 days of publication pursuant to ARM 1.3.206(1) (b) , an agency shall send copies of the notice:

(i) to all interested persons; and

(ii) to the chief sponsor of the legislation being implemented, if the notice is the initial rule proposal regarding that legislation.   2-4-302(2) , MCA.  If a proposed rule implements more than one bill, the chief sponsor of each bill must receive a copy of the notice.

(e) Former legislators who wish to receive notice of initial proposals must keep their name, address, and telephone number on file with the secretary of state.  Agencies proposing rules shall consult that listing.   2-4-302(8) , MCA.

(f) An agency may send a copy of the notice to a statewide wire service and any other news media it considers appropriate.   2-3-105, MCA.

(g) Whenever practicable and appropriate, the agency may send written notice to licensees of the agency.   2-4-631(3) , MCA.

(2) Notice of agency action must be published within six months of the date on which notice of the proposed action was published.   2-4-305, MCA.

(3) Contents of notice.

(a) Notice of public hearing .

(i) As illustrated by sample form 4, the notice must include:

(A) all notice items required by 2-4-302(1) , MCA.

(I) The agency may issue a single public notice that it intends to adopt, amend and repeal several rules dealing with the same subject matter in a single proceeding.

(II) Whenever possible the agency should include in the notice the full text of any rule proposed to be adopted, amended or repealed.  Summaries and paraphrasing may only be used when it is not possible to include a copy of the proposed rule in the notice.  Such summaries and paraphrasing must accurately reflect the substance of the proposed agency actions.

(III) The agency shall include in its notice an easily understood statement of reasonable necessity which contains the principal reasons and the rationale for each proposed rule.  One statement may cover several proposed rules if appropriate, and if  the language of the statement clearly indicates which rules it covers.  An inadequate statement of reasonable necessity cannot be corrected in an adoption notice.  The corrected statement of reasonable necessity must be included in a new notice of proposed action.

 

(IV) The agency shall include in its notice information describing the interested persons list and explaining how persons may be placed on that list.   2-4-302, MCA.

(V) An agency may adopt a rule which adopts by reference any model code, federal agency rule, rule of any agency of this state, or other similar publication if the publication of the model code, rule or other publication would be unduly cumbersome, expensive or otherwise inexpedient.  The notice must contain a citation to the material adopted by reference, a statement of its general subject matter content, and must state where a copy of the material may be obtained.  Amendments to incorporated material are not effective unless adopted pursuant to 2-4-307, MCA.

(B) at the end of each rule noticed, a citation to the authority for the proposed rule, and citation to the MCA section or sections being implemented.  When an amendment to a rule is proposed, the section(s) of the MCA that constitute authority for the amendment and sections implemented by the amendment must be underlined.  If a proposed action implements a policy of a governing board or commission, the notice must include a citation to and description of the policy implemented.

(C) a designation of the officer or authority who will preside at and conduct the hearing.

(b) Notice when agency does not plan to hold a public hearing .

(i) As illustrated by sample forms 5 through 8, the notice must include:

(A) all notice items required by 2-4-302(1) , MCA;

(B) a statement that any interested person desiring to express or submit data, views or arguments at a public hearing must request the opportunity to do so, and that if 10% or 25, whichever is less, of the persons directly affected; or a governmental subdivision or agency; or an association having not less than 25 members who will be directly affected; or the legislature's appropriate administrative rule review committee request a hearing, a hearing will be held after appropriate notice is given.  Reference to the appropriate administrative rule review committee is unnecessary if the full legislature, by joint resolution, has ordered the repeal of a rule;

(C) a statement of the number of persons which constitutes 10% of those directly affected;

 

(D) the name and address of the person to whom request for public hearing must be submitted; and the date by which a request must be submitted; and

(E) at the end of each rule noticed, a citation to the authority for the rule and the code section or sections being implemented.  When an amendment to a rule is proposed, the section(s) of the MCA that constitute authority for the amendment and the section(s) actually implemented by the amendment must be underlined.

(c) Notice of public hearing when a hearing has been properly requested .  When a hearing has been properly requested, the agency shall mail notice of the hearing to persons who have requested a public hearing. 2-4-302, MCA.  Also, notice must be published in the register.   2-4-302(2) , MCA.

(i) As illustrated by sample form 10, the notice shall state that the hearing is being held upon request of the requisite number of persons designated in the original notice, 2-4-302(4) , MCA; or the appropriate administrative rule review committee of the legislature, 2-4-402(3) , MCA; or a governmental agency or subdivision; or an association.