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(1) Thirty days after publication of notice and following receipt of the presiding officer's report, the rule maker may adopt, amend or repeal rules covered by the notice of intended action.   2-4-302(2) , MCA.

(2) Notice of rulemaking .  Upon adoption, amendment or repeal of a rule, the agency shall file notice of its action with the secretary of state.   2-4-306, MCA.

(a) As illustrated by sample form 13, the notice must include:

(i) either the text of the rule adopted or amended, reference to the notice of proposed agency action in which the text of the proposed rule or rule as proposed to be amended was printed in full, or reference to the page number of the Administrative Rules of Montana on which the rule appears;

(ii) if the rule adopts a model code, rule or other publication by reference, a citation to the material adopted, its year, a statement of the general subject matter thereof, and where a copy of the material may be obtained. The material adopted by reference need not be published if publication would be unduly cumbersome, expensive or otherwise inexpedient.  Upon request of the secretary of state a copy of the omitted material must be filed with the secretary of state.   2-4-307, MCA.

(iii) a statement of the principal reasons for and against the adoption, amendment or repeal of a rule that was presented by interested persons. The statement also must include the agency's reasons for overruling the considerations urged against the agency action.  If substantial differences exist between the rule as proposed and as adopted, and the differences have not been described or set forth in the adopted rule, the differences must be described in the statement of reasons for and against the agency action.  The statement may be omitted if no written or oral submissions were presented.   2-4-305(1) , MCA.  See Patterson v. Montana Department of Revenue , 557 P.2d 798 (1976) .

(3) Objection by an administrative rule review committee made pursuant to 2-4-305(9) , 2-4-306(4) , or 2-4-406(1) , MCA.

(a) If the appropriate administrative rule review committee objects to a proposed notice of adoption, the proposed rules cannot be adopted until either:

(i) notification of withdrawal of the objection; or

(ii) publication of the last issue of the register before expiration of the 6-month period during which the adoption notice must be published.

(b) If the agency adopts the rule to which the appropriate administrative rule review committee objects, the adopted rule cannot become effective until either:

(i) withdrawal of the objection;

(ii) amendment of the rule to meet the concerns of the committee; or

(iii) the day after final adjournment of the regular session of the legislature that begins after the notice proposing the rule was published.

(4) Effective Date .  Absent an objection of the type referred to in (3) by an administrative rule review committee, the agency action is effective on the day following publication of the notice in the register, unless a later date is required by statute or specified in the notice.

History: 2-4-202, MCA; IMP, 2-4-202, 2-4-305, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1223, Eff. 10/12/79; AMD, 1981 MAR p. 1196, Eff. 10/16/81; AMD, 1992 MAR p. 1242, Eff. 6/12/92; AMD, 1999 MAR p. 1225, Eff. 6/4/99.

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