Montana Administrative Register Notice 4-14-177 No. 3   02/14/2008    
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In the matter of the proposed amendment of ARM 4.4.303 relating to insured crops


TO: All Concerned Persons


1. On March 6, 2008, at 10:00 a.m. the Montana Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 303 N. Roberts at Helena, Montana, to consider the proposed amendment of the above-stated rule.


2. The Department of Agriculture will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Agriculture no later than 5:00 p.m. on February 28, 2008, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen at the Montana Department of Agriculture, 303 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; Phone: (406) 444-3144; Fax: (406) 444-5409; or e-mail: agr@mt.gov.


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


4.4.303 INSURED CROPS (1) All crops authorized under 80-2-205, MCA, including the following, may be insured at any time to through August 15.


          alfalfa                  alfalfa seed        barley                   beans

          camelina              canary seed       canola                   chick peas

          corn                    flax                    fruit                       grass crops*

          herbs                   lentils                 millet                     mint

          mustard               oats                   peas                     potatoes

          rape                    rye                    safflower               sanfoin

          sorghum              soybeans           speltz                    sugar beets

          sunflowers           triticale               truck crops            wheat

          wheat grass

          *(does not include forage)


AUTH: 80-2-201, MCA

IMP: 80-2-205, MCA


REASON: The Board of Hail Insurance voted on April 27, 2007 to include these crops to ensure producer's knowledge that these crops are eligible for coverage. These crops have been insured but the department needs to add them to the rule to make sure producers are aware of available coverage. The existing crops were alphabetized to make the list easier to use. This administrative rule will not have an economic impact because crops are being added for clarification purposes that were already insured.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Cort Jensen at the Montana Department of Agriculture, 303 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; Fax: (406) 444-5409; or e-mail: agr@mt.gov. Any comments must be received no later than 5:00 p.m. on March 13, 2008.


5. 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 sent or delivered to Montana Department of Agriculture, 303 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; Fax: (406) 444-5409; or e-mail: agr@mt.gov or may be made by completing a request form at any rules hearing held by the Department of Agriculture.


6. An electronic copy of this Notice of Public Hearing on Proposed Amendment is available through the department's web site at www.agr.mt.gov, under the Administrative Rules section. The department strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


7. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.




/s/ Gary Gollehon

Gary Gollehon, Chair

Board of Hail Insurance


/s/ Ron de Yong /s/ Cort Jensen

Ron de Yong, Director Cort Jensen, Rule Reviewer


Certified to the Secretary of State, February 4, 2008.

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