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Montana Administrative Register Notice 24-11-372 No. 9   05/14/2021    
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                 BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                        OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 24.11.478 pertaining to COVID unemployment insurance benefits

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NOTICE OF PUBLIC HEARING ON PROPOSED REPEAL

 

 

TO: All Concerned Persons

 

            1. On June 11, 2021, at 11:00 a.m., the Department of Labor and Industry (department) will hold a public hearing via remote conferencing to consider the proposed repeal of the above-stated rule. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:

            a. Join Zoom Meeting, https://mt-gov.zoom.us/j/88441680485

                  Meeting ID: 884 4168 0485

            -OR-

            b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656

                   Meeting ID: 884 4168 0485

                  

            The hearing will begin with a brief introduction by department staff to explain the use of the videoconference and telephonic platform. All participants will be muted except when it is their time to speak.

 

2. The Department of Labor and Industry 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 of Labor and Industry no later than 5:00 p.m. on June 4, 2021, to advise us of the nature of the accommodation that you need. Please contact Boris Karasch, Department of Labor and Industry, P.O. Box 8020, Helena, Montana, 59604-8020; telephone (406) 444-4676; fax (406) 444-2699; Montana Relay 711; or e-mail bkarasch2@mt.gov.

 

3. The department proposes to repeal the following rule:

 

24.11.478 COVID-19 CLAIMS FOR UNEMPLOYMENT INSURANCE BENEFITS FOR WEEKS OF UNEMPLOYMENT BEGINNING ON OR AFTER JULY 12, 2020

 

AUTH: 39-51-301, 39-51-302, MCA

IMP: 39-51-102, 39-51-301, 39-51-501, MCA

 

REASON:  This rule, enacted amid a once-in-a-century global pandemic, is no longer necessary as Montanans receive the COVID-19 vaccine in greater and greater numbers and as statewide COVID-19 cases continue to decline.  The rule reinstates reasonable work-search requirements on individuals receiving unemployment insurance benefits.  Repealing this rule and reinstating these requirements will bring Montanans back into our workforce and expand economic opportunity for Montana families. Repeal of the rule also coincides and is based on the expected enactment of House Bill 230 (2021) which effectuates the ending of the state of emergency in Montana. By the terms of this rule, it is no longer in force or in effect after the state of emergency. Repeal of the rule to coincide with ending the state of emergency therefore keeps the administrative rules up to date.

 

            4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to:  Boris Karasch, Department of Labor and Industry, P.O. Box 8020, Helena, Montana, 59604-8020; telephone (406) 444-4676; fax (406) 444-2699; Montana Relay 711; or e-mail bkarasch2@mt.gov, and must be received no later than 5:00 p.m., June 11, 2021.

 

5. Department of Labor and Industry staff has been designated to preside over and conduct this hearing.

 

6. 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 mailed or delivered to the contact person in paragraph 2 above or may be made by completing a request form at any rules hearing held by the department.

 

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

 

8. With regard to the requirements of 2-4-111, MCA, the department has determined that the repeal of the above-referenced rule will significantly and directly impact small businesses by helping them find and hire the workers they need to grow and thrive.  Repeal of this rule means a larger, more robust workforce for our small businesses and a stronger economy for all Montanans.

 

 

 

/s/ QUINLAN L. O'CONNOR

Quinlan L. O'Connor

Alternate Rule Reviewer

/s/ LAURIE ESAU

Laurie Esau, Commissioner

DEPARTMENT OF LABOR AND INDUSTRY

 

Certified to the Secretary of State May 4, 2021.

 

 

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