BEFORE THE BOARD OF ARCHITECTS 

                                      AND LANDSCAPE ARCHITECTS 

                             DEPARTMENT OF LABOR AND INDUSTRY

                                               STATE OF MONTANA

 

In the matter of the amendment of ARM 24.114.401 fee schedule

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On July 16, 2021, at 10:00 a.m., a public hearing will be held via remote conferencing to consider the proposed amendment 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/82120748766

                  Meeting ID: 821 2074 8766, Passcode: 487613

                  -OR-

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

                  Meeting ID: 821 2074 8766, Passcode: 487613

 

            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 (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Architects and Landscape Architects no later than 5:00 p.m., on July 9, 2021, to advise us of the nature of the accommodation that you need. Please contact Dan Ritter, Board of Architects and Landscape Architects, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2244; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or dlibsdarc@mt.gov (board's e-mail).

 

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

 

            24.114.401 FEE SCHEDULE (1) The following fees apply to architects:

            (a) and (b) remain the same.

            (c) License renewal                                                                                     55 40

            (d) and (e) remain the same.

            (2) The following fees apply to landscape architects:

            (a) and (b) remain the same.

            (c) License renewal                                                                                250 170

            (3) and (4) remain the same.

 

            AUTH: 37-1-131, 37-1-134, 37-65-204, MCA

            IMP:     37-1-134, 37-1-141, 37-65-307, 37-66-309, MCA

 

REASON:  The board determined it is reasonably necessary to amend this rule to comply with the provisions of 37-1-134, MCA, which requires the board to set fees that provide adequate funding for board operations.  The board is also required to comply with 17-2-302 and 17-2-303, MCA, by not allowing the board's cash balance to exceed twice the annual appropriation amount.  The board is reducing renewal fees to gradually decrease the board's cash balance and meet the statutory requirements while ensuring adequate revenue to support board activities through the next biennium. The board estimates the fee reductions will affect approximately 1,841 renewing licensees and result in a $37,105 reduction in annual revenue.

 

            4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Board of Architects and Landscape Architects, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to dlibsdarc@mt.gov, and must be received no later than 5:00 p.m., July 23, 2021.

 

            5. An electronic copy of this notice of public hearing is available at www.architect.mt.gov (department and board's web site). Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.

 

            6. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. 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 that the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Board of Architects and Landscape Architects, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2305; e-mailed to dlibsdarc@mt.gov; or made by completing a request form at any rules hearing held by the agency.

 

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

 

            8. Regarding the requirements of 2-4-111, MCA, the board has determined that the amendment of ARM 24.114.401 will not significantly and directly impact small businesses.

            Documentation of the board's above-stated determination is available upon request to the Board of Architects and Landscape Architects, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2244; facsimile (406) 841-2305; or to dlibsdarc@mt.gov.

 

            9. Dan Ritter, Executive Officer, has been designated to preside over and conduct this hearing.

 

	BOARD OF ARCHITECTS AND LANDSCAPE ARCHITECTS DALE NELSON PRESIDENT
/s/ DARCEE L. MOE Darcee L. Moe Rule Reviewer	/s/ LAURIE ESAU Laurie Esau, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State June 15, 2021.