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| Montana Administrative Register Notice 2-12-623 | No. 7 04/15/2022 | |
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BEFORE THE DEPARTMENT OF ADMINISTRATION OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On May 28, 2022, the Department of Administration proposes to amend and repeal the above-stated rules.
2. The Department of Administration 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 Administration no later than 5:00 p.m. on April 27, 2022, to advise us of the nature of the accommodation that you need. Please contact Don Harris, State Information Technology Services Division, P.O. Box 200113, Helena, Montana 59620-0113; telephone (406) 444-3310; Montana Relay Service 711; facsimile (406) 444-2701; or e-mail to don.harris@mt.gov.
3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
2.12.204 REVIEW AND APPROVAL PROCESS FOR PROCUREMENT, DEVELOPMENT, AND OVERSIGHT OF INFORMATION TECHNOLOGY RESOURCES AND SOFTWARE AND MANAGEMENT SYSTEMS (1) through (4)(a) remain the same. (b) The state chief information officer (CIO) or their designee shall review and approve all formal agreements. (5) through (6) remain the same. (7) The state agency director may appeal the department decision in regard to procurements to the CIO. If unsatisfied with the CIO's decision, the state agency director may appeal the department decision to the department director who will resolve the issue. (8) The CIO will report all appeals and their resolution to the Information Technology Board.
AUTH: 2-17-518, MCA
GENERAL STATEMENT OF REASONABLE NECESSITY: The department proposes to amend and repeal the rules in this notice in an effort to cut red tape and streamline regulation for state government agencies as part of Governor Gianforte's Red Tape Relief Initiative described in Executive Order Nos. 1-2021 and 17-2021. The department is proposing to repeal ARM 2.12.207 but found it necessary to retain the rules pertaining to the appeals process for procurements and exception requests. The verbiage from ARM 2.12.207(2) and (3) has been incorporated into ARM 2.12.204 and 2.12.205 respectively. In addition, the department proposes to update citations to more accurately describe the statutes implemented.
2.12.205 GRANTING EXCEPTIONS (1) State agencies may make a written request for an exception from a rule, policy, standard or procedure in writing to the state chief information officer (CIO). The request must: (a) through (3) remain the same. (4) The state agency director may appeal the department decision in regard to exception requests to the CIO. If unsatisfied with the CIO's decision, the state agency director may appeal the department decision to the department director who will resolve the issue. (5) The CIO will report all appeals and their resolution to the Information Technology Board.
AUTH: 2-17-518, MCA
4. The department proposes to repeal the following rules:
2.12.101 UTILIZATION OF CENTRALIZED STATE FACILITIES
AUTH: 2-17-512, 2-17-518, 2-17-1103, MCA
GENERAL STATEMENT OF REASONABLE NECESSITY: The department proposes to repeal:
The rules proposed for repeal unnecessarily duplicate statute or pertain only to the internal operations of government. Repealing these rules allows the department to address such matters in policy, which enables the state to be more nimble in addressing rapidly changing conditions in information technology. The substance of ARM 2.12.101, 2.12.202, 2.12.203, and 2.12.206 will be incorporated into the MOM, which contains policies, procedures, and standards applicable to the internal operations for Montana state government.
2.12.201 INTRODUCTION
AUTH: 2-17-518, MCA IMP: 2-17-518, MCA
STATEMENT OF REASONABLE NECESSITY: The department proposes to repeal this rule as it pertains to the rules of ARM Title 2, chapter 12, subchapter 2, in which four of the six rules are proposed to be repealed in this notice. The two remaining rules, ARM 2.12.204 and 2.12.205, speak for themselves and require no introduction.
2.12.202 DEFINITIONS
AUTH: 2-17-518, MCA IMP: 2-17-506, MCA
2.12.203 AGENCY INFORMATION TECHNOLOGY PLANS
AUTH: 2-17-518, MCA IMP: 2-17-524, MCA
2.12.206 ESTABLISHING POLICIES, STANDARDS, PROCEDURES, AND GUIDELINES
AUTH: 2-17-518, MCA IMP: 2-17-512, MCA
2.12.207 APPEAL PROCESS AS IT APPLIES TO INFORMATION TECHNOLOGY PLANS, PROCUREMENTS, AND GRANTING EXCEPTIONS
AUTH: 2-17-518, MCA IMP: 2-17-515, 2-17-518, 2-17-524, MCA
5. Concerned persons may present their data, views, or arguments concerning the proposed action to Don Harris, Legal Counsel, State Information Technology Services Division, P.O. Box 200113, Helena, Montana 59620-0113; faxed to the office at (406) 444-2701; or e-mailed to don.harris@mt.gov. Comments must be received no later than 5:00 p.m., May 13, 2022.
6. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the person listed in 5 above no later than 5:00 p.m., April 27, 2022.
7. If the State Information Technology Services Division receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be greater than 25 based on the number of state agencies in Montana.
8. An electronic copy of this proposal notice is available through the department's website at doa.mt.gov/administrative rules. The department strives to make its online version of the notice conform to the official published version but advises all concerned persons that if a discrepancy exists between the official version and the department's online version, only the official text will be considered. In addition, although the department works to keep its website accessible at all times, concerned persons should be aware that the website may be unavailable during some periods, due to system maintenance or technical problems.
9. The State Information Technology Services Division maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this division. Persons who wish to have their name added to the mailing list shall make a written request that includes the name, mailing address, and e-mail address of the person to receive notices and specifies that the person wishes to receive notices regarding division rulemaking actions. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written requests may be mailed or delivered to Don Harris, Legal Counsel, State Information Technology Services Division, P.O. Box 200113, Helena, Montana 59620-0113; faxed to the office at (406) 444-2701; or e-mailed to don.harris@mt.gov; or may be made by completing a request form at any rules hearing held by the department.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
11. The department has determined that under 2-4-111, MCA, the proposed amendment and repeal of the above-stated rules will not significantly and directly impact small businesses.
By: /s/ Misty Ann Giles By: /s/ Don Harris Misty Ann Giles, Director Don Harris, Rule Reviewer Department of Administration Department of Administration
Certified to the Secretary of State April 5, 2022.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
