BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                     OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 24.2.101, the adoption of New Rules I through III, and the repeal of ARM 24.2.105, 24.11.905, 24.11.906, and 24.29.201 pertaining to public participation and model rules

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NOTICE OF AMENDMENT, ADOPTION, AND REPEAL

 

            TO: All Concerned Persons

 

            1. On April 29, 2022, the Department of Labor and Industry (department) published MAR Notice No. 24-2-390 pertaining to the public hearing on the proposed amendment, adoption, and repeal of the above-stated rules at page 557 of the 2022 Montana Administrative Register, Issue Number 8.

 

            2. The department held a public hearing in Helena on May 25, 2022, over the Zoom videoconference and telephonic platform at which no members of the public commented. Written comments were received during the public comment period.

 

            3. The department has thoroughly considered the comments made. A summary of the comments and the department's responses are as follows:

 

COMMENT #1: A commenter suggested the public participation rules are futile and that rules should be shortened at a ratio of four to one.

 

RESPONSE #1: The department acknowledges the comment that participation rules are futile, but respectfully disagrees.  The department is dedicated to public participation in its processes to the extent feasible.  The adoption of these new rules will ensure standardization of considerations for public participation and protect the public's right to know and participate.  With respect to the notion of shortening rules, the department is engaged in Red Tape Relief efforts geared toward clarifying, simplifying, and, where possible, shortening the administrative rules of Montana.  Nonetheless, the comment is outside the scope of the present rulemaking.

 

COMMENT #2: A commenter suggested that the proposal is problematic because it does not require public comment on all agenda items, instead only requiring comment on items not on the agenda.

 

RESPONSE #2: The comment is noted, but the department respectfully disagrees.  Initially, the rules do not limit public comment to items not on the agenda.  Instead, the rules as proposed establish a framework for consideration as to when public comment should be received for items on an agenda—including whether the issue is controversial, the number of individuals affected, the fiscal impact, or whether the public has expressed an interest.  The department understands public participation is essential to its processes and looks forward to continuing to receive comments regarding matters of interest to the public.

 

            4. The department has amended ARM 24.2.101 as proposed.

 

            5. The department has adopted New Rule I (24.2.301), New Rule II (24.2.305), and New Rule III (24.2.309) as proposed.

 

            6. The department has repealed ARM 24.2.105, 24.11.905, 24.11.906, and 24.29.201 as proposed.

 

 

/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 31, 2022.