Montana Administrative Register Notice 2-21-417 No. 3   02/11/2010    
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In the matter of the repeal of ARM 2.21.5005, 2.21.5006, 2.21.5007, 2.21.5008, and 2.21.5011 pertaining to reduction in work force







TO:  All Concerned Persons


1.  On March 11, 2010, at 11:30 a.m., the Department of Administration will hold a public hearing in Room 136 of the Mitchell Building, at 125 N. Roberts, Helena, Montana, to consider the proposed repeal of 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 March 1, 2010, to advise us of the nature of the accommodation needed.  Please contact Marjorie Thomas, Department of Administration, P.O. Box 200127, 125 N. Roberts, Helena, Montana 59620; telephone (406) 444-3982; fax (406) 444-0703; Montana Relay Service/TDD 711; or e-mail mthomas2@mt.gov.


3.  The department proposes to repeal the following rules:


2.21.5005  SHORT TITLE found at page 2-1275 of the Administrative Rules of Montana (ARM).


AUTH:  2-18-102, MCA

IMP:  2-18-102, MCA


2.21.5006  DEFINITIONS found at ARM page 2-1275.


AUTH:  2-18-102, MCA

IMP:  2-18-102, MCA


2.21.5007  POLICY found at ARM page 2-1276.


AUTH:  2-18-102, MCA

IMP:  2-18-102, 2-18-1201, MCA


2.21.5008  VETERAN'S PREFERENCE IN RETENTION found at ARM page 2‑1279.


AUTH:  2-18-102, 39-29-112, MCA

IMP:  39-29-111, MCA


2.21.5011  CLOSING found at ARM page 2-1279.


AUTH:  2-18-102, MCA

IMP:  2-18-102, MCA


STATEMENT OF REASONABLE NECESSITY:  The rules proposed to be repealed concern only the internal management of state government and do not affect the public.  Therefore, the rules are not appropriately included in ARM, according to the definition of "rule" in 2-4-102(11)(b)(i), MCA.  A revised "Implementing a Reduction in Force" policy for state employees will be included instead in the Montana Operations Manual, a document that addresses the internal management of state government.


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 Marjorie Thomas, Department of Administration, P.O. Box 200127, 125 N. Roberts, Helena, Montana 59620; telephone (406) 444-3982; fax (406) 444-0703; or e-mail mthomas2@mt.gov, and must be received no later than 5:00 p.m., March 22, 2010.


5.  Marjorie Thomas, an attorney with the Department of Administration, 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 mailing list shall make a written request which includes the name and mailing address or e-mail address of the person to receive notices and specifies that the person wishes to receive notices regarding State Human Resources Division rulemaking actions.  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 4 above or may be made by completing a request form at any rules hearing held by the department.


7.  An electronic copy of this proposal notice is available through the department's web site at http://doa.mt.gov/administrativerules.mcpx.  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 if a discrepancy exists 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 works 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.


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




By:   /s/ Janet R. Kelly                                         By:    /s/ Michael P. Manion                

         Janet R. Kelly, Director                                       Michael P. Manion, Rule Reviewer

         Department of Administration                            Department of Administration



Certified to the Secretary of State February 1, 2010.


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