BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.8.101 and 32.8.202 pertaining to grade A pasteurized milk and time from processing that fluid milk may be sold for public consumption

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AMENDED NOTICE OF PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

1.  On November 12, 2009, the Department of Livestock published MAR Notice No. 32-9-200 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 2095 of the 2009 Montana Administrative Register, Issue Number 21.

 

2.  The Department of Livestock 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 Department of Livestock no later than 5:00 p.m. on May 28, 2010, to advise us of the nature of the accommodation that you need.  Please contact Steve Merritt, Public Information Officer, Department of Livestock, 301 N. Roberts St., Room 235, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9431; TTD number: 1 (800) 253-4091; fax: (406) 444-2877; e-mail: smerritt@mt.gov.

 

3.  This amended notice is necessary because the formal evidentiary hearing process has not been completed.  The original Notice No. 32-9-200 stated the department would use a combined two-part hearing under the requirements of Mont. Code Ann. § 2-4-302 and 315, and the notice announced the dates and times of the hearings.  The first part of the combined hearing allowed for submission of evidence by designated parties in a formal setting, presided over by a hearings examiner, and governed by rules of evidence.  The second part of the combined hearing, presided over by the board, presented an opportunity for members of the public to appear and present testimony regarding the proposed amendments as found in the petition submitted by Core-Mark.  The second part has been completed.  The first part has not been completed.  After the first part has been completed, which includes the presentation of written finding of fact and conclusions of law, and legal briefing by the designated parties, the hearing examiner will be presenting to the board, a proposed decision based on the testimony and evidence received at that first part of the hearing.   As noted in the original published notice on November 12, 2009, MAR Notice No. 32-9-200 at page 2095 of the 2009 Montana Administrative Register, Issue Number 21, the Board of Livestock will consider equally all testimony and comment received in both parts of the hearing, and the official record will contain all testimony and comment received in both parts of the hearing.

 

            4.  The rules as proposed to be amended remain the same.  The reasons for the proposed amendment remain the same as published in November 12, 2009, MAR Notice No. 32-9-200 at page 2095 of the 2009 Montana Administrative Register, Issue Number 21.

 

5.  The public comment period has expired.

 

/s/  George H. Harris                        /s/  Christian Mackay                                  

George H. Harris                               Christian Mackay

Rule Reviewer                                   Executive Officer

                                                            Montana Department of Livestock

           

Certified to the Secretary of State April 19, 2010.