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| Montana Administrative Register Notice 2-21-440 | No. 11 06/10/2010 | |
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BEFORE THE DEPARTMENT OF ADMINISTRATION OF THE STATE OF
TO: All Concerned Persons 1. On July 8, 2010, at 2:30 p.m., the Department of Administration will hold a public hearing in Room 136 of the 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 July 1, 2010, to advise us of the nature of the accommodation needed. Please contact Marjorie Thomas, Department of Administration, 3. The department proposes to repeal the following rules: 2.21.3801 SHORT TITLE found at page 2-1131 of the Administrative Rules of Montana (ARM). AUTH: 2-18-102, MCA 2.21.3802 POLICY AND OBJECTIVES found at ARM page 2-1131. AUTH: 2-18-102, MCA 2.21.3803 DEFINITIONS found at ARM page 2-1131. AUTH: 2-18-102, MCA 2.21.3807 PERMANENT STATUS found at ARM page 2-1137. AUTH: 2-18-102, MCA 2.21.3808 PROBATIONARY PERIOD found at ARM page 2-1137. AUTH: 2-18-102, MCA 2.21.3809 EXTENSION OF PROBATIONARY PERIOD found at ARM page 2-1138. AUTH: 2-18-102, MCA 2.21.3810 DISCHARGE OF A PROBATIONARY EMPLOYEE found at ARM page 2-1138. AUTH: 2-18-102, MCA 2.21.3811 PROMOTED OR REASSIGNED EMPLOYEES found at ARM page 2-1138. AUTH: 2-18-102, MCA 2.21.3822 CLOSING found at ARM page 2-1145. AUTH: 2-18-102, MCA STATEMENT OF REASONABLE NECESSITY: The probation policy rules, which include all of the above-stated rules proposed to be repealed, concern only the internal management of state government because the policy affects state employees' probation and not private rights or procedures available to the public. The DOA has determined that the probation policy is consistent with the type of information not included within the definition of rules as defined in the Montana Administrative Procedure Act. According to the definition of "rule" in 2-4-102(11)(a) and (b), MCA, rules do not include "rules implementing the state personnel classification plan, the state wage and salary plan, or the statewide accounting, budgeting, and human resources system." This language was included in statute in 2003, and the State Human Resources Division has been removing its internal administrative policies from the Administrative Rules of Montana as part of its policy review process. Repealing these rules from ARM does not mean that the policy is no longer effective. Agencies are still bound to follow the policy. A revised probation policy for state employees will be included instead in the Montana Operations Manual (MOM), a document that addresses the internal management of state government. MOM policies may be found at http://hr.mt.gov/hrpp/policies.mcpx and employees may comment on the proposed probation policy found on http://hr.mt.gov/hrpp/policyproposals.mcpx. A notice of this policy review is also posted on the MINE web page, an internal site for state employees. Future proposed revisions will be posted on MINE as well. 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, 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 June 1, 2010.
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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.
