Montana Administrative Register Notice 38-2-209 No. 18   09/23/2010    
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In the matter of the adoption of NEW RULE I pertaining to motor carrier authority recognition







TO:  All Concerned Persons


            1.  On November 10 2010 at 10:00 a.m. the Department of Public Service Regulation will hold a public hearing in the Bollinger Room at 1701 Prospect Avenue Helena Montana to consider the proposed adoption of the above-stated rule.


2.  The department 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 Public Service Regulation no later than 4:00 p.m. on November 4 2010 to advise us of the nature of the accommodation that you need.  Please contact Verna Stewart Department of Public Service Regulation 1701 Prospect Avenue P.O. Box 202601 Helena Montana 59620-2601; telephone (406) 444-6170; fax (406) 444-7618; or e-mail vstewart@mt.gov.


3. The rule as proposed to be adopted provides as follows:


NEW RULE I  MOTOR CARRIER AUTHORITY RECOGNITION  (1)  Motor carriers granted authority to carry persons or passengers without limitation to the type of service are permitted to operate both as a rate regulated and charter passenger carrier.


AUTH: 69-12-201 MCA

IMP: 69-12-201 MCA


REASONABLE NECESSITY:  The department is proposing the adoption of new Rule I pertaining to motor carrier authority recognition to clarify the passenger authority previously granted by the department and currently held by motor carriers.  The department determines that it is necessary to clarify its current interpretation of motor carrier operating authorities in a manner consistent with its past policy. 


            4.  Concerned persons may submit their data views or arguments either orally or in writing at the hearing.  Written data views or arguments (original and ten copies) may also be submitted to: Verna Stewart Department of Public Service Regulation 1701 Prospect Avenue P.O. Box 202601 Helena Montana 59620-2601; telephone (406) 444-6170; fax (406) 444-7618; or e-mail vstewart@mt.gov and must be received no later than 4:00 p.m. November 10 2010.  Please reference Docket L-10.09.1-RUL in all submissions or e-mails.


5.  Commissioner Greg Jergeson Department of Public Service Regulation or another Commissioner will preside over and conduct this hearing.


6.  The Montana Consumer Counsel 616 Helena Avenue P.O. Box 201703

Helena Montana 59620-1703 telephone (406) 444-2771 is available and may be

contacted to represent consumer interests in this matter.


7.  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 list shall make a written request that includes the name e-mail and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  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.


8.  An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State 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 in the event of a discrepancy 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 Secretary of State 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.


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




/s/  Al Brogan                                                 /s/  Greg Jergeson

Al Brogan                                                       Greg Jergeson, Chairman

Rule Reviewer                                               Department of Public Service Regulation


Certified to the Secretary of State September 13 2010.



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