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Montana Administrative Register Notice 8-99-85 No. 19   10/14/2010    
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BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 8.99.901, 8.99.904, 8.99.908, and 8.99.912 pertaining to the award of grants and loans under the Big Sky Economic Development Program

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On November 4, 2010, at 9:30 a.m., the Department of Commerce will hold a public hearing in Room 228 of the Park Avenue Building, 301 South Park Avenue, at Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

2.  The Department of Commerce 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 Commerce no later than 5:00 p.m., on October 27, 2010, to advise us of the nature of the accommodation that you need.  Please contact Alyssa Townsend-Hudders, Business Resources Division, Department of Commerce, 301 South Park Avenue, P.O. Box 200505, Helena, Montana, 59620-0505; telephone (406) 841-2792; fax (406) 841-2731; TDD (406) 841-2702; or e-mail ath@mt.gov.

 

3.  The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            8.99.901  DEFINITIONS  (1) through (9) remain the same.

            (10)  "Eligible economic development organization" means an economic development organization that is located in a county that is not part of a certified regional development corporation region, and which meets the eligibility requirements established by the department and published by it in the Big Sky Economic Development Trust Fund Application Guidelines dated 2010 2011.

            (11) through (18) remain the same.

 

AUTH:  90-1-201, MCA

IMP:  90-1-201, MCA

 

8.99.904  INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS  (1)  The department adopts and incorporates by reference the Big Sky Economic Development Trust Fund Application Guidelines dated 2010 2011 as rules governing the submission and review of applications under the program.  A copy of the guidelines may be obtained from the Department of Commerce, P.O. Box 200505, Helena, MT 59620-0505.

(2) remains the same.

           

AUTH:  90-1-204, MCA

IMP:  90-1-204, MCA

 

8.99.908  MAXIMUM AWARD AMOUNT  (1) through (3) remain the same.

(4)  Maximum award amounts to certified regional development corporations, tribal governments, and other eligible economic development organizations shall be established and published by the department in the Big Sky Economic Development Trust Fund Application Guidelines dated 2009 2010.

 

AUTH:  90-1-204, MCA

IMP:  90-1-204, MCA

 

8.99.912  ELIGIBLE BUSINESS  (1)  Basic sector businesses and other businesses identified by the department in the Big Sky Economic Development Trust Fund Application Guidelines dated 2010 2011 are eligible for financial assistance from funds that are awarded to local governments and tribal governments under this program.

 

AUTH:  90-1-204, MCA

IMP:  90-1-204, MCA

 

REASON:  17-5-703 and 90-1-201, MCA, et seq. created the Big Sky Economic Development Fund and assigned the administration of the fund to the Department of Commerce.  The department is proposing these amendments to reflect the updated 2011 Guidelines.  The Legislature mandated that the department adopt rules to implement the Big Sky Economic Development Program in 90-1-204, MCA.

 

            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:  Angela Nelson, Business Resources Division, Department of Commerce, 301 South Park Avenue, P.O. Box 200505, Helena, Montana 59620-0505; telephone (406) 841-2792; fax (406) 841-2731; or e-mail anelson@mt.gov, and must be received no later than 5:00 p.m., November 12, 2010.

 

5.  Ty Jones, Legal Counsel, Department of Commerce, 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 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 Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59602-0501, by fax to (406) 841-2701, by e-mail to lgregg@mt.gov, 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 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.

 

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

 

 

 

/s/  G. MARTIN TUTTLE                               /s/  DORE SCHWINDEN    

G. MARTIN TUTTLE                                     DORE SCHWINDEN

Rule Reviewer                                               Director

                                                                        Department of Commerce

           

Certified to the Secretary of State October 4, 2010.

 

 

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