Montana Administrative Register Notice 8-99-101 No. 6   03/22/2012    
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In the matter of the amendment of ARM 8.99.303 pertaining to the Certified Regional Development Corporations Program










TO:  All Concerned Persons


            1.  On April 21, 2012, the Department of Commerce proposes to amend the above-stated rule.


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 April 16, 2012, to advise us of the nature of the accommodation that you need.  Please contact Janice Wannebo, Business Resources Division, Department of Commerce, 301 South Park Avenue, P.O. Box 200505, Helena, Montana 59620-0505; telephone (406) 841-2751; fax (406) 841-2731; TDD (406) 841-2702; or e-mail jwannebo@mt.gov.


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


8.99.303  ASSISTANCE GRANTS – DISTRIBUTION (1) and (1)(a) remain the same.

            (b)  $65,000 the remainder divided among the CRDCs according to the following formula:

      (b)(i) through (c) remain the same.


AUTH:  90-1-116, MCA

IMP:  90-1-116, MCA


REASON:  This change is necessary because it is possible to have fewer than the maximum number of twelve CRDCs allowed under current statute. In that event, funds statutorily appropriated to the CRDCs will remain undisbursed due to the "$65,000.00" amount set forth in (1)(b). The proposed change allows the existing statutory appropriation to be fully obligated when there are less than twelve CRDCs in operation, and ensures that all funding (e.g. "the remainder") is distributed equally according to the formula in (1)(b). Failure to make this change will result in a balance of unobligated funds when less than twelve CRDCs are in existence.


4.  Concerned persons may submit their data, views, or arguments in writing to: Janice Wannebo, Department of Commerce, Business Resources Division, 301 South Park Avenue, P.O. Box 200505, Helena, Montana 59620-0505; telephone (406) 841-2751; fax (406) 841-2731; or e-mail jwannabo@mt.gov, and must be received no later than 5:00 p.m., April 19, 2012.


5.  If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Janice Wannebo at the above address no later than 5:00 p.m., April 19, 2012.


6.  If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date.  Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 5 persons based on the number of CRDCs at the time of this notice of proposed amendment.


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 section 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 this 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/ G. Martin Tuttle                                        /s/ Dore Schwinden                        

G. Martin Tuttle                                            DORE SCHWINDEN

Rule Reviewer                                             Director

                                                                      Department of Commerce


Certified to the Secretary of State March 12, 2012.


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