BEFORE THE Department of transportation

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I and II pertaining to fuel tax refund for agricultural uses

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NOTICE OF ADOPTION

 

TO:  All Concerned Persons

 

1.  On February 23, 2012 the Department of Transportation published MAR Notice No. 18-133 pertaining to the proposed adoption of the above-stated rules at page 330 of the 2012 Montana Administrative Register, Issue Number 4.

 

2.  The department has adopted the above-stated rules as proposed: New Rule I (18.9.325), II (18.9.326).

 

3.  The department has thoroughly considered the comments and testimony received.  A summary of the comments received and the department's responses are as follows:

 

COMMENT #1:  Two comments were received stating New Rule II's requirement that applicants provide various state and federal tax forms, schedules, and statements may subject applicants to identity theft.  The comments stated MDT employees should not have access to the information on the tax forms.  The comments stated the rule's requirement for provision of the forms will allow more invasion of privacy by the state.

 

RESPONSE #1:  New Rule II's requirement for specific state and tax information will not put applicants at higher risk for identity theft since it is the same information already being received and the rule is only clarifying the specific lines of information that are used.  MDT has a strict security policy and this information will be available to a limited number of authorized MDT tax division employees who have a need to access the information to determine eligibility for refunds, with penalties for any unauthorized use of the private or confidential information.

 

COMMENT #2:  Two comments were received stating New Rule II's requirement that applicants provide various state and federal tax forms, schedules, and statements will require more state employees, and create "bigger government."

 

RESPONSE #2:  New Rule II's requirement for the applicants to provide various state and federal tax forms will not require more state employees since MDT is already receiving these tax forms to determine eligibility for refunds.  This rule will clarify the information that is required and used which will increase the efficiency of finding the information on the forms thus saving employee time.

 

 

 

/s/ Carol Grell Morris                                     /s/ Timothy W. Reardon                   

Carol Grell Morris                                          Timothy W. Reardon

Rule Reviewer                                               Director

                                                                        Department of Transportation

 

           

Certified to the Secretary of State April 16, 2012.