BEFORE THE DEPARTMENT OF AGRICULTURE
OF THE STATE OF MONTANA
In the matter of the adoption of New Rules I through V relating to the State Sampling Program
NOTICE OF ADOPTION
TO: All Concerned Persons
1. On May 10, 2012, the Department of Agriculture published MAR Notice No. 4-14-206 pertaining to the public hearing on the proposed adoption of the above-stated rules at page 935 of the 2012 Montana Administrative Register, Issue Number 9.
2. 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: That every sampling request include a statement that it meets the minimum standards of claimant.
RESPONSE #1: This is a redundant statement and creates unneeded paperwork as all requests must be made following a protocol approved by the department and the claimant.
COMMENT #2: A rule stating a claimant or their agent must be allowed to sample if the department cannot for any reason do the sample.
RESPONSE #2: This is outside the scope of the law and cannot be set in rule.
COMMENT #3: That a claimant has to agree to all changes to a protocol not just a requester.
RESPONSE #3: This is not necessary as the department ties each protocol to its creator. In the rare event that the requester and the claimant are not the same as to a protocol or in the event of a different party wanting to use a modified established protocol, the department would view these as different protocols and if necessary double sample to two different protocols.
3. The department has adopted the following rules as proposed: New Rule I (4.12.1808), II (4.12.1809), III (4.12.1810), IV (4.12.1811), V (4.12.1812).
DEPARTMENT OF AGRICULTURE
/s/ Ron de Yong /s/ Cort Jensen
Ron de Yong, Director Cort Jensen, Rule Reviewer
Certified to the Secretary of State, June 11, 2012.