BEFORE THE DEPARTMENT OF COMMERCE

 OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 8.97.801, 8.97.802, 8.97.803, 8.97.804, 8.97.805, 8.97.806, 8.97.807, 8.97.808, and 8.97.809 relating to Montana Capital Companies

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NOTICE OF PROPOSED REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

TO:  All Concerned Persons

 

            1.  On June 8, 2013 the Department of Commerce proposes to repeal 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 May 1, 2013, to advise us of the nature of the accommodation that you need.  Please contact Bonnie Martello, Paralegal, Director's Office, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; TDD (406) 841-2702; or e-mail bmartello@mt.gov.

 

3.  The department proposes to repeal the following rules:

 

8.97.801  PURPOSE

 

AUTH:  90-8-105, MCA

IMP:  90-8-103, MCA

 

8.97.802  DEFINITIONS

 

AUTH:  90-8-105, MCA

IMP:  90-8-101, 90-8-104, 90-8-201, 90-8-202, MCA

 

8.97.803  APPLICATION PROCEDURE TO BECOME A "CERTIFIED" MONTANA CAPITAL COMPANY

 

AUTH:  90-8-105, MCA

IMP:    90-8-202, 90-8-204, MCA

 

8.97.804  APPLICATION PROCEDURE TO BECOME A "QUALIFIED" MONTANA CAPITAL COMPANY

 

AUTH:  90-8-105, MCA

IMP:    90-8-201, 90-8-202, 90-8-204, MCA

 

8.97.805  COMPLETED APPLICATIONS DATE

 

AUTH:  90-8-105, MCA

IMP:    90-8-201, 90-8-202, 90-8-204, MCA

 

8.97.806  AMENDMENT OF APPLICATION

 

AUTH:  90-8-105, MCA

IMP:    90-8-201, 90-8-202, 90-8-204, MCA

 

8.97.807  ALLOCATION OF TAX CREDITS

 

AUTH:  90-8-705, MCA

IMP:    90-8-202, MCA

 

8.97.808  QUARTERLY REPORTING OF QUALIFIED INVESTMENTS

 

AUTH:  90-8-105, MCA

IMP:    90-8-104, 90-8-312, MCA

 

8.97.809  RESERVATION OF TAX CREDITS

 

AUTH:  90-8-105, MCA

IMP:    90-8-104, 90-8-202, MCA

           

REASON: The Department of Commerce and Board of Investments have determined there is reasonable necessity to repeal ARM 8.97.801 through 8.97.809 because Section 7, Ch. 9, L. 2011 (House Bill 0044) repealed the Montana Capital Company Act.  These rules are no longer necessary and have no effect.

           

4.  Concerned persons may submit their data, views, or arguments in writing to: Bonnie Martello, Director's Office, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; or e-mail bmartello@mt.gov, and must be received no later than 5:00 p.m., June 6, 2013.

 

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 Bonnie Martello at the above address no later than 5:00 p.m., June 6, 2013.

 

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. 

 

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/ Meg O'Leary                                

G. Martin Tuttle                                             Meg O'Leary

Rule Reviewer                                              Director

                                                                       Department of Commerce

           

Certified to the Secretary of State April 26, 2013.