BEFORE THE DEPARTMENT OF LIVESTOCK
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 32.2.405 and 32.18.110 pertaining to department of livestock miscellaneous fees and recording and transferring of brands
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On September 22, 2014, the Department of Livestock proposes to amend the above-stated rules.
2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on September 10, 2014, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-1929; e-mail: email@example.com.
3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
32.2.405 DEPARTMENT OF LIVESTOCK MISCELLANEOUS FEES
(1) through (2)(o) remain the same.
(p) Recording or transfer of a new mark or brand
, recording a mark or brand
(i) new mark or brand (livestock or ornamental) $200.00
(ii) transfer of new mark or brand (livestock or ornamental) $200.00
(iii) seasonal mark or brand for going to grass $200.00
(iv) seasonal mark or brand for going to feedlot, market, or location $50.00
(i) (q) Rerecording a mark or brand (livestock or ornamental) $100.00
(q) through (s) remain the same but are renumbered (r) through (t).
IMP: 81-3-107, 81-3-205, 81-3-211, 81-8-304, 81-9-
112 113, MCA
32.18.110 RECORDING AND TRANSFERRING OF BRANDS (1) remains the same.
(a) Except for seasonal market, feedlot, or location brands which will be issued by department district or state inspectors only.
(2) New brands:
(a) livestock and ornamental:
Aapplication forms for new brands are available on the department web site, at the brand office in Helena, and at brand offices located in livestock auction yards.
(a) remains the same but is renumbered (a)(ii).
(3) The refund policy is:
(a) fifty percent of the fee to record or transfer a brand is nonrefundable;
(b) if the applicant fails to respond to the brand recording office for a period of more than six months, the entire brand recording fee becomes nonrefundable.
(4) (b) The brand recorder shall process the livestock and ornamental applications in the following manner:
(a) through (c)(ii) remain the same but are renumbered (b)(i) through (b)(v).
(vi) The refund policy applies to livestock, ornamental, and seasonal brands for going to grass:
(A) fifty percent of the fee to record or transfer a brand is nonrefundable;
(B) if the applicant fails to respond to the brand recording office for a period of more than six months, the entire brand recording fee becomes nonrefundable.
(3) Seasonal brands for going to grass:
(a) applications are available only at the Helena brand office; and
(b) will be processed by the brand recorder in the same manner as new mark or brand applications.
(4) Seasonal brand for a feedlot, market, or location (allowing other state brand to be applied in Montana):
(a) will be issued only by a district or state inspector and only if the following conditions are met:
(i) the owner of the out-of-state brand shall provide proof of current brand ownership;
(ii) the application will be completed and, if a seasonal brand is issued, it will be valid for 36 hours;
(iii) the livestock that are on the application will be worked off the Montana brand/Montana inspections and be destined only to the state listed on the seasonal brand application;
(iv) the seasonal brand will be noted on the movement inspection only and will have no ownership value; and
(v) the owner will be totally responsible to ensure the livestock leave the state of Montana within the 36 hours;
(b) should any livestock be found within the state of Montana without proper paperwork from the brand state it will be considered a violation of this provision, and
(i) will result in a penalty equal to the cost to investigate the matter, and
(ii) may result in no other seasonal feedlot brand applications being issued to the offender.
(5) through (8) remain the same.
AUTH: 81-1-102, 81-3-
104 103, 81-3-106, MCA
IMP: 81-1-102, 81-3-107, MCA
Reason: The department proposes to amend the above-stated rules to add seasonal brands and fees at the request of producers to allow the application of another state's brand in Montana on cattle for seasonal grazing, or movement to feedlot or market under prescribed circumstances. The new fee added for seasonal brands must, by statute, be set at levels commensurate with the costs of research and issue of the seasonal brand, or inspection prior to issue of the seasonal feedlot or market brand.
The new seasonal fee charged by the department brand enforcement division will potentially affect approximately 25 producers who may apply for seasonal brands. The cumulative amount of the fee increase will be approximately $5,000, based on this number of producers.
4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to MDOLcomments@mt.gov, and must be received no later than 5:00 p.m., September 22, 2014.
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 a written request for a hearing and submit this request along with any written comments to the same address as above. The written request for hearing must be received no later than 5:00 p.m., September 22, 2014.
6. If the department 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 public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be more than 3, based upon the estimate that 25 producers may apply for a seasonal brand.
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 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.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.
DEPARTMENT OF LIVESTOCK
BY: /s/ Christian Mackay BY: /s/ Robert Stutz
Christian Mackay Robert Stutz
Executive Officer Rule Reviewer
Board of Livestock
Department of Livestock
Certified to the Secretary of State, August 11, 2014