Montana Administrative Register Notice 23-12-241 No. 10   05/28/2015    
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In the matter of the amendment of ARM 23.12.407 concerning house number height for day care centers  








          TO: All Concerned Persons


1.  On July 17, 2015, the Department of Justice proposes to amend the above-stated rule.


2. The department 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 the department no later than 5:00 p.m. on June 17, 2015, to advise us of the nature of the accommodation that you need. Please contact Jaime Burkhalter, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail jburkhalter@mt.gov.


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


          23.12.407 CERTIFICATE OF APPROVAL FOR DAY CARE CENTERS FOR 13 OR MORE CHILDREN (1) through (5)(j) remain the same.

          (k) House numbers, no less than 6 4 inches in height, shall be placed in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background.

          (l) remains the same. 

          (6) through (8) remain the same.


          AUTH: 50-3-102, 52-2-734, mca

          IMP:  50-3-102, 52-2-733, 52-2-734, MCA


RATIONALE AND JUSTIFICATION: The department has adopted the IFC. The IFC requires house numbers to be no less than 4 inches in height.  Many rural areas in Montana use signs that would comply with the IFC, but that would not comply with the current rule.  This amendment removes the potential confusion resulting from the two standards and promotes statewide consistency and uniform enforcement. 


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Matt Cochenour, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail mcochenour2@mt.gov, and must be received no later than 5:00 p.m. on June 25, 2015.


          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 they have to Matt Cochenour at the above address no later than June 25, 2015.


          6. If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons who are 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. The number of persons affected is at least 25.


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. A copy of the interested persons request form may be printed from the Department of Justice's web site at http://doj.mt.gov/agooffice/administrative-rules, and mailed to the rule reviewer. 


          8. An electronic copy of this notice is available through the Department of Justice web site at http://doj.mt.gov/agooffice/administrative-rules. The department 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 department strives 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, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.


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 rule will not significantly and directly impact small businesses.


/s/ Matthew T. Cochenour                     /s/ Tim Fox                      ­­

Matthew T. Cochenour                          Tim Fox

Rule Reviewer                                       Attorney General

                                                             Department of Justice


Certified to the Secretary of State May 18, 2015.

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