Montana Administrative Register Notice 4-14-228 No. 19   10/15/2015    
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In the matter of the adoption of New Rule I and the amendment of ARM 4.9.301 pertaining to wheat and barley committee grants








TO: All Concerned Persons


          1. On November 4, 2015, at 1:00 p.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, at Helena, Montana, to consider the proposed adoption and amendment of the above-stated rules.


2. The Department of Agriculture 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 of Agriculture no later than 5:00 p.m. on October 29, 2015, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail cojensen@mt.gov.


3. The rule as proposed to be adopted provides as follows:


NEW RULE I PROHIBITION ON INDIRECT PAYMENTS (1) In order to make sure funds are not used for prohibited purposes, indirect costs are not generally allowed as part of a grant.  If the committee chooses to make an exception to the rule, a unanimous vote is required and the percentage of indirect costs cannot be more than 5 percent.


AUTH: 80-11-205, MCA

IMP: 80-11-202, 80-11-205, MCA


REASON: While not awarding indirect costs has been a long standing pattern of the board, federal agencies have requested that this be in rule to make clear the prohibition.


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


          4.9.301 APPLICATION FOR GRANTS (1)  Grant applications for project funding shall be filed with the committee before the second regular meeting of the committee held each calendar year. Filing requirements will be satisfied by receipt of one original application at the office of the committee on a date set by the committee must be received by the deadline set by the committee. The committee will set at least one grant deadline per year. Consideration of a late grant application may occur if the committee agrees by unanimous vote.


AUTH: 80-11-205, MCA

IMP: 80-11-202, 80-11-205, MCA


REASON: Due to the volume of grant requests received, the Montana Wheat and Barley Committee determined more than one grant application period may be necessary. This rule change allows for this possibility. It will also create a uniform method to handle late applications.


          5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Cort Jensen, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail cojensen@mt.gov, and must be received no later than 5:00 p.m., November 12, 2015.


6. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct this hearing.


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 5 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 the 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 adoption and amendment of the above-referenced rules will not significantly and directly impact small businesses.




/s/ Cort Jensen                                    /s/ Ron de Yong                        

Cort Jensen                                         Ron de Yong

Rule Reviewer                                      Director

                                                            Department of Agriculture


Certified to the Secretary of State October 5, 2015.



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