Montana Administrative Register Notice 42-2-954 No. 15   08/05/2016    
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In the matter of the amendment of ARM 42.2.705 pertaining to alternative business office hours in qualified county offices






TO: All Concerned Persons


1. On the following dates, at the time and location listed, the Department of Revenue will hold public hearings to consider the proposed amendment of the above-stated rule:

August 29, 2016, at 11 a.m., in the Carter County Courthouse, located at 214 Park Street, Ekalaka, Montana; and

August 30, 2016, at 10 a.m., in the Wheatland County Courthouse, located at 201 A Avenue, NW, Harlowton, Montana.


2. The Department of Revenue will make reasonable accommodations for persons with disabilities who wish to participate in these public hearings or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5 p.m. on August 15, 2016, to advise us of the nature of the accommodation you need. Please contact Laurie Logan, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or e-mail lalogan@mt.gov.


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



(1) and (2) remain the same.

(3) Counties that meet the conditions provided for in statute are listed below, along with their established alternative business office hours:

(a) and (b) remain the same.

(c) Carter County business office hours 8 a.m. to 5 p.m. Monday through and Wednesday;

(d) through (f) remain the same.

(g) Granite County business office hours 8 a.m. to 5 p.m. Monday, Tuesday, and Thursday;

(h) through (q) remain the same, but are renumbered (g) through (p).

(r)(q) Wheatland County business office hours 8 a.m. to 5 p.m. Monday, Tuesday, and Friday through Wednesday.

(4) remains the same.


AUTH: 2-16-117, 15-1-201, MCA

IMP: 2-16-117, MCA


REASON: The department proposes amending ARM 42.2.705 to correct an error in the hours listed for Carter County; to change the business office hours in Wheatland County; and to remove Granite County from the rule. Details are as follows.

The department proposes amending (3)(c) to align the hours published in the rule with the actual hours of operation in the Carter County business office as established in 2013. The business office hours are listed in the rule as Monday through Wednesday, but should be listed as Monday and Wednesday. This language error occurred when the rule was adopted in 2013, but was not realized until recently. The department is holding a public hearing in the county seat to consider the proposed change in this rule language.

The department proposes changing the established business office days in Wheatland County, in newly numbered (3)(q), from Monday, Tuesday, and Friday to Monday, Tuesday, and Wednesday. The number of in-office days is not being reduced. Rather, by changing the third business office day in Wheatland County from Friday to Wednesday, but leaving the third business office day in nearby Golden Valley County on Friday, the staff in these two neighboring counties will be better able to provide crossover phone coverage on the days when the other county office is closed. The proposed change will provide for better phone coverage in both offices without compromising the ability of the staff from the two counties to continue to coordinate their field work together on Thursdays, the established weekly field day, for efficiency and safety. The department is holding a public hearing in the county seat to consider this proposed change in the business office hours.

The department further proposes removing Granite County, in (3)(g), from the rule because the office now has a staffing level commensurate with the workload in the county and is therefore able to be open during traditional business office hours. Alternative business office hours are no longer necessary for Granite County.


           4. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearings. Written data, views, or arguments may also be submitted to: Laurie Logan, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or e-mail lalogan@mt.gov and must be received no later than September 16, 2016.


           5. Laurie Logan, Department of Revenue, Director's Office, has been designated to preside over and conduct these hearings.


           6. The Department of Revenue 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 and e-mail or mailing address of the person to receive notices and specifies that the person wishes to receive notice regarding a particular subject matter or matters. Notices will be sent by e-mail unless a mailing preference is noted in the request. A written request may be mailed or delivered to the person in 4 above or faxed to the office at (406) 444-3696, or may be made by completing a request form at any rules hearing held by the Department of Revenue.


7. An electronic copy of this notice is available on the department's web site at revenue.mt.gov/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. While the department also strives to keep its web site accessible at all times, in some instances it may be temporarily unavailable due to system maintenance or technical problems.


8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


9. 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. Documentation of the department's determination is available at revenue.mt.gov/rules or upon request from the person in 4.



/s/ Laurie Logan                          /s/ Mike Kadas

Laurie Logan                               Mike Kadas

Rule Reviewer                             Director of Revenue 


Certified to the Secretary of State July 25, 2016.

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