Montana Administrative Register Notice 4-17-238 No. 4   02/17/2017    
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In the matter of the amendment of ARM 4.4.306 and 4.4.318 pertaining to the Hail Insurance Program






TO: All Concerned Persons


            1. On March 13, 2017, at 11:00 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 302 N. Roberts, Helena, Montana, to consider the proposed 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 Department of Agriculture no later than 5:00 p.m. on March 10, 2017, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, 302 N. Roberts, Helena, Montana, 59601; telephone (406) 444-3144; fax (406) 444-5409; or e-mail agr@mt.gov.


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


      4.4.306  APPLICATION FOR INSURANCE (1) Persons wishing to participate in the hail insurance program shall file a properly filled out and signed application in the office of the county assessor with the Montana Department of Agriculture no later than August 15.


AUTH: 80-2-201, MCA

IMP: 80-2-203, MCA


4.4.318  PAYING 100% WHEN THE LOSS SHOWS AT LEAST 95% 90% OR ABOVE ACTUAL LOSS (1)  The state hail insurance program will pay the producer 100% of the payable amount when the adjuster shows by count that the loss is 95% 90% or above.


AUTH: 80-2-201, MCA

IMP: 80-2-201, 80-2-244, MCA


REASON: The Montana Hail Insurance Board voted to change rules to reflect the fact that county offices are no longer available and to adopt the industry standard on total loss.


ECONOMIC IMPACT STATEMENT: Amending ARM 4.4.318 may increase the amount owed to hail claimants between $1 and $5000.


            4. 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, 302 N. Roberts, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail agr@mt.gov, and must be received no later than 5:00 p.m., March 20, 2017.


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


6. 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.


7. 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.


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 rules will not significantly and directly impact small businesses.



/s/ Cort Jensen                                /s/ Libbi Lovshin                             

Cort Jensen                                     Libbi Lovshin

Rule Reviewer                                 Administrator



Certified to the Secretary of State February 6, 2017.


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