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| Montana Administrative Register Notice 4-17-243 | No. 24 12/22/2017 | |
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BEFORE THE DEPARTMENT OF AGRICULTURE OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On January 11, 2018, at 10:00 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 adoption and repeal 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 January 8, 2018, to advise us of the nature of the accommodation that you need. Please contact Zach Coccoli, Department of Agriculture, 302 N. Roberts, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-0132; fax (406) 444-9442 or e-mail z.coccoli@mt.gov.
3. The rules as proposed to be adopted provide as follows:
NEW RULE I COMMITTEE ORGANIZATION (1) The organization of the Montana Pulse Crop Committee has been sufficiently set out in Chapter 1 of this title.
AUTH: 2-4-201, 2-15-112, 80-1-102, 80-11-1003, MCA IMP: 2-4-201, 2-15-112, 2-15-121, MCA
NEW RULE II PROCEDURAL RULES (1) The committee adopts and incorporates the Attorney General’s model procedural rules as stated in ARM 1.3.101 through 1.3.233 and the department’s public participation rules in ARM 4.2.201 through 4.2.204. A copy of the model rules may be obtained from the Montana Department of Agriculture, 302 N. Roberts, P.O. Box 200201, Helena, Montana, 59620-0201.
AUTH: 80-1-102, 80-11-1003, MCA
NEW RULE III PUBLIC PARTICIPATION (1) Public participation is to be allowed to the fullest extent practicable and consistent with other requirements of state law and the rights and requirements of personal privacy. The purpose of this rule is to provide transparency, aid in the responsiveness of the committee, and assist all concerned persons to better understand committee activities and funded programs. The following guidelines shall aid the committee in allowing for public participation relative to resources available and the nature of the issues involved: (a) The committee shall provide and make accessible all informational materials including policy, programs and/or technical information to enable interested or affected parties to make informed and constructive contributions toward committee decisions. News releases and other publications may be used for this purpose as well as informational discussions and meetings with interested citizen groups. (b) The committee shall make efforts to summarize complex technical materials for public and media use. Requests for such information shall be promptly addressed. (c) The committee shall maintain a current list of interested persons and organizations including anyone who has requested inclusion on such a list for the distribution of information such as that listed in (1)(a) of this rule. The committee shall in addition notify any interested persons of any public hearing.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1002, 80-11-1003, 80-11-1004, 80-11-1005, 80-11-1008, MCA
NEW RULE IV AWARDING OF CONTRACT (1) Citizens shall have the opportunity for involvement in awarding of contracts and this shall be provided by observing the laws regarding awarding of contracts by public agencies. These laws require that any significant contracts be submitted to bid and public notice is through the invitation to bid.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1003, 80-11-1006, MCA
NEW RULE V COMMITTEE LIAISON (1) In addition to all other requirements the committee shall continue to maintain liaison with citizen organizations active in areas concerning committee responsibilities. This liaison will be on formal and informal basis through participation in their meetings and in their organizations.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1002, 80-11-1003, MCA
NEW RULE VI GRANTS (1) Grant applications for project funding must be received by the deadline set by the committee. The committee shall set at least one grant deadline per year. Consideration of a late grant application may occur if the committee agrees by unanimous vote.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1002, 80-11-1003, MCA
NEW RULE VII REVIEW AND EVALUATION (1) All applications shall be reviewed and evaluated for project type, funding requested, market need for the project, and whether the project is new or on-going.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1003, MCA
NEW RULE VIII COMMITTEE DETERMINATION (1) At the first meeting of the committee following the grant application deadline the projects to be funded for the following fiscal period are selected and the amount of grant funding will be determined.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1002, 80-11-1003, MCA
NEW RULE IX NOTIFICATION OF AWARDS (1) Grant applicants shall be notified within 60 days after the committee’s budget meeting as to whether or not their application(s) have been granted. Applications shall also be notified of the amount to be funded for each approved project.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1002, 80-11-1003, MCA
NEW RULE X PERFORMANCE EVALUATION (1) The committee shall periodically evaluate all outstanding grant agreements for adequate and satisfactory financial control, accounting, and performance by grantee(s).
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1003, MCA
NEW RULE XI MODIFICATION OR TERMINATION OF GRANTS (1) The committee may modify or terminate the funding of any grant if a determination is made that the grantee has not complied or cannot comply with a provision of the grant agreement. The committee shall notify the grantee in writing within 30 days of such determination of the reasons for the determination and the effective date of the modification or termination.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1003, MCA
NEW RULE XII PROHIBITION ON INDIRECT PAYMENTS (1) In order to make sure funds are not used for prohibited purposes, indirect costs are not generally allowed as a part of a grant. If the committee chooses to make an exception of the rule, a unanimous vote is required and the percentage of indirect costs cannot be more than five percent.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1003, 80-11-1006, MCA
NEW RULE XIII PULSE ASSESSMENT AND REFUNDS (1) There shall be levied an assessment of one percent of the net receipts of pulse crops produced in Montana. (2) All assessments are subject to refund provided the following criteria are met: (a) Application for assessment refund shall be in writing on forms provided by the committee. (i) Forms will be furnished upon application to the Montana Department of Agriculture, 302 N. Roberts, P.O. Box 200201, Helena, Montana, 59620-0201. (b) Written application for refund of the pulse assessment must be submitted by the first seller of the pulse commodity or by an individual with the seller’s power of attorney. (c) Refund application forms shall be submitted 30 days after the date of first sale and no later than 90 days from the date of the first sale of pulse for which a refund is filed.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1003, 80-11-1004, 80-11-1005, 80-11-1006, 80-11-1007, 80-11-1008, MCA
NEW RULE XIV REQUIREMENTS FOR REPORTS (1) All monthly pulse merchandiser report forms shall be sent out from the Montana Pulse Crop Committee. Reports shall be completed and returned to the committee after being properly signed and sworn to every month. These reports shall be filed with the committee within 20 days after the close of the business for the month in which the report is being filed. (2) Requests for past due reports shall be addressed in the following manner: (a) First notice shall be a form letter from the Montana Pulse Crop Committee requesting submission of the past due reports within 10 days of the date of the letter. (b) Second notice shall be a telephone call giving five additional days to submit the past due reports. (c) Third and final notice shall be a visit from a Department of Agriculture inspector to collect the past due reports. (d) Any person failing to produce the past due reports shall be guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $500 upon conviction.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1001, 80-11-1002, 80-11-1003, 80-11-1004, 80-11-1005, 80-11-1006, 80-11-1007, 80-11-108, MCA
NEW RULE XV CORRECTION OF ERROR ON REPORTS (1) Checking of all reports for errors in the amount of pulses purchased, amount of assessment paid, failure to make payment of assessment on all first purchases of pulses, or lack of signature will be addressed in the following manner: (a) A telephone call shall be made to the purchaser in attempt to correct the error. (b) A corrected report shall be requested if the error cannot be corrected over the telephone. (c) A visit by the Department of Agriculture inspector shall be made if the error cannot be corrected over the telephone and if a corrected report cannot be obtained. (d) Any person failing to comply with the request for corrections will be guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $500 upon conviction.
AUTH: 80-1-102, 80-11-1003, MCA IMP: 80-11-1004, 80-11-1007, MCA
REASON: Senate Bill 285 (2017) created the Montana Pulse Crop Committee.
4. The department proposes to repeal the following rules:
4.6.401 MONTANA PULSE CROP ADVISORY COMMITTEE
AUTH: 80-11-504, MCA IMP: 80-11-510, MCA
4.6.402 DEFINITIONS
AUTH: 80-11-504, MCA IMP: 80-11-503, 80-11-515, MCA
4.6.403 ANNUAL PULSE CROP COMMODITY ASSESSMENT
AUTH: 80-11-504, MCA IMP: 80-11-515, MCA
4.6.404 APPLICATIONS FOR PULSE CROP RESEARCH AND MARKETING PROJECT FUNDS
AUTH: 80-11-504, MCA IMP: 80-11-511, MCA
REASON: Senate Bill 285 (2017) created the Montana Pulse Crop Committee, eliminating the need for the Montana Pulse Crop Advisory Committee.
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: Zach Coccoli, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-0132; fax (406) 444-9442; or e-mail z.coccoli@mt.gov, and must be received no later than 5:00 p.m., January 22, 2018.
6. Zach Coccoli, 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.
7. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by email on December 8, 2017.
8. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption and repeal of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Zach Coccoli /s/ Ben Thomas Zach Coccoli Ben Thomas Rule Reviewer Director Agriculture
Certified to the Secretary of State December 11, 2017.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
