Montana Administrative Register Notice 2-6-382 No. 16   08/23/2007    
    Page No.: 1130 -- 1131
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In the matter of the repeal of ARM 2.6.101 pertaining to insurance requirements


TO: All Concerned Persons


1. On October 5, 2007, the Department of Administration proposes to repeal the above-stated rule.


2. The Department of Administration 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 Administration no later than 5:00 p.m. on August 31, 2007, to advise us of the nature of the accommodation that you need. Please contact Kristie Rhodes, Department of Administration, 1625 11th Avenue, Helena, Montana, 59620; telephone (406) 444-2421; fax (406) 444-2592; Montana Relay Service 711; or e-mail krhodes@mt.gov.


3. The department proposes to repeal the following rule:


2.6.101 INSURANCE REQUIREMENTS found at page 2-261 of the Administrative Rules of Montana.


AUTH: 2-9-201, MCA

IMP: 2-9-201, MCA


REASON: The department is proposing to repeal ARM 2.6.101 because the insurance requirements for independent contractors are outdated and no longer apply.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Brett Dahl, Department of Administration, 1625 11th Avenue, Helena, Montana, 59620; telephone (406) 444-2421; fax (406) 444-2592; or e-mail bdahl@mt.gov, and must be received no later than 5:00 p.m., September 20, 2007.


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 to Brett Dahl at the above address no later than 5:00 p.m., September 20, 2007.


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 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. Ten percent of those directly affected has been determined to be greater than 25 persons based on an estimated number of contracts issued yearly.


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 and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. 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.


8. An electronic copy of this Proposal Notice is available through the department's web site at http://doa.mt.gov/AdministrativeRules.asp. The department 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 department 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 notice requirements of 2-4-302, MCA, do not apply.



By: /s/ Janet R. Kelly                                               By: /s/ Dal Smilie

Janet R. Kelly, Director                                           Dal Smilie, Rule Reviewer

Department of Administration                                Department of Administration



Certified to the Secretary of State August 13, 2007.

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