BEFORE THE DEPARTMENT OF ADMINISTRATION

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I and the amendment of ARM 2.13.310 and 2.13.320 pertaining to Public Safety Answering Point allowable uses of funds, decertification and funding reduction and reporting, monitoring, and recordkeeping

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AMENDED NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION AND AMENDMENT

 

TO: All Concerned Persons

 

1. On February 23, 2018, the Department of Administration published MAR Notice No. 2-13-574 pertaining to the public hearing on the proposed adoption of New Rule I at page 351 of the 2018 Montana Administrative Register, Issue Number 4. Because the department is adding two rules proposed for amendment (stated above), the hearing is being rescheduled to April 19, 2018, at 2:00 p.m., in Room 7 of the Mitchell Building, 125 N. Roberts Street, Helena, Montana.

 

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 the Department of Administration no later than 5:00 p.m. on April 12, 2018, to advise us of the nature of the accommodation that you need. Please contact Rhonda Sullivan, Department of Administration, 1400 8th Ave., P.O. Box 200113, Helena, Montana 59620; telephone (406) 444-2420; fax (406) 444-2701; Montana Relay Service 711; or e-mail rsullivan@mt.gov.

 

3.  NEW RULE I  ALLOWABLE USES OF FUNDS remains as proposed.

 

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

 

2.13.310 DECERTIFICATION AND FUNDING REDUCTION (1) and (1)(a) remain the same.

(b) uses or distributes funds for any purpose other than those identified in [NEW RULE VII I];

(c) through (8)(c) remain the same.

 

AUTH: 10-4-108, MCA

IMP: 10-4-107, 10-4-108, 10-4-109, 10-4-305, MCA

 

2.13.320  REPORTING, MONITORING, AND RECORDKEEPING

(1) remains the same.

(2) The department shall monitor transactions to ensure payments received from the 9-1-1 systems account are used as provided in [NEW RULE VII I]. The department may determine a certified PSAP is not in compliance with PSAP certification requirements if funds are not used as provided in [NEW RULE VII I].

(3) through (5) remain the same.

 

AUTH: 10-4-108, MCA

IMP: 10-4-107, 10-4-109, 10-4-305, MCA

 

STATEMENT OF REASONABLE NECESSITY: In MAR Notice No. 2-13-566, published at page 2363 of the 2017 Montana Administrative Register, Issue Number 24, New Rules V (2.13.310) and VIII (2.13.320) referred to New Rule VII; however, the department did not adopt New Rule VII, making it necessary to amend the rules to the correct rule number. 

New Rule VII was re-noticed in the original version of MAR Notice No. 2‑13-574 as New Rule I. The department is including proposed amendments in this amended notice to correct the references from New Rule VII to New Rule I. By revising the reference to New Rule I, the correct permanent rule number will be included in both ARM 2.13.310 and 2.13.320.

 

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 Rhonda Sullivan, Department of Administration, 1400 8th Ave., P.O. Box 200113, Helena, Montana 59620; telephone (406) 444-2420; fax (406) 444-2701; or e-mail rsullivan@mt.gov, and must be received no later than 5:00 p.m., April 27, 2018.

 

6. The department has determined that under 2-4-111, MCA, the proposed adoption and amendments will not significantly and directly affect small businesses.  

 

 

 

By:   John Lewis                                                 By:   Michael P. Manion                   

         John Lewis, Director                                          Michael P. Manion, Rule Reviewer

         Department of Administration                            Department of Administration

 

Certified to the Secretary of State March 20, 2018.