Montana Administrative Register Notice 8-99-167 No. 12   06/21/2019    
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In the matter of the amendment of ARM 8.99.301 and 8.99.304 pertaining to the Certified Regional Development Corporation Program.










TO: All Concerned Persons


1. On July 30, 2019, the Department of Commerce proposes to amend the above-stated rules.


2. The Department of Commerce 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 Commerce no later than 5:00 p.m. on July 16, 2019, to advise us of the nature of the accommodation that you need. Please contact Bonnie J. Martello, Paralegal, Montana Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; TDD (406) 841-2702; or e-mail bmartello@mt.gov.


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


8.99.301  DEFINITIONS (1) through (1)(g) remain the same.

      (h) "Council" means the Economic Development Advisory Council provided for in 2-15-1820, MCA;

      (i) (h)  "Department" means the Department of Commerce provided for in 2-15-1801, MCA;

      (j) (i)  "Local and regional planning" means a long-range planning process that encourages citizens to develop a mission statement, goals, strategies, and actions used to prioritize the efforts of citizens and communities and guide the development of the economy of a region or a portion of a region;

      (k) (j)  "Program" means the Certified Regional Development Corporations Program provided for in 90-1-116, MCA;

      (l) (k)  "Region" means one of not more than 12 service regions. At a minimum, a service region must include two contiguous counties in their entirety;

      (m) (l)  "Revolving loan fund" means a self-sustaining loan program that provides debt financing to eligible businesses to sustain or develop a region's economy; and

      (n) (m)  "Technical assistance" means business-related assistance in a one-to-one setting that includes business plan composition, formation, financing, management, and operation of a small business.



AUTH:  90-1-116, MCA

IMP: 90-1-116, MCA


REASON: It is reasonably necessary to amend this rule because HB 558 of the 66th legislative session repealed the Economic Development Advisory Council.


8.99.304  ASSISTANCE GRANTS – ALLOWABLE USES  (1)  As prescribed by the department council, allowable administrative expenses for which assistance grants may be used by a CRDC include:  

(a) remains the same.

(b)  any other expenses deemed necessary by the department council to maintain the organization's certification as a CRDC.  


AUTH:  90-1-116, MCA

IMP: 90-1-116, MCA


REASON: It is reasonably necessary to amend this rule because HB 558 of the 66th legislative session repealed the Economic Development Advisory Council.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Bonnie Martello, Department of Commerce, Legal Department, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0533; telephone (406) 841-2596; fax (406) 841-2871; TDD (406) 841-2702; or e-mail DOCAdministrativeRules@mt.gov, and must be received no later than 5:00 p.m., July 19, 2019.


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 Bonnie Martello at the above address no later than 5:00 p.m., July 19, 2019.


6. If the agency receives requests for a public hearing on the proposed action from either 10 percent 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 1.1 persons based on 11 certified regional development corporations.


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 4 above or may be made by completing a request form at any rules hearing held by the department.


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/ Garrett R. Norcott                                   /s/ Tara Rice                                    

Garrett R. Norcott                                       Tara Rice

Rule Reviewer                                            Director

                                                                    Department of Commerce


Certified to the Secretary of State June 11, 2019.


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