Montana Administrative Register Notice 8-99-168 No. 12   06/21/2019    
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In the matter of the amendment of ARM 8.99.917 pertaining to the implementation of the Big Sky Economic Development Trust Program








TO: All Concerned Persons


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


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 rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


8.99.917  INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS (1)  The department adopts and incorporates by reference the 2018-2019 Big Sky Economic Development Trust Fund Application Guidelines (August 2018 June 2019), with the most current guidelines being posted on the Big Sky Economic Development Trust Fund web site, as rules governing the submission and review of applications under the program.

(2) remains the same.

(3)  Copies of the Application Guidelines and Administration Manual adopted by reference in (1) can be viewed on the department's web site at http://marketmt.com/BSTF.


AUTH: 90-1-203, MCA

IMP: 90-1-203, 90-1-204, 90-1-205, MCA


REASON: It is reasonably necessary to amend this rule to implement the requirements of HB 19 from the 66th Legislative session.


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 20, based on 52 counties, 130 municipalities, and 15 eligible economic development organizations.


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 rule 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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