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| Montana Administrative Register Notice 32-23-340 | No. 23 12/08/2023 | |
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BEFORE THE DEPARTMENT OF LIVESTOCK OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On August 25, 2023, the Department of Livestock published MAR Notice No. 32-23-340 pertaining to the proposed amendment of the above-stated rule at page 860 of the 2023 Montana Administrative Register, Issue Number 16.
2. Upon further consideration of this proposed rule change, the Board of Livestock and the department have chosen to exempt livestock dealers from these requirements and have tailored the brand recording requirements to apply to physical markets only.
3. The proposed rule is being further amended from the original proposal as follows, new matter underlined, deleted matter interlined:
32.15.102 RECORDS TO BE KEPT (1) Each licensed market (2) Each licensed market (a) The names of the owners or persons having an interest in the market (b) The names of the managers or operators of the market (c) The names of the owners of the premises upon which the market is located if different than the owners of the licensed market; if a corporation, the names of the directors, officers, and the stockholders, showing their interest in the corporation. (d) Any contracts or leases executed in connection with the operation of the market (e) The type of organization used in operating the market (f) If a corporation, the names of the directors, officers, and the stockholders, showing their interest in the corporation. (3) Records and information must be available for inspection and examination by any authorized agent of the Department of Livestock, Brands Enforcement Division and must be submitted by the licensee upon request. All records used in the purchase and sale of livestock and all records required by this rule must be kept and maintained by the licensed market
REASON: The department proposes to amend this rule to comply with the revisions of 81-8-213, 81-8-251, 81-8-252, 81-8-264, and 81-8-265, MCA, passed by the Montana State Legislature in 2023 via HB 153 carried by Representative Ler at the request of the department. The changes proposed by the department ensure that those operating sales have the same requirements as physical livestock markets and make payment to consigners at the conclusion of a sale.
Other language has been updated for clarity and conciseness, and implementing statutes have been updated.
4. The Department of Livestock 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 Livestock no later than 5:00 p.m. on, December 22, 2023, to advise us of the nature of the accommodation that you need. Please contact Executive Officer, Department of Livestock, 301 N Roberts St., Room 304, P.O. Box 202001, Helena, Montana, 59620-2001; telephone (406) 444-9525; fax (406) 444-4316; TDD/Montana Relay Service 1 (800) 253-4091; or e-mail MDOLcomments@mt.gov.
5. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Department of Livestock, P.O. Box 202001, Helena, Montana, 59620-2001; telephone (406) 444-9321; fax (406) 444- 1929; or e-mail MDOLcomments@mt.gov, and must be received no later than 5:00 p.m., December 29, 2023.
/s/ Darcy Alm /s/ Michael S. Honeycutt Darcy Alm Michael S. Honeycutt Rule Reviewer Executive Director Department of Livestock
Certified to the Secretary of State November 28, 2023.
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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.
