HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
Montana Administrative Register Notice 6-176 No. 12   06/26/2008    
    Page No.: 1173 -- 1173
Prev Next

BEFORE THE CLASSIFICATION REVIEW COMMITTEE OF 

THE STATE OF MONTANA 

 

In the matter of the proposed amendment of ARM 6.6.8301 concerning updating references to the NCCI Basic Manual for new classifications for various industries
)
)
)
)
NOTICE OF PROPOSED AMENDMENT
 
NO PUBLIC HEARING CONTEMPLATED

 TO:  All Concerned Persons

 

1.  On August 4, 2008, the department proposes to amend the above-stated rule.

 

2. The department will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Montana Classification Review Committee not later than 5:00 p.m., July 28, 2008, to advise us of the nature of the accommodation that you need. Please contact Tim Hughes, National Council on Compensation Insurance, Inc., 10920 W. Glennon Dr., Lakewood, Colorado 80226; telephone (303) 969-9456; fax (303) 969-9423; or e-mail tim_hughes@ncci.com.

 

3. The rule shown below was recently amended, and no changes will be made to that rule. However, there are codes referenced by this rule that are being updated.

 

6.6.8301 ESTABLISHMENT OF CLASSIFICATION FOR COMPENSATION PLAN NO. 2 (1) and (2) remain the same.

 

AUTH: 33-16-1012, MCA

IMP: 2-4-103, 33-16-1012, MCA

 

4. STATEMENT OF REASONABLE NECESSITY: It is necessary to amend ARM 6.6.8301 to update references to the NCCI Basic Manual for Workers Compensation and Employers Liability. Changes to the NCCI Basic Manual for Workers Compensation and Employers Liability affect classifications that apply to various industries. The proposed changes are as follows:

 

            A. Horticulture

Revise the phraseology of Code 0035--Farm--Florist & Drivers to further clarify the proper assignment of acreage or facilities devoted to the raising and cultivating of potted house plants, fresh cut flowers, and flower bulbs; and raising and harvesting annuals, perennials, or other bedding plants. Wording will also be added to clarify the inclusion of algae growing, harvesting, and processing; mushroom farming; and retail or wholesale sales from the farm location. Discontinue the cross-reference phraseology of Code 0035--Farm--Vegetable Growing--Hydroponic & Drivers. The assignment of Code 0035 for hydroponic vegetable growing will be referenced in the phraseology note of Code 0035--Farm--Florist & Drivers.

 

NCCI recommends that Montana not adopt the newly proposed national phraseology for nursery farms but instead revise their state special phraseology for Code 0005--Nursery Employees & Drivers to more closely align with the national proposal for Code 0005. NCCI also recommends that Montana discontinue their state special Classification Code 0131--Farm--Christmas Tree & Drivers and combine these exposures into Code 0005.

 

B. Fruit Farms

Revise the phraseology of Code 0016--Farm--Orchard & Drivers to include "or Grove" on the phraseology and to further clarify the assignment of fruits, nuts, or avocados and other crops to Code 0016.

 

Revise the phraseology of Code 0079--Farm--Berry or Vineyard & Drivers to further clarify the assignment of acreage devoted to the raising of berries, grapes, or hops to Code 0079, and discontinue the cross-reference phraseology of Code 0079--Farm--Vineyard or Berry & Drivers.

 

Revise the cross-reference phraseology of Code 0050--Clearing of Right of Way--Electric, Power, Telephone, Burglar, or Fire Alarm Lines: Brush or Week Control--Chemical & Drivers to further clarify the assignment of brush or weed control using chemicals on existing right of ways for electric, power, telephone, burglar, or fire alarm lines.

 

C. Sugar Manufacturing

Amend the phraseology of Code--2021--Sugar Refining to include "manufacturing" and to clarify the assignment of sugar manufacturing or refining from sugar cane and sugar beets.

 

Discontinue the cross reference phraseologies of Code--2021--Beet Sugar Mfg.; Molasses or Syrup Refining, Blending or Mfg.; Sugar Mfg.--Beet; and Syrup or Molasses Refining, Blending, or Manufacturing. The assignment of Code 2021 for these operations will be referenced in the phraseology and note of Code 2021--Farm--Sugar Manufacturing or Refining From Sugar Cane or Sugar Beets.

 

D. Tobacco Manufacturing

Revise the phraseology of Code--2172--Cigarette Mfg., to clarify the assignment of cigar and tobacco manufacturing to Code 2172. Can manufacturing will continue to be separately rated.

 

Discontinue the cross-reference phraseologies of Code--2172--Cigar Mfg., and Tobacco Mfg. NOC.

 

Revise the phraseology of Code 2174--Tobacco Rehandling or Warehousing to clarify the assignment of tobacco auction houses.

 

5. This amendment is intended to be applied effective July 1, 2010.

 

6. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Tim Hughes, National Council on Compensation Insurance, Inc., 10920 W. Glennon Dr., Lakewood, Colorado 80226, or by e-mail to tim_hughes@ncci.com no later than July 28, 2008.

 

7. 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 Tim Hughes at the above address no later than July 28, 2008.

 

8. If the committee receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons who are 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 persons directly affected has been determined to be 150 persons based on the 15 businesses who have indicated interest in the rules of this committee and who the committee has determined could be directly affected by these rules.

 

9. The Montana Classification Review Committee maintains a list of concerned persons who with to receive notices of rulemaking actions proposed by this committee. 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 that the person wishes to receive notices regarding rulemaking actions of the Classification Review Committee. Such written requests may be mailed or delivered to Tim Hughes, National Council on Compensation Insurance, Inc., 10920 W. Glennon Dr., Lakewood, CO 80226, or by e-mail to tim_hughes@ncci.com, or by completing a request form at any rules hearing held by the Montana Classification Review Committee.

 

10. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.

 

/s/ Cliff Hanson
/s/ Christina L. Goe
Cliff Hanson
Christina L. Goe
Review Committee Chairperson
Rule Reviewer
State Auditor's Office

 

Certified to Secretary of State June 16, 2008.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security