BEFORE THE DEPARTMENT OF ADMINISTRATION
OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On February 5, 2010, at 10:00 a.m., the Department of Administration will hold a public hearing in Room 136 of the Mitchell Building, at 125 N. Roberts, Helena, Montana, to consider the proposed repeal of the above-stated rules.
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 January 25, 2010, to advise us of the nature of the accommodation needed. Please contact Marjorie Thomas, Department of Administration, P.O. Box 200127, 125 N. Roberts, Helena, Montana 59620; telephone (406) 444-3982; fax (406) 444-0703; Montana Relay Service/TDD 711; or e-mail mthomas2@mt.gov.
3. The department proposes to repeal the following rules:
2.21.617 SHORT TITLE found at page 2-678 of the Administrative Rules of Montana (ARM).
AUTH: 2-18-102, 2-18-603, MCA
IMP: 1-1-216, 2-18-603, MCA
2.21.618 POLICY AND OBJECTIVES found at ARM page 2-678.
AUTH: 2-18-102, 2-18-603, MCA
IMP: 1-1-216, 2-18-603, MCA
2.21.619 DEFINITIONS found at ARM page 2-678.
AUTH: 2-18-102, 2-18-603, MCA
IMP: 1-1-216, 2-18-603, MCA
2.21.620 HOLIDAYS found at ARM page 2-679.
AUTH: 2-18-102, 2-18-603, MCA
IMP: 1-1-214, 1-1-216, 2-18-603, MCA
2.21.626 HOLIDAY BENEFITS AND ELIGIBILITY REQUIREMENTS found at ARM page 2-681.
AUTH: 2-18-102, 2-18-603, MCA
IMP: 1-1-216, 2-18-603, MCA
2.21.627 HOLIDAY BENEFITS FOR FULL-TIME EMPLOYEES found at ARM page 2-681.
AUTH: 2-18-102, 2-18-603, MCA
IMP: 1-1-216, 2-18-603, MCA
2.21.628 HOLIDAY BENEFITS FOR PART‑TIME AND JOB SHARE EMPLOYEES found at ARM 2-682.
AUTH: 2-18-102, 2-18-603, MCA
IMP: 1-1-216, 2-18-603, MCA
2.21.636 PAY FOR WORK PERFORMED ON A HOLIDAY found at ARM page 2-683.
AUTH: 2-18-102, 2-18-603, MCA
IMP: 1-1-216, 2-18-603, MCA
2.21.641 SPECIAL SITUATIONS found at ARM page 2-685.
AUTH: 2-18-102, 2-18-603, MCA
IMP: 1-1-216, 2-18-603, MCA
2.21.646 CLOSING found at ARM page 2-685.
AUTH: 2-18-102, 2-18-603, MCA
IMP: 1-1-216, 2-18-603, MCA
STATEMENT OF REASONABLE NECESSITY: The rules proposed to be repealed concern only the internal management of state government and do not impact or affect the public. Therefore the rules are not appropriately included in ARM, according to the definition of "rule" in 2-4-102(11)(b)(i), MCA. A revised holiday policy for state employees will be included instead in the Montana Operations Manual, a document that addresses the internal management of state government.
4. 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: Marjorie Thomas, Department of Administration, P.O. Box 200127, 125 N. Roberts, Helena, Montana 59620; telephone (406) 444-3982; fax (406) 444-0703; or e-mail mthomas2@mt.gov, and must be received no later than 5:00 p.m., February 12, 2010.
5. Marjorie Thomas, an attorney with the Department of Administration, has been designated to preside over and conduct this hearing.
6. 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 mailing list shall make a written request which includes the name and mailing address or e-mail address of the person to receive notices and specifies that the person wishes to receive notices regarding State Human Resources Division rulemaking actions. 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.
7. An electronic copy of this proposal notice is available through the department's web site at http://doa.mt.gov/administrativerules.mcpx. The department strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that if a discrepancy exists between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the department works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
By: /s/ Janet R. Kelly By: /s/ Michael P. Manion
Janet R. Kelly, Director Michael P. Manion, Rule Reviewer
Department of Administration Department of Administration
Certified to the Secretary of State January 4, 2010.