BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the establishment of a negotiated rulemaking committee on guest ranch and outfitting and guide facilities

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NOTICE OF NEGOTIATED RULEMAKING

 

TO:  All Concerned Persons

 

            1.  The Department of Public Health and Human Services intends to establish a negotiated rulemaking committee to negotiate and develop proposed rules regulating guest ranches and outfitting and guide facilities.

 

            2.  The proposed rules must take into consideration the size, type, location, and seasonal operations of an establishment and may include only rules to:  (a) ensure that the establishment has safe drinking water and an adequate water supply; (b) ensure an adequate and sanitary sewage system and refuse disposal system; and (c) address food safety concerns, such as adequate storage, refrigeration, and food handling, as specified in 50-51-103, MCA.

 

            3.  Interests that are likely to be significantly affected by the proposed rules are:

 

            a.  Establishments which meet the definition of "guest ranch" in 50-51-102(4), MCA.  "Guest ranch" means a facility that:  (a) uses one or more permanent structures, one or more of which have running water, sewage disposal, and a kitchen; (b) furnishes sleeping accommodation on advance reservations for a minimum stay; (c) provides hunting, horseback riding, fishing, or a working cattle ranch experience to its guests; and (d) is a small establishment or a seasonal establishment.

 

            b.  Establishments which meet the definition of "outfitting and guide facility" in 50-51-106(6), MCA.  "Outfitting and guide facility" means a facility that:  (a) uses one or more permanent structures, one or more of which have running water, sewage disposal, and a kitchen; (b) furnishes sleeping accommodations to guests; (c) offers hunting, fishing, or recreational services in conjunction with the services of an outfitter or guide, as defined in 37-47-101, MCA; and (d) is a small establishment or a seasonal establishment.

 

The definitions of seasonal establishment in 50-51-102(9), MCA, and small establishment in 50-51-102(10), MCA are applicable to guest ranches and outfitting and guide facilities.  "Seasonal establishment" means a guest ranch or outfitting and guide facility operating less than 120 days in a calendar year and offering accommodations to between 9 and 40 people on average a day.  "Small establishment" means a guest ranch or an outfitting and guide facility offering accommodations to between 9 and 24 people on average a day.  The average number of people a day is determined by dividing the total number of guests accommodated during the year by the total number of days that the establishment operated as a guest ranch or outfitting and guide facility during the year. 

 

            4.  The individuals proposed to represent the department on the negotiated rulemaking committee are:  Jim Murphy, Communicable Disease Control and Prevention Bureau Chief; Shannon McDonald, Department of Public Health and Human Services Legal Counsel; Melissa Tuemmler, R.S., Food and Consumer Safety (FCS) Supervisor; and Ruth Piccone, R.S., FCS Public Health Sanitarian.

 

            5.  The department is seeking applications from interested parties to serve on the committee.  The department proposes persons from organizations which are likely to be significantly affected by the proposed rules to serve on the committee to represent their interests.  These include, but are not limited to, Montana Ranch Vacation Association, Montana Outfitters and Guides Association, and Montana Innkeepers Association. 

 

            6.  Any individual or entity interested in applying for or nominating another person for membership on the committee must submit the following information in writing to Jim Murphy, Department of Public Health and Human Services, Public Health and Policy Services Division, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951, no later than June 28, 2010:

 

            (a)  the name of the petitioner or the nominee, mailing address, and contact information including telephone, fax number, e-mail address, and mailing address;

 

            (b)  a description of the interests the person or nominee represents, including relationship to regulated guest ranches or outfitting and guide facilities and the name of the establishment or association;

 

            (c)  evidence that the person or nominee is authorized to represent parties related to the interests the person proposes to represent;

 

            (d)  a written commitment that the petitioner or nominee will be able to participate in the negotiated rulemaking process as contemplated in paragraph 8 and will actively participate in good faith in the development of the rules under consideration; and

 

            (e)  the ability of the petitioner or nominee to cover committee participation costs (such as telephone calls, travel, and per diem expenses).

 

            7.  The department may limit the size of the negotiated rulemaking committee, if, after receipt of the comments and applications, the department determines that the interests of the persons that will be significantly affected by the proposed rule can be adequately represented.  The selected committee members will represent the guest ranches, outfitting and guide facilities, state and local public health officials, or other parties or agencies which have a significant relationship with regulated guest ranch and outfitting and guide facilities.

 

            8.  The proposed working schedule for the negotiated rulemaking committee is as follows:

 

            (a)  On May 27, 2010, this notice will be published in the Montana Administrative Register (MAR), and as appropriate, in newspapers and other publications, seeking comment and applications for memberships on the negotiated rulemaking committee no later than June 28, 2010.  The notice will also be mailed to persons known to the department to have an interest in this matter.

 

            (b)  After receipt and consideration of the comments and applications, the department will establish a negotiated rulemaking committee no later than August 31, 2010.  The members selected to serve on the committee must be able to adequately represent the interests of the persons that will be significantly affected by the proposed rules.  The committee members will be notified in writing of their selection.  Within 30 days from the notification of selection, the committee members will be sent an information packet.

 

            (c)  The negotiated rulemaking committee will convene at various times in July, August, September, and October to negotiate and develop proposed rules.  The committee will establish a date by September, 2010, for conclusion of the rule negotiations with the goal of reaching a consensus on the proposed rules. Teleconferencing will be utilized for most meetings, with at least one meeting scheduled in Helena, Montana.

 

            (d)  If the negotiated rulemaking committee is successful in achieving a consensus on the proposed rules, the committee will transmit to the department a report containing the proposed rules by December 2010.   If a consensus cannot be reached on the proposed rules, the committee will transmit to the department a report specifying the areas in which the committee has reached a consensus and the issues that remain unresolved.

 

            9.  Interested parties may submit their views or comments concerning the proposed negotiated rulemaking process to Jim Murphy, Department of Public Health and Human Services, Public Health and Policy Services Division, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951, no later than June 28, 2010.

 

            10.  The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate on the committee. If you require an accommodation, please advise the department of the nature of the accommodation you need when applying for membership on the committee.

 

            11.  Please note the following concerning the process of negotiated rulemaking:

 

            a.  Negotiated rulemaking is not a substitute for the public notification and participation requirements of the Montana Administrative Procedure Act, and a consensus agreement by a negotiated rulemaking committee may be modified by an agency as a result of the subsequent rulemaking process (2-5-102, MCA).

 

            b.  The negotiated rulemaking committee terminates upon adoption of the final rule under consideration, unless the agency, after consulting the committee or the committee itself specifies an earlier termination date (2-5-106(4), MCA).

 

            12.  The specific grant of rulemaking authority authorizing the proposed rules is found in 50-51-103, MCA.  The proposed rules will implement 50-51-101 and 50-51-103, MCA.

 

 

 

/s/  Shannon McDonald                                /s/  Anna Whiting Sorrell                              

Rule Reviewer                                               Anna Whiting Sorrell, Director

                                                                        Public Health and Human Services

           

Certified to the Secretary of State May 17, 2010.