BEFORE THE DEPARTMENT OF REVENUE

OF THE STATE OF MONTANA

 

In the matter of establishing a negotiated rulemaking committee relating to agency liquor stores

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NOTICE OF NEGOTIATED RULEMAKING

 

TO: All Concerned Persons

 

1. The Department of Revenue intends to establish a negotiated rulemaking committee to develop and amend department rules relating to agency liquor stores. This negotiated rulemaking process is required by 16-1-303(5), MCA for any rules relating to the operation of agency liquor stores.

 

2. The proposed rules must establish specific guidelines relative but not limited to: terminology as it applies to agency liquor stores, commission percentage reviews, using the estimated census count to determine agency store availability, and collaborating on retail distribution cost reductions to benefit the citizens of Montana.

 

3.  Interests that are likely to be significantly affected by the proposed rules are agents in the agency liquor stores in Montana.

 

4. The individuals proposed to represent the department on the negotiated rulemaking committee are: Shauna Helfert, Administrator, Liquor Control Division; Mickey Carlson, Liquor Distribution Specialist; LaNora Steigen, Liquor Accountant; and Cleo Anderson, Rules Reviewer. 

           

5. The department is seeking applications from interested parties to serve on the committee.

 

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

 

(a) On August 26, 2010, this notice will be published in the Montana Administrative Register (MAR), and in the five major newspapers in Montana. Applications for membership on the negotiated rulemaking committee must be received no later than September 27, 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 October 15, 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 five working days from the notification of selection, the committee members will be sent an information packet.

(c) The negotiated rulemaking committee will convene its first meeting on November 1, 2010, to negotiate and develop proposed rules. Teleconferencing and e-mail correspondence will be utilized as much as possible. At this time, it is not anticipated that additional meetings will be necessary. The initial meeting will convene at 9:00 a.m., in the Third Floor Reception Conference Room, Sam W. Mitchell Building, Helena, Montana. The committee will begin with an initial draft of amendments to current department rules at this meeting.

(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 specifying the areas in which the committee has reached a consensus and the issues that remain unresolved.

(e) Thereafter, and in accordance with Title 2, chapter 4, part 3, MCA (Adoption and Publication of Rules), the department will file the proposed rules for agency liquor stores with the Secretary of State for publication in the Montana Administrative Register.

(f) The department may seek the assistance and advice of the negotiated rulemaking committee with respect to comments received during the formal rulemaking process.

 

7. 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: Cleo Anderson, Department of Revenue, P. O. Box 7701, Helena, Montana 59604-7701, no later than September 27, 2010:

(a) The person's name or the nominee's name, address, and contact information including telephone or fax number or e-mail address.

(b) A description of the interests the person or nominee represents.

(c) Evidence that the person or nominee is authorized to represent parties related to the interests of the persons proposed to be represented.

(d) The name of the agency liquor store, and the relationship of the person or nominee to it.

(e) A commitment that the person or nominee will be able to participate in the negotiated rulemaking process as contemplated in paragraph 6 and will actively participate in good faith in the development of the rules under consideration.

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

 

8. Interested parties may submit their views and comments concerning the proposed negotiated rulemaking process to Cleo Anderson, Department of Revenue, P.O. Box 7701, Helena, Montana 59604-7701, faxed to (406) 444-3696, or electronic mail to canderson@mt.gov no later than September 27, 2010.

 

9. Initially, the department proposes to limit the size of the negotiated rulemaking committee to no more than ten persons.  However, after receipt of comments and applications, the department may determine that a smaller or larger number is necessary to adequately represent the interests of the persons significantly affected by the proposed rules. The selected committee members will represent all identified segments of agency liquor stores and state and local officials. The selected committee members may represent other parties or agencies that have a significant relationship with agency liquor stores.

 

10. The department 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) "Interest" for the purpose of this process means multiple parties that have similar points of view or that are likely to be affected in a similar manner in relationship to matters affected by the rule(s) (2-5-103(5), MCA).

(b) 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).

(c) The negotiated rulemaking committee may not continue to function and must be disbanded after the adoption of the final rule(s) (2-5-106(4), MCA).

 

12. The specific grant of rulemaking authority authorizing the department to adopt the proposed rules is found in 16-1-303, MCA. The proposed rules will implement Title 16, chapter 2, parts 1, 2, and 3, MCA.

 

 

/s/ Cleo Anderson                             /s/ Dan R. Bucks

CLEO ANDERSON                          DAN R. BUCKS

Rule Reviewer                                   Director of Revenue

 

Certified to Secretary of State August 16, 2010