Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

In the matter of the adoption of new Rule I pertaining to the implementation of the Primary Sector Workforce Training Grant Program and the repeal of ARM 8.99.801, 8.99.802, 8.99.803, 8.99.804, and 8.99.805, pertaining to the implementation of the Primary Sector Workforce Training Grant Program

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION AND REPEAL

TO: All Concerned Persons

1. On May 31, 2013, at 1:30 p.m., the Department of Commerce will hold a public hearing in Room 228, of the Park Avenue Building, 301 South Park Avenue, Helena, Montana, to consider the proposed adoption and repeal of the above-stated rules.

2. The Department of Commerce 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 Commerce no later than 5:00 p.m., May 24, 2013, to advise us of the nature of the accommodation that you need. Please contact Nancy Faroni, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2744; TDD (406) 841-2731; facsimile (406) 841-2771; or e-mail to nfaroni@mt.gov.

3. The rule as proposed to be adopted provides as follows:

NEW RULE I INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS (1) The department adopts and incorporates by reference the 2015 Biennium Primary Sector Workforce Training Grant Application Guidelines, with the guidelines being posted on the Primary Sector Workforce Training Grant web site, as rules governing the submission and review of applications under the program.

(2) The guidelines incorporated by reference relate to the following:

(a) program inquiries;

(b) program funding;

(d) eligibility;

(e) program requirements;

(f) penalties;

(g) application procedures;

(h) review of applications; and

(i) procedures for accessing funds.

(3) Copies of the 2015 Biennium Primary Sector Workforce Gant Application Guidelines adopted by reference in (1) may be obtained from the Department of Commerce, Business Resources Division, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501, or on the web site at http://wtg.mt.gov/default.mcpx.

AUTH: 39-11-202, MCA

IMP: 90-11-202, MCA

REASON: The 2015 Biennium Primary Sector Workforce Training Grant Application Guidelines are incorporated, by reference, into the rules to streamline the process for applicants and thereby making the program more accessible and easily understood. The state statute explicitly details the program's procedures.

4. The department proposes to repeal the following rules:

8.99.801 DEFINITIONS, found at page 8-3659 of the Administrative Rules of Montana.

AUTH: 39-11-202, MCA

IMP: 39-11-202, MCA

8.99.802 GRANT APPLICATION PROCEDURE, found at page 8-3659 of the Administrative Rules of Montana.

AUTH: 39-11-202, MCA

IMP: 39-11-202, MCA

8.99.803 INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS FOR GRANTS SUBMITTED TO COMMITTEE, found at page 8-3660 of the Administrative Rules of Montana.

AUTH: 39-11-202, MCA

IMP: 39-11-202, MCA

8.99.804 GRANT AWARD CRITERIA, found at page 8-3660.1 of the Administrative Rules of Montana.

AUTH: 39-11-202, MCA

IMP: 39-11-202, MCA

8.99.805 AUDIT CRITERIA, found at page 8-3660.1 of the Administrative Rules of Montana.

AUTH: 39-11-202, MCA

IMP: 39-11-202, MCA

REASON: These rules are being repealed to streamline the process for the applicants making the program more accessible and easily understood. Current state statutes explicitly detail the program's procedures.

5. Concerned persons may submit their data, views, or arguments in written form or a request for opportunity to submit data, views, or arguments in oral form to: Nancy Faroni, Department of Business Resources Division, 301 South Park Avenue, P.O. Box 200501, Helena, Montana, 59620-0501; telephone (406) 841-2744; TDD (406) 841-2731; facsimile (406) 841-2771; or e-mail to nfaroni@mt.gov, and must be received no later than 5:00 p.m., June 6, 2013.

Nancy Faroni, Section Manager, 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 list may make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. 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 Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501, by fax to (406) 841-2701, by e-mail to bmartello@mt.gov, or 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 Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State 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 in the event of a discrepancy 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 Secretary of State 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.

/s/ G. MARTIN TUTTLE /s/ MEG O'LEARY

G. MARTIN TUTTLE MEG O'LEARY

Rule Reviewer Director

Department of Commerce

Certified to the Secretary of State April 26, 2013.