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Montana Administrative Register Notice 4-14-217 No. 2   01/30/2014    
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BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I through IV pertaining to Corn Crop Advisory Committee, Annual Corn Crop Commodity Assessment and Corn Crop Research and Marketing Project Funds

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

 

 

TO: All Concerned Persons

 

            1. On February 19, 2014, at 10:00 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 302 N. Roberts, Helena, Montana, to consider the proposed adoption of the above-stated rules.

 

2. The Department of Agriculture 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 Department of Agriculture no later than 5:00 p.m. on February 14, 2014, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620; telephone (406) 444-3144; fax (406) 444-5409; or e-mail cojensen@mt.gov.

 

3. The rules as proposed to be adopted provide as follows:

 

NEW RULE I MONTANA CORN CROP ADVISORY COMMITTEE (1) The committee shall be a six-member committee consisting of individuals actively involved in the corn industry in the production, research, or marketing of corn crops.

(2) A majority of the committee members must be corn "producers" per 80-11-50, MCA. "Producer" is defined in 80-11-503, MCA.

(3) On initial appointment by the director of the Montana Department of Agriculture, three members shall be appointed for a one-year term, three members for a two-year term. All terms thereafter, will be for two years.

 

AUTH: 80-11-504, 80-11-510, MCA

IMP: 80-11-504, 80-11-510, 80-11-511, 80-11-512, 80-11-515, 80-11-516, 80-11-517, 80-11-518, 80-11-519, MCA

 

            NEW RULE II DEFINITIONS  When used in these rules, the following definitions apply:

            (1) "Corn" means all types of corn/maize.

            (2) "Department" means the Montana Department of Agriculture.

            (3) "Net receipts" are defined as net weight multiplied by the price paid to the producer.

 

AUTH: 80-11-504, 80-11-510, MCA

IMP: 80-11-504, 80-11-510, 80-11-511, 80-11-512, 80-11-515, 80-11-516, 80-11-517, 80-11-518, 80-11-519, MCA

 

            NEW RULE III ANNUAL CORN CROP COMMODITY ASSESSMENT–COLLECTION (1)  Section 80-11-516, MCA, charges the Montana Department of Agriculture with collecting the commodity assessment.

(2)  The assessment shall be 1% of the net receipts of all corn crops produced in Montana.

            (3) The assessment per 80-11-515, MCA, will occur at the time of first sale by a seller and must be collected by the first purchaser of the commodity from the seller.  It shall occur at the time of each settlement for the commodity purchased or by invoice form provided by the Montana Department of Agriculture.

 

AUTH: 80-11-504, 80-11-510, MCA

IMP: 80-11-504, 80-11-510, 80-11-511, 80-11-512, 80-11-515, 80-11-516, 80-11-517, 80-11-518, 80-11-519, MCA

 

            NEW RULE IV APPLICATIONS FOR CORN CROP RESEARCH AND MARKETING PROJECT FUNDS (1)  Applications for project funding shall be filed with the department on or before December 1 of each year.  Filing requirements will be satisfied by receipt of the original and ten copies of each application at the Montana Department of Agriculture.

            (2)  The advisory committee, at the first regular meeting of each calendar year, will review education, production, research, and marketing project applications and a recommendation made to the department as to which projects they would propose to fund and the amount of funding suggested.  Recommended projects will be determined by amount of funds, type of project, need as determined by the industry, and whether the project is new or ongoing.

            (3)  Applicants shall be notified within 30 days after the committee's first calendar year meeting whether or not their application(s) have been granted and the amount to be funded for each approved project.

            (4)  The department shall evaluate all outstanding project agreements semiannually for adequate and satisfactory financial control, accounting, and performance by project participants.

            (5)  The department may modify or terminate the funding of any project if a determination is made that the grantee has not complied or cannot comply with a provision of the project agreement.  The department shall notify the grantee in writing within 30 days of such determination of the reasons for the determination, and the effective date of the modification or termination.

 

AUTH: 80-11-504, 80-11-510, MCA

IMP: 80-11-504, 80-11-510, 80-11-511, 80-11-512, 80-11-515, 80-11-516, 80-11-517, 80-11-518, 80-11-519, MCA

 

REASON:  As corn has started to get significant acreage, growers have asked the department to implement a check-off. The size, amount of the check-off, and rules of the committee were designed to be consistent with other check-off programs in the state and to provide a manageable size for meetings with the minimum definitions in place to avoid confusion. 

 

            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: Cort Jensen, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620; telephone (406) 444-3144; fax (406) 444-5409; or e-mail cojensen@mt.gov, and must be received no later than 5:00 p.m., February 27, 2014.

 

5. Cort Jensen, Department of Agriculture, 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 shall 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 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 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.

 

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption of the above-referenced rules will not significantly and directly impact small businesses.

 

/s/ Cort Jensen                                             /s/ Ron de Yong                              

Cort Jensen                                                  Ron de Yong

Rule Reviewer                                               Director

                                                                    Agriculture

           

Certified to the Secretary of State January 21, 2014.

 

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