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Montana Administrative Register Notice 8-94-127 No. 24   12/24/2014    
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BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 8.94.3708, 8.94.3709, 8.94.3710, 8.94.3711, 8.94.3712, 8.94.3713, 8.94.3714, 8.94.3715, 8.94.3716, 8.94.3717, 8.94.3718, 8.94.3719, 8.94.3720, 8.94.3721, 8.94.3722, 8.94.3723, 8.94.3724, 8.94.3725 relating to the administration of the CDBG Program

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NOTICE OF PROPOSED REPEAL

 

NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

          1. On January 23, 2015, the Department of Commerce proposes to repeal 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 Department of Commerce no later than 5:00 p.m. on January 21, 2015, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Paralegal, Director's Office, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; TDD (406) 841-2702; or e-mail bmartello@mt.gov.

 

3. The department proposes to repeal the following rules:

 

8.94.3708 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 1992 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3709 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 1993 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3710 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 1994 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3711  INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 1995 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3712 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 1996 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3713 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 1997 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3714 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 1998 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3715 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 1999 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3716  INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 2000 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

           

8.94.3717 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 2001 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3718 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 2002 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3719 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 2003-2004 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3720  INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE 2004-2005 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3721 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE 2005-2006 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3722 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE 2006-2007 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3723 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE 2007-2008 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3724 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE 2008-2009 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

8.94.3725 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE 2009-2010 CDBG PROGRAM

 

AUTH: 90-1-103, MCA

IMP: 90-1-103, MCA

 

REASON: The Department of Commerce has determined there is reasonable necessity to repeal ARM 8.94.3708 through 8.94.3725 because all projects initiated there under have been closed out. Therefore, these rules are no longer necessary and have no effect.

           

4. Concerned persons may submit their data, views, or arguments in writing to: Bonnie Martello, Director's Office, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; or e-mail bmartello@mt.gov, and must be received no later than 5:00 p.m., January 21, 2015.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Bonnie Martello at the above address no later than 5:00 p.m., January 21, 2015.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Ten percent of those directly affected has been determined to be two, based on an estimated 20 eligible applicants for CDBG Housing and Public Facilities Planning Grants. Notice of the hearing will be published in the Montana Administrative Register. 

 

7. 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.

8. 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 this 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.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

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

 

 

/s/ G. Martin Tuttle                                                    /s/ Douglas Mitchell                        

G. Martin Tuttle                                                         DOUGLAS MITCHELL

Rule Reviewer                                                           Deputy Director

                                                                                Department of Commerce

 

Certified to the Secretary of State December 12, 2014.

 

 

 

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