BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

TO: All Interested Persons

1. On November 22, 2006, the Department of Public Health and Human Services published MAR Notice No. 37-396 pertaining to the public hearing on the proposed adoption of the above-stated rule, at page 2898 of the 2006 Montana Administrative Register, issue number 22.

2. The department has adopted New Rule I (37.62.1122) as proposed.

3. The department has thoroughly considered all commentary received. The comments received and the department's response to each follow:

COMMENT #1: If a case is found to be unenforceable will a parent be able to collect past debt without the department's agreement to re-open the case file?

RESPONSE: Yes. If the child support is owed to the custodial party, they may attempt to collect child support arrears on their own without having to receive the department's permission or agreement. However, a party's responsibility to notify the department under 40-5-202(5), MCA remains. Additionally, if circumstances or facts change, a party can apply to have their case re-opened.

                      /s/ Russell Cater                                             /s/ Joan Miles

                      Rule Reviewer                                                Director, Public Health and

                                                                                               Human Services

Certified to the Secretary of State January 16, 2007.