BEFORE THE BOARD OF REALTY REGULATION

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment                                    ) NOTICE OF AMENDMENT

of ARM 24.210.401 fees, 24.210.641                         ) AND ADOPTION

unprofessional conduct, 24.210.667                            )

continuing education, 24.210.1016                              )

timeshare course, 24.210.1018 timeshare                 )

exam, 24.210.1020 timeshare renewal, and               )

adoption of NEW RULE I fee schedule                        )

 

TO: All Concerned Persons

 

1. On July 5, 2007, the Board of Realty Regulation (board) published MAR Notice No. 24-210-30 regarding the public hearing on the proposed amendment and adoption of the above-stated rules at page 947 of the 2007 Montana Administrative Register, issue no. 13.

On April 12, 2007, the board published MAR Notice No. 24-210-29 regarding the proposed amendment of ARM 24.210.401, 24.210.641, 24.210.667 and other rules at page 407 of the 2007 Montana Administrative Register, issue no. 7 and has amended these rules on September 6, 2007, at page 1329 of the 2007 Montana Administrative Register, issue no. 17.

 

2. On July 26, 2007, a public hearing was held on the proposed amendment and adoption of the above-stated rules in Helena. No comments or testimony were received.

 

3. The board has amended ARM 24.210.1016, 24.210.1018, and 24.210.1020 exactly as proposed.

 

4. The board has adopted NEW RULE I (24.210.1001) exactly as proposed.

 

5. Due to the concurrent amendments to ARM 24.210.401, 24.210.641, and 24.210.667 in MAR Notice Nos. 24-210-29 and 24-210-30, the board has amended these rules as shown:

 

ARM 24.210.401 is amended as proposed in MAR Notice Nos. 24-210-29 and 24-210-30, but in order to correctly identify the earmarking as a result of the concurrent amendments, earmarking is clarified as follows:

 

24.210.401 FEE SCHEDULE (1) remains as proposed in MAR Notice No. 24-210-30.

(2) through (17) remain as amended in MAR Notice No. 24-210-29.

(18) remains as proposed in MAR Notice No. 24-210-30.

(18) remains as amended in MAR Notice No. 24-210-29 but is renumbered (19).

 

ARM 24.210.641 is amended as shown in the final notice of MAR Notice No. 24-210-29 and as proposed in MAR Notice No. 24-210-30, but is amended to show necessary punctuation, correct catchphrase, and earmarking changes as follows:

 

24.210.641 UNPROFESSIONAL CONDUCT (1) through (5)(ab) remain as amended in MAR Notice No. 24-210-29 and proposed MAR Notice No. 24-210-30.

(ac) failing to comply with all completion and reporting requirements for continuing education as established by the board; or

(ad) failing to respond to a request from the board. ; or

(af) remains as proposed in MAR Notice No. 24-210-30 but is renumbered (ae).

(4) remains as proposed but was renumbered (6) in MAR Notice No. 24-210-29.

 

ARM 24.210.667 is amended as proposed in MAR Notice No. 24-210-29 and 24-210-30 but in order to correctly identify the earmarking as a result of the concurrent amendments, earmarking is clarified as follows:

 

24.210.667 CONTINUING REAL ESTATE EDUCATION (1) through (14) remain as amended in MAR Notice No. 24-210-29.

(16) remains as proposed in MAR Notice No. 24-210-30 but is renumbered (15).

 

                                                                                    BOARD OF REALTY REGULATION

                                                                                    MARILYN FLOBERG, CHAIRPERSON

 

/s/ DARCEE L. MOE                                                /s/ KEITH KELLY

Darcee L. Moe                                                          Keith Kelly, Commissioner

Alternate Rule Reviewer                                           DEPARTMENT OF LABOR AND INDUSTRY

 

 

Certified to the Secretary of State October 29, 2007