BEFORE THE Department of AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.10.101 through 4.10.103, 4.10.108, 4.10.401, 4.10.403, and 4.10.404 pertaining to financial responsibility

) ) ) )

NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On March 15, 2019, the Department of Agriculture published MAR Notice No. 4-19-256 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 264 of the 2019 Montana Administrative Register, Issue Number 5.

 

2. The department has amended the following rules as proposed: ARM 4.10.102, 4.10.103, 4.10.108, 4.10.401, 4.10.403, and 4.10.404.

 

           3. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

4.10.101 FINANCIAL RESPONSIBILITIES (1) and (2) remain as proposed.

(3) The department will facilitate a one-year phase-in period starting January 2020, to allow pesticide applicators to begin transitioning to the new requirements before January 2021.

 

           4. The department has thoroughly considered the comments and testimony received. A summary of the comments received, and the department's responses are as follows:

 

COMMENT #1:  By omitting the deductible requirement, we feel that the proposed rule assures required pesticide applicator insurance is both available and affordable. Our only request is to allow for a phase-in period of the rule so that applicators can begin transitioning to new financial responsibility requirements before January 2021.

 

RESPONSE #1: The department concurs with the request and will include a phase-in period, beginning January 2020.

 

 

/s/ Cort Jensen                                           /s/ Ben Thomas                                          

Cort Jensen                                                Ben Thomas

Rule Reviewer                                            Director

                                                                   Agriculture

 

Certified to the Secretary of State April 30, 2019.