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Montana Administrative Register Notice 8-94-177 No. 24   12/27/2019    
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BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 8.94.3802, 8.94.3804, 8.94.3805, 8.94.3807, 8.94.3809, and 8.94.3812 pertaining to the Treasure State Endowment Program (TSEP)

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NOTICE OF PROPOSED REPEAL

 

 

NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

           1.  On February 4, 2020, 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 the Department of Commerce no later than 5:00 p.m., January 29, 2020, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; TDD (406) 841-2731; facsimile (406) 841-2771; or e-mail to docadministrativerules@mt.gov.

 

3.  The department proposes to repeal the following rules:

 

8.94.3802 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE TREASURE STATE ENDOWMENT PROGRAM

 

AUTH: 90-6-710, MCA

IMP: 90-6-710, MCA

 

9.94.3804 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 1998 TREASURE STATE ENDOWMENT PROGRAM

 

AUTH: 90-6-710, MCA

IMP: 90-6-710, MCA

 

8.94.3805 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 1999 TREASURE STATE ENDOWMENT PROGRAM PROJECTS

 

AUTH: 90-6-710, MCA

IMP: 90-6-710, MCA

 

8.94.3807 INCORPORATION BY REFERENCE OF RULES FOR ADMINISTERING THE 2001 TREASURE STATE ENDOWMENT PROGRAM

 

AUTH: 90-6-710, MCA

IMP: 90-6-710, MCA

 

8.94.3809 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF TREASURE STATE ENDOWMENT GRANTS AWARDED BY THE 2003 LEGISLATURE

 

AUTH: 90-6-710, MCA

IMP: 90-6-710, MCA

 

8.94.3812 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF TREASURE STATE ENDOWMENT GRANTS AWARDED BY THE 2005 LEGISLATURE

 

AUTH: 90-6-710, MCA

IMP: 90-6-710, MCA

 

            REASON: The Department of Commerce has determined there is reasonable necessity to repeal ARM 8.94.3802, 8.94.3804, 8.94.3805, 8.94.3807, 8.94.3809, and 8.94.3812 because all projects initiated thereunder 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 written form or request an opportunity to submit data, views, or arguments in oral form to: Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana, 59620-0501; telephone (406) 841-2596; TDD (406) 841-2731; facsimile (406) 841-2771; or e-mail to docadministrativerules@mt.gov, and must be received no later than 5:00 p.m., January 24, 2020.

 

5. If persons who are directly affected by the proposed actions 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 24, 2020.

 

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 29, based on the 292 cities, counties, towns, tribes, and water-sewer districts that are eligible to apply for an TSEP 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 may 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 Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501, by fax to (406) 841-2701, by e-mail to docadministrativerules@mt.gov, or by completing a request form at any rules hearing held by the department.

 

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 repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Amy Barnes                                             /s/ Tara Rice                                                

Amy Barnes                                                  Tara Rice

Rule Reviewer                                              Director

                                                                      Department of Commerce

 

Certified to the Secretary of State December 17, 2019.

 

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