Montana Administrative Register Notice 6-262 No. 11   06/12/2020    
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In the matter of the amendment of ARM 6.6.8301 pertaining to establishment, deletion, or revision of classifications for various industries for supplementing the NCCI Basic Manual for Workers' Compensation and Employers Liability Insurance










TO: All Concerned Persons


           1. On July 8, 2020, at 10:00 a.m., the Classification Review Committee will hold a public hearing via remote conferencing to consider the proposed amendment of the above-stated rule. Because there currently exists a state of emergency in Montana due to the public health crisis caused by the novel coronavirus, there will be no in-person hearing.  Interested parties may access the remote conferencing platform by telephone at 1-978-990-5402 and enter Conference ID 8288428. This conference will be recorded.


2. The Classification Review Committee 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 Classification Review Committee no later than 5:00 p.m. on June 23, 2020, to advise us of the nature of the accommodation that you need. Please contact Michael Craddock, Underwriting Dispute Consultant, NCCI, c/o Regulatory Assurance Department, 901 Peninsula Corporate Circle, Boca Raton FL 33487-1362; telephone (561) 893-3820; fax (561) 893-5365; or e-mail Michael_Craddock@NCCI.com.


3. The affected rule is shown below and no changes will be made to that rule. However, the Basic Manual for Workers' Compensation and Employers Liability Insurance (Basic Manual) incorporated by reference in this rule is supplemented by classification codes that are established, deleted, or revised in accordance with (2) of the rule and 33-16-1023(3), MCA.


            6.6.8301  ESTABLISHMENT OF CLASSIFICATION FOR COMPENSATION PLAN NO.2 AND PLAN NO.3  (1) and (2) remain the same.


AUTH: 33-16-1012, MCA

IMP: 2-4-103, 33-1-115, 33-16-1012, MCA


REASON:  It is necessary to supplement the NCCI Basic Manual incorporated by reference in ARM 6.6.8301 by establishing, deleting or revising classification codes in the Basic Manual that apply to various industries, through rulemaking procedures. The Classification Review Committee approved proceeding to rulemaking to supplement the Basic Manual with Item Filing B-1438 classifications for oil and gas field operations; Item Filing B-1439 classifications and Appendix E including construction salespersons and estimators; Item Filing B-1440 revisions to basic manual and reformatting, preface and Appendix G; Item Filing 01-MT-2020, classifications for irrigation pipe installation, Item Filing B-1440 to be effective October 1, 2020, and the remaining filings to be effective July 1, 2021.


For additional details on classifications to be established, deleted, or revised in the filing see the Montana Workers Compensation Classification Review (CR) Committee materials, including executive summaries, at: https://csimt.gov/laws-rules/public-notices/.


           4.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the CR Committee attention of: Michael Craddock, Regulatory Disputes Consultant, NCCI, c/o Regulatory Operations Department, 901 Peninsula Corporate Circle, Boca Raton FL 33487-1362; telephone (561) 893-3820; fax (561) 893-5365; or e-mail Michael_Craddock@NCCI.com, and must be received no later than 5:00 p.m. MST, July 16, 2020.


5.  Mary Belcher, State Auditor's Office, has been designated to preside over and conduct this hearing.


6.  The Classification Review Committee maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this committee.  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 committee.


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


8. With regard to the requirements of 2-4-111, MCA, the Classification Review Committee has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.



/s/ Mary Belcher                    /s/ Greg Rodifer     

Mary Belcher                         Greg Rodifer

Rule Reviewer                       Committee Chair     


Certified to the Secretary of State June 2, 2020.


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