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Montana Administrative Register Notice 37-702 No. 1   01/15/2015    
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BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the adoption of New Rules I and II and the amendment of ARM 37.5.118, 37.5.304, 37.5.307, 37.47.602, 37.47.610, 37.47.613, 37.47.615, and 37.51.216 pertaining to substantiations of child abuse and neglect and background checks for placement and licensing

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION AND AMENDMENT

 

TO: All Concerned Persons

 

            1. On February 4, 2015, at 10:00 a.m., the Department of Public Health and Human Services will hold a public hearing in Room 207 of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed adoption and amendment of the above-stated rules.

 

2. The Department of Public Health and Human Services 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 Public Health and Human Services no later than 5:00 p.m. on January 28, 2015, to advise us of the nature of the accommodation that you need.  Please contact Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.

 

3. The rules as proposed to be adopted provide as follows:

 

            NEW RULE I USE OF DETERMINATIONS IN CHILD ABUSE OR NEGLECT REPORT INVESTIGATIONS (1) Findings, determinations, and associated case records on child abuse or neglect reports that are determined as unfounded, unsubstantiated, or founded are considered detrimental to the subject of the report and cannot be disclosed to any person other than the subject of the report without a valid court order.

(2) Child abuse or neglect reports that are determined to be unfounded, unsubstantiated, or founded cannot be the sole basis to deny a person a license to provide foster care, kinship care, or to be employed in a capacity where they have unsupervised access to children.

(3) Findings, determinations, and associated case records on child abuse or neglect reports that are determined to be substantiated are confidential, but may be disclosed pursuant to 41-3-205, MCA.

(4) Child abuse or neglect reports that are determined to be substantiated may be used as a basis to deny a person a license to provide foster care, kinship care, or to be employed in a capacity where they have unsupervised contact with children.

(5) Nothing in this rule prohibits the department or its personnel from using the facts discovered during an investigation and the associated case record of a child abuse or neglect report investigation, as necessary, to support district court actions under Title 41 of the Montana Code Annotated or the department's administrative process.

 

AUTH: 41-3-205, 41-3-304, MCA

IMP: 41-3-205, 41-3-304, MCA

 

NEW RULE II DISQUALIFYING CRIMINAL OFFENSE FOR ADULTS RESIDING IN POTENTIAL EMERGENCY PLACEMENT (1) "Disqualifying criminal offenses" for adults residing in emergency placements are the same criminal offenses set forth for youth foster homes in ARM 37.51.216(1) and 45 CFR 1356.30.

 

AUTH: 41-3-304, MCA

IMP: 41-3-304, MCA

 

            4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            37.5.118 SUBSTANTIATED DETERMINATIONS OF REPORTS OF CHILD ABUSE OR NEGLECT: APPLICABLE HEARING PROCEDURES (1) remains the same.

            (2) No hearing is available for child abuse or neglect reports that are determined as unfounded, unsubstantiated, or founded.

 

AUTH: 2-4-201, 41-3-208, MCA

IMP: 2-4-201, 2-4-612, 41-3-203, 41-3-204, MCA

 

            37.5.304 DEFINITIONS For purposes of this subchapter, unless the context requires otherwise, the following definitions apply:

            (1) "Adverse action" means:

            (a) through (o) remain the same.

            (p) a department determination denying, reducing, terminating, or failing to act upon a guardianship subsidy request within one year of the request as provided in ARM Title 37, chapter 5 50, subchapter 11; or

            (q) a department determination denying, reducing, terminating, or failing to act upon an adoption subsidy request within one year of the request as provided in ARM Title 37, chapter 50, subchapter 11;

            (r) a department determination denying, reducing, terminating, or failing to act upon an application for a license to provide foster care or kinship care; or

            (q) remains the same, but is renumbered (s).

            (i) through (13) remain the same.

 

AUTH: 41-3-208, 50-53-103, 52-2-111, 52-2-622, 52-2-704, 53-2-201, 53-2-606, 53-4-212, 53-6-111, 53-6-113, 53-7-102, 53-20-305, MCA

IMP: 41-3-202, 41-3-208, 50-53-101, 50-53-102, 50-53-103, 50-53-104, 50-53-106, 50-53-107, 52-2-603, 52-2-704, 52-2-726, 53-2-201, 53-2-606, 53-6-101, 53-6-107, 53-6-111, 53-6-113, 53-20-305, MCA

 

            37.5.307 OPPORTUNITY FOR HEARING (1) A claimant who is aggrieved by an adverse action of the department shall will be afforded the opportunity for a hearing as provided in this chapter.

            (a) remains the same, but is renumbered (2).

            (b) (3)  The freedom to request a hearing shall must not be interfered with in any way.  The local office of public assistance or child care resource and referral agency shall will assist a claimant who seeks help in requesting a hearing.

            (c) remains the same, but is renumbered (4).

            (i) (5)  A hearing request from a claimant must be received in writing within 30 days of the date of mailing of notice of the adverse action regarding:

            (A) through (C) remain the same, but are renumbered (a) through (c).

            (D) (d)  a proposal by the department to file a lien under 53-6-171, MCA; or.

            (ii) (6) Except for fair hearing requests on a substantiated report, Hhearing requests must be mailed or delivered to the department's Office of Fair Hearings, P.O. Box 202953, Helena, MT 59620-2953, except hearing requests to contest a substantiated report of child abuse, neglect or exploitation must be mailed or delivered to the Division Administrator, Department of Public Health and Human Services, Child and Family Services Division, 1400 Broadway, P.O. Box 8005, Helena, MT 59604-8005Requests for fair hearings on substantiated reports must be mailed to the Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, MT 59620.

            (d) (7)  Cases in which the sole issue is one of state or federal policy may be consolidated for a single group hearing. Each claimant shall will be permitted to present his their own case.

            (2) (8)  A provider other than a medical assistance provider who is aggrieved by an adverse action of the department shall must be granted the right to hearing as provided in this chapter, except as otherwise provided in other department rules.

            (a) remains the same.

            (b) A request for a hearing from a day care facility applicant, licensee, registrant, or legally unregistered provider must be received by the department in writing within ten days after the date of mailing of notice of the department's adverse action denying, suspending, canceling, reducing, modifying, or revoking a legally unregistered provider payment number or a day care license or registration certificate.

            (3) (9)  Medical assistance providers aggrieved by adverse department actions, other than medical assistance providers appealing eligibility determinations as a real party in interest, shall will be granted the right to a hearing as provided in ARM 37.5.310.

            (a) through (c)(ii) remain the same.

            (4) remains the same, but is renumbered (10).

 

AUTH: 2-4-201, 41-3-208, 41-3-1142, 52-2-111, 52-2-112, 52-2-403, 52-2-704, 52-3-304, 52-3-804, 53-2-201, 53-2-606, 53-2-803, 53-3-102, 53-4-111, 53-4-212, 53-4-403, 53-4-503, 53-5-304, 53-6-111, 53-6-113, 53-6-402, 53-7-102, 53-20-305, MCA

IMP: 2-4-201, 41-3-202, 41-3-205, 41-3-1103, 52-2-603, 52-2-704, 52-2-726, 53-2-201, 53-2-306, 53-2-401, 53-2-606, 53-2-801, 53-4-112, 53-4-212, 53-4-404, 53-4-503, 53-4-513, 53-5-304, 53-6-111, 53-6-113, 53-6-402, 53-20-305, MCA

 

            37.47.602 PROTECTIVE SERVICES: DEFINITIONS For purposes of this subchapter, the following definitions shall apply:

            (1)  (2)  "Case records" means any records maintained by the department relating to reports and investigations of child abuse, neglect, or exploitation. Photographs, video and audio tapes recordings may also be included as part of the case record. The term does not include confidential reports or evaluations, such as psychological evaluations, provided to the department by other professionals, or licensing or registration files of providers licensed, registered, or certified by the department.

            (2) (3)  "Child abuse or neglect" means that defined in 41-3-102, MCA, including the various definitions for the types of abuse, neglect, and exploitation.

            (3) through (5) remain the same, but are renumbered (4) through (6).

            (7) "Founded report" means that, after an investigation, the investigating worker has determined that there is probable cause to believe that an act of child abuse or neglect occurred.

            (6) remains the same, but is renumbered (1).

            (7) (8)  "Report of child abuse, neglect, or exploitation" means a referral alleging that a child may be abused, neglected, or exploited.

            (8) (9)  "Subject" means the person responsible for a child's welfare who is the alleged perpetrator of the child abuse, neglect, or exploitation.

            (9) (10)  "Substantiated report" means that, after an investigation, the investigating worker has determined by a preponderance of the evidence that the reported act of child abuse, neglect, or exploitation occurred, based upon credible information or facts and that the perpetrator of the abuse, neglect, or exploitation may pose a danger to children.

            (10) "Unfounded report" means that, after an investigation, the investigating worker has determined the reported abuse, neglect or exploitation has not occurred.

            (11) "Unsubstantiated report" means that, after an investigation, the investigator was unable to determine by a preponderance of the evidence that the reported abuse, neglect or exploitation occurred.

 

AUTH: 2-4-201, 41-3-208, 52-3-205, MCA

IMP: 2-4-201, 41-3-102, 41-3-202, 41-3-205, 52-3-205, MCA

 

            37.47.610 CHILD PROTECTIVE SERVICES: RIGHT TO FAIR HEARING TO CONTEST SUBSTANTIATED REPORTS (1) The subject of a substantiated child abuse or neglect report that is determined to be substantiated may request a fair hearing unless the circumstances provided in ARM 37.47.615 exist.

            (2) The request for a fair hearing must be in writing and be sent within 30 days after the date of mailing of the department's initial notice of its substantiation determination. The request must be sent to: Division Administrator, Department of Public Health and Human Services, Child and Family Services Division, 301 S. Park, P.O. Box 8005, Helena, MT 59604-8005 the Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, MT 59604.

            (3) Upon receipt of the request for a fair hearing, the department will conduct an informal review of the substantiated report and the case record information.

            (a) remains the same.

            (b) If, after the informal review, the department determines that the substantiated report is in error, the department will amend the finding to reflect that the report is unfounded, unsubstantiated, or founded. and notify t The subject of the decision will be notified of the decision.

            (c) If, after the informal review, the department determines that the substantiated report is not in error, the department will notify the department's oOffice of fFair hHearings so that a hearing date and time may be scheduled.

            (4) The fair hearing will be conducted pursuant to Title 2, chapter 4, part 6, MCA, of the Montana Administrative Procedure Act and ARM 37.5.118 the procedures specified in ARM 37.5.304, 37.5.307, 37.5.313, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334, and 37.5.337, subject to the limitations specified in ARM 37.47.615.

            (5) A hHearsay statements of the child victim is are admissible as evidence in the fair hearing if the statement is sufficiently indicative of its reliability, in accordance with Montana law on a substantiated child abuse or neglect reportThe administrative law judge will determine the weight to give each child victim's hearsay statement. The factors to be considered in determining the weight of the child hearsay statement include:

            (a) through (d) remain the same.

            (6) Hearsay statements of persons other than the child victim are admissible in accordance with Montana Rules of Evidence and relevant case law.

            (6) remains the same, but is renumbered (7).

            (8) A fair hearing is not available for reports that are determined to be unfounded, unsubstantiated, or founded.

 

AUTH: 2-4-201, 41-3-208, MCA

IMP: 2-4-201, 2-4-612, 41-3-203, 41-3-204, MCA

 

            37.47.613 CHILD PROTECTIVE SERVICES: LISTING OF DETERMINATION IN THE PROTECTION INFORMATION SYSTEM (1) and (2) remain the same.

            (3) If the subject requests a fair hearing pursuant to ARM 37.47.610(2), the department's determination will be listed as pending in its protective services information system until all administrative appeals have been exhausted and all judicial appeals have been decided.

            (4) Reports of child abuse or neglect that are determined to be unfounded or unsubstantiated will be listed in the department's protective services information system described in ARM 37.47.315, subject to the confidentiality provisions of [New Rule I] until purged in accordance with 41-3-202, MCA.

            (5) Reports of child abuse or neglect that are determined to be founded will be listed in the department's protective services information system described in ARM 37.47.315 for a period of three years from the date of the report, subject to the confidentiality provisions of [New Rule I] and the retention requirements contained in (8).

            (6) Reports of child abuse or neglect that are determined to be substantiated will be listed in the department's protective services information system described in ARM 37.47.315 in perpetuity, subject to the confidentiality provisions of [New Rule I].

            (7) Child abuse or neglect reports that are received by the department but are not investigated will be listed in the department's protective services information system described in ARM 37.47.315 for informational purposes for a period of one year from the date of the report.

            (8) Informational and founded reports that are associated with a prior or subsequent child abuse or neglect report that is investigated and determined as unsubstantiated or substantiated will be retained in the department's protective services information system described in ARM 37.47.315 for the applicable time period for the associated report.

 

AUTH: 2-4-201, 41-3-208, MCA

IMP: 2-4-201, 41-3-202, 41-3-204, MCA

 

            37.47.615 CHILD PROTECTIVE SERVICES: EXCEPTIONS TO RIGHT TO FAIR HEARING (1) The subject of a substantiated report of child abuse, neglect, or exploitation is not entitled to a fair hearing if:

            (a) the subject has been criminally convicted, as defined in 45-2-101(15), MCA, of an offense related to child abuse, neglect, or exploitation which contains the same facts as the substantiated report and involves the same child victim; or

            (b) pursuant to 41-3-437(2) or 41-3-434, MCA, there has been a district court adjudication, or a stipulation by the parents, that the child in the substantiated report is a youth in need of care, as defined in 41-3-102, MCA; and

            (i) the facts of the district court adjudication, or the allegations in the affidavit in the case of a stipulation, are the same as that of the substantiated report; and

            (ii) the subject of the substantiated report has been determined by the district court to be is the perpetrator of the child abuse, neglect, or exploitation; or

            (c) a court or administrative hearing officer has made any

adjudication in a prior proceeding as to the factual findings of the child abuse, neglect, or exploitation contained in the substantiated report.

 

AUTH: 2-4-201, 41-3-208, MCA

IMP: 2-4-201, 41-3-205, MCA

 

            37.51.216 YOUTH FOSTER HOMES: NEGATIVE LICENSING ACTION

            (1) The department, through written notice to the applicant, or licensee, or potential emergency placement shall will deny, revoke, or restrict a license or emergency placement upon finding that:

            (a) the applicant, licensee, or member of the applicant's or licensee's household has a conviction for a serious any of the following types of crimes:, such as but not limited to

            (a) felony crimes involving violence such as homicide, sexual intercourse without consent, sexual assault, aggravated assault, assault on a minor, assault on an officer, assault with a weapon, kidnapping, aggravated kidnapping, prostitution, robbery, or burglary; spousal abuse, felony partner-family member assault, and felony aggravated assault, but not including other assault and battery;

            (b) the applicant, licensee, or member of the applicant's or licensee's household has a conviction for a crime pertaining to children or families, including but not limited to acts and other crimes against children such as child abuse or neglect, endangering the welfare of a child, incest, child sexual abuse, ritual abuse of a minor, felony partner or family member assault, child pornography, child prostitution, internet crimes involving children, felony endangering the welfare of a child, and felony unlawful transactions with children,; or aggravated interference with parent-child contact; or

            (c) the applicant, licensee, or member of the applicant's or licensee's household has within the previous five years had a felony conviction for a drug related offense, including but not limited to use, distribution, or possession of controlled substances, criminal possession of precursors to dangerous drugs, criminal manufacture of dangerous drugs, criminal possession of imitation dangerous drugs with the purpose to distribute, criminal possession, manufacture or delivery of drug paraphernalia, or driving under the influence of alcohol or other drugs if within the previous five years; or

            (d) other crimes such as misdemeanor assault and battery, including misdemeanor partner-family member assault, robbery or burglary if convicted within the previous five years; or

            (d) (e)  the applicant, licensee, or member of the applicant's or licensee's household has been convicted of crimes against older persons or developmentally disabled persons such as abuse, sexual abuse, neglect, or exploitation of an elderly person or a person with a developmental disability.

            (2) The department, through written notice to the applicant or licensee, may deny, suspend, restrict, or revoke a license upon a finding that:

            (a) the applicant, licensee, or member of the licensee's household has a conviction for misdemeanor partner/family member assault, misdemeanor endangering the welfare of a child, misdemeanor unlawful transaction with children, or a crime involving an abuse of the public trust;

            (b) through (e) remain the same, but are renumbered (a) through (d).

            (f) (e)  the foster parent has been named as the perpetrator of child abuse or neglect in a substantiated report of abuse or neglect;

            (g) (f)  the foster parent failed to report an incident of suspected child abuse or neglect of any child to the department as required by 41-3-201, MCA, within 24 hours of receiving information pertaining to the incident;

            (h) and (i) remain the same, but are renumbered (g) and (h).

            (3) and (4) remain the same.

 

AUTH: 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA

IMP: 2-4-631, 52-1-103, 52-2-111, 52-2-601, 52-2-621, 52-2-622, MCA

 

            5. STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (department) is proposing to adopt New Rules I and II and to amend ARM 37.5.118, 37.5.304, 37.5.307, 37.47.602, 37.47.610, 37.47.613, 37.47.615, and 37.51.216 pertaining to the determinations of child abuse or neglect reports as well as a person's right to a fair hearing resulting from such reports. New Rule I and proposed amendments to the existing administrative rules are necessary to update the rules to reflect the policies and practices of the department as to the use of the information collected during child abuse or neglect investigations. Specifically, the department is adding a new category to its child abuse or neglect determinations. Currently the investigating worker can determine that a child abuse or neglect report is in one of three categories: unfounded, unsubstantiated, or substantiated. The unfounded and unsubstantiated categories are adequate for those investigations that do not find acts of abuse or where children are not endangered. The definition for a substantiated report is problematic as it sets forth a high evidentiary standard that does not reflect department practice when it comes to concerns about child safety in the household. In practice, many investigations yield information that indicate that a child has been abused or neglected or raises concerns about the child's safety, but does not provide evidence to the preponderance of the evidence standard necessary under the definition for substantiated. In these cases, the department may initiate some action to protect the children and help the family, yet cannot substantiate abuse and neglect to the preponderance of the evidence standard. By implementing an additional determination category of "founded," the department will be able to describe properly the outcome of many investigations where abuse and neglect is indicated, but not substantiated.

 

The department is also proposing to update language in these rules to correspond with current terminology and to remove language that is no longer pertinent.

 

New Rule I

 

Proposed New Rule I provides how the department will use determinations of child abuse or neglect investigations. This rule is necessary because Montana law states that the department must investigate child abuse or neglect reports and make a determination, yet it does not say how the department can use the information from those determinations. New Rule I would provide a framework that allows disclosure of some information, while providing for confidentiality.

 

New Rule II

 

Proposed New Rule II sets forth what crimes will disqualify a person from consideration as an "emergency placement" for an abused child. This rule is necessary, as statute requires the department to adopt disqualifying crimes for background checks of emergency placements.

 

ARM 37.5.118

 

The department is proposing to amend ARM 37.5.118 to clarify that only child abuse or neglect reports that are substantiated are eligible for a fair hearing. This is necessary as the current rules do not explicitly state that fair hearings are not available for reports other than those child abuse and neglect reports that are substantiated. This amendment is necessary in light of the addition of the "founded" report definition in ARM 37.47.602.

 

ARM 37.5.304

 

The department is proposing to amend ARM 37.5.304 to clarify that certain determinations of subsidies for guardianships and adoptions are also granted a fair hearing. This proposed change is necessary to adopt into rule current department practice regarding the grant of a fair hearing to a potentially aggrieved party.

 

ARM 37.5.307

 

The department is proposing to amend ARM 37.5.307 to revise the proper mailing address for fair hearing requests. This amendment is necessary, as the department's practice of processing requests for fair hearings has changed along with the mailing address for sending such requests.

 

ARM 37.47.602

 

The department is proposing to amend ARM 37.47.602 to add a new definition for "founded" reports. Statute only defines unfounded and unsubstantiated reports. Substantiated reports are defined in ARM 37.47.602(9), based upon a preponderance of the evidence standard. An additional definition for "founded" reports is necessary as many investigations will find concerns about child safety, but not sufficient evidence of actual abuse or neglect to the preponderance of the evidence standard of a substantiated report. This additional definition will provide the investigating worker with an additional category to determine the outcome of a child abuse or neglect report, and the additional amendments remove the definitions of unfounded and unsubstantiated since they are defined in statute.

 

ARM 37.47.610

 

The proposed amendments to ARM 37.47.610 are mostly clerical to clarify and provide the proper address for fair hearing requests. The proposed amendment to (5) on child hearsay statements is necessary to clarify the standard the department will use for this type of hearsay evidence and to ensure that children are not a necessary party to appear and testify at these administrative hearings. Frequently in fair hearings on substantiated reports, the child victims are still in the custody of their parents and it may be inappropriate to ask them to attend a hearing to testify against a parent with whom they currently live. Further, it is common practice in state district court dependency and neglect cases for the department to rely upon hearsay statements of the children, so this change will conform to the practice of Montana's district courts.

 

ARM 37.47.613

 

The department is proposing to amend ARM 37.47.613 to clarify the length of time each determination report category will be listed in the department's protective services information system. The amendments also contain a reference to New Rule I regarding confidentiality. These amendments are necessary to guide the department and inform the public as to the department's information retention practices involving child abuse or neglect reports.

 

ARM 37.47.615

 

The department is proposing to amend ARM 37.47.615 to clarify when a fair hearing on a substantiated report is not available. The amendment, which adds stipulation by the parties as a basis for denying a fair hearing, is necessary as many times children are removed from their homes and the parents stipulate to adjudication without stipulating to the facts of the abuse or neglect. Under the current rule, if the parents stipulate to adjudication but not to the facts of the abuse, the department must give them a fair hearing. If children are removed from their families and adjudicated as a Youth in Need of Care, there is no reason for an additional hearing on the substantiated report of the same incident(s).

 

ARM 37.51.216

 

The department is proposing to amend ARM 37.51.216, which is necessary to conform to the requirements of the federal Adam Walsh Act (Public Law 109-248) and for consistency with the other proposed amendments involving determinations of child abuse or neglect reports.

 

Fiscal Impact

 

There is no fiscal impact from these proposed new rules and amendments.

 

            6. The department intends to apply the following rules effective on July 1, 2015: New Rule I; ARM 37.5.118, ARM 37.47.602 except for (10) and (11); ARM 37.47.610(8); and ARM 37.47.613. The reason for the future effective date is to give time for the updating of forms and other documents used by the State of Montana and Montana counties. All other proposed amendments will be effective the day after publication of the final adoption notice

 

            7. 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: Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail dphhslegal@mt.gov, and must be received no later than 5:00 p.m., February 12, 2015.

 

8. The department's Office of Legal Affairs has been designated to preside over and conduct this hearing.

 

9. 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 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 7 above or may be made by completing a request form at any rules hearing held by the department.

 

10. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

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

 

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

 

 

/s/ Mark Prichard                                          /s/ Richard H. Opper                                   

Mark Prichard, Attorney                               Richard H. Opper, Director

Rule Reviewer                                             Public Health and Human Services

 

 

Certified to the Secretary of State January 5, 2015.

 

 

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