Mont. Admin. R. 1.3.309 - RULEMAKING, PROPOSAL NOTICE
(1) Per
2-4-302,
MCA, a notice of proposed rulemaking involves the following:
(a) An agency shall contact the primary
sponsor of any legislation when the agency begins work on the initial rule
proposal implementing one or more sections of that legislation. If a proposed
rule implements more than one bill, the primary sponsor of each bill must be
contacted. If the legislation affected more than one program, contact must be
made with the primary sponsor each time that a rule is being proposed to
initially implement the legislation for a program, even if another agency has
previously initiated rulemaking under that legislation.
(i) When the bill sponsor contact
requirements apply, the proposal notice must state the date on which and the
manner in which contact was made with the primary sponsor, per
2-4-302,
MCA.
(b) An agency shall
file for publication with the secretary of state a notice of intent to adopt,
amend, or repeal a rule. On the same day, the agency shall send each member of
the staff of the appropriate administrative rule review committee an electronic
copy of the notice in accordance with
2-4-302,
MCA.
(c) An agency shall post the
notice on the state electronic access system or other available electronic
communications system available to the public. Posting on the agency's home
page is adequate.
(d) Within three
days of publication pursuant to this rule, an agency shall send copies of the
notice to:
(i) all interested persons;
and
(ii) the primary sponsor of the
legislation being implemented, if the notice is the initial rule proposal
regarding that legislation. If a proposed rule implements more than one bill,
the primary sponsor of each bill must receive a copy of the notice.
(e) Current or former legislators
who wish to be contacted regarding initial proposals must keep their name,
address, e-mail address, and telephone number on file with the secretary of
state. Agencies proposing rules shall consult that listing.
(f) An agency may send a copy of the notice
to a statewide wire service and any other news media it considers appropriate,
per
2-3-105,
MCA.
(g) Whenever practicable and
appropriate, the agency may send written notice to licensees of the agency, per
2-4-631, MCA.
(2) Notice of agency action must
be published within six months of the date on which notice of the proposed
action was published, per
2-4-305,
MCA.
(3) The contents of the
notice shall include the following:
(a) The
notice of public hearing, as illustrated by template 309a (https://sosmt.gov/arm/templates),
must include all notice items required by
2-4-111,
2-4-302,
and
2-4-305,
MCA, summarized as follows:
(i) The agency
may issue a single public notice that it intends to adopt, amend, or repeal
several rules dealing with the same subject matter in a single
proceeding.
(ii) Where amendment of
an existing rule is sought, the rule shall be set forth with proposed deletions
interlined and proposed additions underlined. Unchanged sections and
subsections may be referred to by the earmark and summarized as "remains the
same." Numbered tables may be referred to by the number and summarized as
"remains the same."
(iii) If an
agency is proposing to adopt a rule that it determines will significantly and
directly impact small businesses, the agency shall include a statement of that
determination in its proposal notice.
(iv) The agency shall include in its notice
an easily understood statement of reasonable necessity which contains the
principal reasons and the rationale for each proposed rule. One statement may
cover several proposed rules if appropriate, and if the language of the
statement clearly indicates which rules it covers. An inadequate statement of
reasonable necessity cannot be corrected in an adoption notice. The corrected
statement of reasonable necessity must be included in a new notice or
supplemental notice of proposed action. If an agency uses an amended proposal
notice to amend a statement of reasonable necessity, the agency shall allow
additional response time as required in
2-4-305,
MCA.
(A) The statement of reasonable
necessity must be more substantive than stating the statute that authorizes
rulemaking. A statute mandating that the agency adopt rules establishes the
necessity for rules but does not, standing alone, constitute reasonable
necessity for a rule.
(B) When an
agency proposes to change or introduce a monetary amount that a person shall
pay or will receive, such as a fee, cost, or benefit, the statement of
reasonable necessity must state an estimate, if known, of the number of persons
affected and the cumulative amount of the change for all persons.
(v) The agency shall include in
its notice information describing the interested persons list and explaining
how persons may be placed on that list, per
2-4-302,
MCA.
(vi) An agency may adopt a
rule which adopts by reference any model code, federal agency rule, rule of any
agency of this state, or other similar publication if the publication of the
model code, rule, or other publication would be unduly cumbersome, expensive,
or otherwise inexpedient. The notice must contain a citation to the material
adopted by reference, a statement of its general subject matter content, and
where a copy of the material may be obtained. Amendments to incorporated
material are not effective unless adopted pursuant to
2-4-307,
MCA.
(vii) The agency shall
include, at the end of each rule noticed, a citation to the authority for the
proposed rule, and citation to the MCA section(s) or session laws being
implemented. When an amendment to a rule is proposed, any new citations that
constitute authority or implementation for the amendment must be underlined and
any stricken citations must be interlined. If a proposed action implements a
policy of a governing board or commission, the notice must include a citation
to and description of the policy implemented.
(viii) The agency shall include a designation
of the officer or authority who will preside at and conduct the hearing.
(b) When an agency does
not plan to hold a public hearing, as illustrated by template 309b (https://sosmt.gov/arm/templates),
the notice must include:
(i) all notice items
required by
2-4-111,
2-4-302
and
2-4-305,
MCA, as summarized above;
(ii) a
statement that any interested person desiring to express or submit data, views,
or arguments at a public hearing must request the opportunity to do so, and
that if 10% or 25, whichever is less, of the persons directly affected; or a
governmental subdivision or agency; or an association having not less than 25
members who will be directly affected; or the Legislature's appropriate
administrative rule review committee request a hearing, a hearing will be held
after appropriate notice is given. Reference to the appropriate administrative
rule review committee is unnecessary if the full Legislature, by joint
resolution, has ordered the repeal of a rule;
(iii) a statement of the number of persons
which constitutes 10% of those directly affected; and
(iv) the name and address of the person to
whom a request for public hearing must be submitted, and the date by which a
request must be submitted.
(4) When a hearing has been properly
requested per
2-4-302,
MCA, the agency shall send notice of the hearing to persons who have requested
a public hearing. Also, notice must be published in the register, per
2-4-302,
MCA.
(a) As illustrated by template 309c
(https://sosmt.gov/arm/templates),
the notice shall state that the hearing is being held upon request of the
requisite number of persons designated in the original notice, per
2-4-302,
MCA, or the appropriate administrative rule review committee of the
Legislature,
2-4-402,
MCA, or a governmental agency or subdivision, or an association.
Notes
AUTH: 2-4-202, MCA; IMP: 2-4-202, 2-4-302, 2-4-305, 2-4-307, MCA
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