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EAIC Proposed Rules - 2015-16 Interim

*The complete text for any of the proposed rules listed below, including any hearing information, may be accessed by visiting http://mtrules.org and entering the MAR Notice Number in the "Search by Notice No." field in the bottom right-hand corner of the page.

Additional information regarding rulemaking and the Legislature's role in the administrative rulemaking prcess may be accessed here. Rule summaries presented to the Economic Affairs Committee are below.
June 2015 July - Aug 2015

Sept.-Oct. 2015
Addendum

Nov. 2015-Jan. 2016
Feb. - March 2016; Addendum April - May 2016 June - July 2016 Aug.-Sept. 2016

Dept. of Agriculture, administratively attached entities

Notice Date MAR Notice No. Agency, Board or Commission Subject Staff Memo /Other Documents
5-6-2016 4-16-233 Growth through Agriculture Proposes new rules for review of applications, monitoring of loans/grants, matching funds and shortfalls. May-June 2016
4-8-2016 4-16-231 Agricultural Sciences New rules proposed for pesticide certification and training plus fees.

May-June 2016

April addendum

Hearing set for April 29, 2016.

10-15-2015 4-14-230 Commodity Advisory Committee Revises petition process for commodity advisory committee. Repeals rules related to corn crop advisory committee vis-a-visHB 390.

November 2015

Adopted

10-15-2015 4-14-229 Mint Committee Repeals rules on mint committee, student loans, redundant public participation.

November 2015

Adopted

10-15-2015 4-14-228 Wheat and Barley Committee Lets committee set at least one application for grants a year. Disallows indirect costs in grant in general.

November 2015

Adopted

6-25-2015 4-14-227 Ag Sciences Division Revises weed seed free forage identification and transport rule.

August 2015

Adopted

5-28-2015 4-14-226 Ag Sciences Division Amends existing rules pertaining to state noxious weeds and regulated plants

June 2015

Adopted

5-28-2015 4-14-225 Ag Sciences - Organic Program Amends procedures and application and service fees for organic program.

June 2015

Adopted

Dept. of Commerce, administratively attached entities

Notice Date MAR Notice No. Agency, Board or Commission Subject Staff Memo/Other Documents
8-5-2016 8-94-149 Community Development Block Grants Proposes to adopt by reference guidelines for small-scale housing and rehabilitation grants.

Hearing set for Aug. 26.

August 2016

 

8-5-2016 8-119-148 Tourism Advisory Council Revises reference guide, including allowing joint ventures with the Department of Commerce or other lodging facility tax entities. August 2016
6-3-2016 8-94-147 Community Development Block Grants New rule proposed to incorporate by reference rules for affordable housing development projects.

Adopted

May-June 2016

6-3-2016 8-101-146 Montana Coal Board Proposes to revise language related to exclusions from environmental review to facilitate coordination.

 

May-June 2016

5-6-2016 8-111-145 Board of Housing Incorporates the 2017 qualified allocation plan and revises procedures for low-income housing tax credit program. May-June 2016
4-22-2016 8-94-144 Community Development Block Grants New rule proposed to incorporate by reference rules for housing and neighborhood renewal projects. May-June 2016
4-8-2016 8-94-142 Planning Bureau Federal Community Development Block Grant rules to be adopted by reference for 2017-2018.

April addendum

11-25-2015 8-2-139 Quality Schools Program Updating the application for quality schools grants.

Adopted

9-10-2015 8-119-137 Department of Commerce Repeals rules related to film tax credit incentives. Adopted
9-10-2015 8-99-138 Office of Tourism and Business Development Big Sky Economic Development Trust Fund guidelines Adopted
7-30-2015 8-99-136 Primary Sector Workforce Training Updates existing rule to use 2017 Biennium Primary Sector Workforce Training Grant Application guidelines.

August 2015

Adopted

7-30-2015 8-94-134 Treasure State Endowment Program Updates existing rule to use 2017 Biennium TSEP - Emergency Grants guidelines.

August 2015

Adopted

7-30-2015 8-2-135 Department of Commerce Proposed rule outlining what qualifies for categorical exclusions from the Montana Environmental Policy Act.

August 2015

Adopted

5-14-2015 8-99-132 State Tribal Economic Development Commission Repeal rules related to pilot program for Indian Language Preservation.

June 2015

Adopted repeal

4-30-2015 8-94-131 Community Development Division Amends rules to comply with federal regulations on community development block grants.

June 2015

Adopted

3-26-2015 8-111-129 Board of Housing Revises definition of qualified allocation plan for housing tax credit program.

June 2015

Adopted

Dept of Labor and Industry, administratively attached entities

Notice Date MAR Notice No. Agency, Board or Commission Subject Staff Memo/Other Documents
         
8-5-2016 24-189-35 Board of Psychologists Proposes to align minimum standards with American Psychological Association. Revises work sample, temporary permit rules. Proposes to repeal rules duplicated by department rules.

Hearing set for Aug. 29

August 2016

7-22-2016 24-162-40 Board of Nursing Home Administrators Proposes new rule to address nonroutine applications and fee schedule changes to help streamline applications. Repeals rules that duplicate activities done by department. August 2016
7-8-2016 24-183-42 Board of Prof. Engineers and Prof. Land Surveyors Proposes to remove emeritus status and implements HB 63 changes, which includes some rules being repealed on direct supervision and renewals. August 2016
6-17-2016 and 4-22-2016

24-29-314

Comments

Employment Relations (Workers' Compensation) Amends rules for medical service fee schedules. Adjusts conversion factors. May-June 2016
6-3-2016 24-207-40 Board of Real Estate Appraisers Removes prohibited use of online or certain alternative courses for continuing education.

May-June 2016

June 24, 2016 hearing set.

5-20-2016 24-171-36 Board of Outfitters Proposes to revise fees and rules on outfitter records, watercraft tags, experience out of state, fishing and hunting outfitters' operation plans and summaries, and submission of first aid certification with renewals. Proposes repeal of river-use transfers.

Public hearing was June 10, 2016.

May-June 2016

4-22-2016 24-219-30 Board of Behavioral Health Proposes rules for addiction counselors to join board. Sets qualifications for supervisors and treatment settings. Proposes to update rules related to fee schedules, military experience, out-of-state licensure, education, and applications. May-June 2016
4-8-2016 24-177-33 Board of Physical Therapy Examiners Proposes criteria to allow dry needling based on national guidelines. Prohibits delegation.

April addendum

May-June 2016

3-18-2016 24-159-82 Board of Nursing Proposes to revise delegation rules for nurses and unlicensed assistive persons. Repeal proposed for unneeded rules.

Hearing 4-8-2016

April 2016

2-19-2016 24-301-311 Building Codes Bureau Rules propose to update building code laws, adopt international code on swimming pools, spas, and wildland-urban interface, revise laws and fees related to factory-built buildings and--in line with 2013 statutory changes--revise use of motor homes or recreational vehicles. Repeal proposed for mostly redundant rules.

Hearing 3-11-2016

April 2016

2-19-2016 24-126-35 Board of Chiropractors Revises rules on patient records, continuing education, unprofessional conduct related to advertising and to a proposed rule regarding sexual relations with patients. Repeals outdated rules.

Hearing 3-11-2016

April 2016

1-22-2016 24-13-313 Workforce Services Division New rules proposed to implement HELP Act, SB 405, from the 2015 Session.

January 2016

11-25-2015 24-301-309 Building Codes Bureau Rules incorporate uniform plumbing code, implement SB 71 related to multiple boiler inspection fees, and incorporates by reference the International Wildland Urban Interface Code of 2012. January 2016
11-25-2015 24-29-312 Employment Relations Division Proposed rules for closing and reopening workers' compensation claims.

January 2016

11-25-2015 24-301-309 Department of Labor and Industry Proposed adoption of changes to boiler requirements as to SB 71, warewashing sink as to Uniform Plumbing Code, and new rule on International Wildland Urban Interface Code.  
11-12-2015 24-219-29 Board of Behavioral Health Amends some definitions, adds education and code of ethics requirements.

November 2015

10-29-2015 24-17-310 Employment Relations Div. Adoption of 2016 Prevailing Wage Rates. Repeal of rule on projects of a mixed nature.

November 2015

Adopted

10-29-2015 24-204-38 Board of Radiologic Technologists Revises fees, military training, code of ethics, and course requirements. Proposes repeal of renewal rule.

November 2015

Adopted

10-15-2015 24-155-5 Board of Massage Therapy Proposes to repeal grandfather admission clause, to implement SB 104. November 2015
10-15-2015 24-147-37 Board of Funeral Service Revises application for mortician license as to HB 110 and amends deposit time for prepaid funeral arrangements as to HB 225. November 2015
10-15-2015 24-301-308 Building Codes Amends and repeals rules related to the International Building Code and International Swimming Pool and Spa Code.

November 2015

Rules amended, adopted and repealed as noticed.

10-15-2015 24-129-16 Board of Clinical Laboratory Science Practitioners Adds association of bioanalysts to minimum license standards. Repeals application rule to avoid duplication. November 2015
10-15-2015 24-219-28 Board of Behavioral Health New rules would say who can perform psychological assessments, plus related requirements to implement SB 235.

November 2015

Adopted

9-24-2015 24-207-39 Board of Real Estate Appraisers Amends board organization, fees, definitions, examinations, applications, mentor requirements, renewals, record-keeping, and unprofessional conduct. Repeals renewal rule to avoid duplication.

November 2015

Also in January 2016 report

9-10-2015 24-121-13 Board of Barbers and Cosmetologists Adds rules regarding nonchemical barbering, revises rules related to sanitation, blood spills, nonroutine licenses, and inspector licenses. Adopted
8-13-2015 24-138-71 Board of Dentistry Rules affect dental auxiliaries, licensure by credentials of dentists and specialists, dental hygience limited access permits, denturist interns, conversion of inactive license, reactivation of expired license, military expertise, continuing education, and screening panels.

August 2015

Adopted

6-11-2015 24-21-302 Apprenticeship Program Apprenticeship training ratios.

June 2015

Adopted

5-14-2015 and 10-29-2015 24-177-32 Board of Physical Therapy Examiners Revises licensing terms to remove costly redundancy; sets process for dry needling practice.

Letter asking for EAIC hearing

Followup 9/8 Letter

June 2015

2 adoptions; 1 not adopted

5-14-2015 24-159-81 Board of Nursing Amends rule on intravenous therapy. Proposes rules for nurse licensure compact.

June 2015

Adopted

5-14-2015 24-174-66 Board of Pharmacy Amends rules on administering vaccines. Amends and repeals rules on dangerous drugs.

June 2015

Adopted

5-14-2015 24-11-304 Unemployment Insurance Div. Adopt rules on contacting unemployment office. Amends rules on notices and scope. Repeals rules on certain manuals, redundancies.

June 2015

Adopted

5-4-2015 24-171-35 Board of Outfitters Revises outfitter qualifications. June 2015
4-30-2015 24-29-306 Employment Relations Div. Revises facility and provider fees for workers' compensation; adjusts utilization and treatment guidelines.

June 2015

Adopted

4-30-2015 24-150-39 Board of Hearing Aid Dispensers Amends certain fees and testing requirements. Repeals renewal rule.

June 2015

Adopted

4-30-2015 24-210-42 Board of Realty Regulation Amends rules on continuing education, inactive licenses

June 2015

Adopted

3-12-2015 24-213-19 Board of Respiratory Care Practitioners Repeals rules on renewal process and board seal.

June 2015

Adopted repeal

3-12-2015 24-216-22 Board of Sanitarians Increases renewal fees. Removes NEHA-application fee option. Adopted
2-26-2015 24-156-82 Board of Medical Examiners Increases, revises license fees; revises continuing education for acupuncturists. Revises terms and rules for emergency care providers.

June 2015

Adopted

2-12-2015 24-16-303 Employment Relations Div., and Workforce Services Div. Updates rules regarding public health and safety laws, repeals rules covered by federal or state laws.

June 2015

Adopted

Dept. of Livestock, administratively attached entities

Notice Date MAR Notice No. Agency, Board or Commission Subject Staff Memo/Other Documents
7-22-2016 32-15-264 Brands Enforcement Proposes increasing inspection fee for horses, mules, asses. August 2016
6-3-2016 32-16-275 Milk and Egg Inspection Revises fee per hundredweight on milk production and sales; expands groups to be assessed.

Projected to impact 72 licensees.

May-June 2016

5-20-2016 32-16-274 Animal Health Revises rules for contact with rabid animals in line with Compendium of Animal Rabies Prevention and Control; revises reference to deputy state veterinarian. May-June 2016
3-18-2016 32-16-273 Animal Health Revises rules related to alternative livestock, to elk-red deer hybrid-type testing, and lowers age at which cattle IDs are needed for intrastate travel.  
2-19-2016 32-16-272 Board of Milk Control Proposes penalties that are consistent between the Milk Control Bureau and Board of Milk Control and meet SB 183's reinstatement terms [from 2015 session]. April 2016
1-22-2016 32-16-271 Meat and Poultry Inspection Proposes clarification to prevent release of products containing certain listeria. Proposes to remove certain reporting. January 2016
12/24/2015 32-15-270 Board of Milk Control Revises producer committee, by specifying its authority to control and pooling plan definitions. January 2016
12-24-2015 32-15-269

Board of Milk Control

Proposes revised assessment on milk producers and manufacturers. Lowers assessment on producer-distributor but no longer excludes butter, cream cheese, or cheese. So creates assessment for those producers. Rewords how out-of-state distributors pay fee. January 2016
11-12-2015

32-15-268

and public hearing notice

Dept. of Livestock Increases assessment to $0.2755 per hundredweight of all classes of milk produced each month. Sets minimum and maximum assessments. Impact to small businesses.

May 4 Meeting on Milk Assessments

November 2015

12-24-2015 32-15-267 Dept. of Livestock Proposes new rule on mandatory reports of feral swine. Updates rules on testing agent license fees and alternative livestock elk tags, plus extension of period for test on rodeo cattle, and revised rules on semen shipping. January 2016
9-10-2015 32-15-266 Board of Milk Control and Dept. of Livestock Revises assessment filing dates to monthly rather than quarterly and switches duty from Milk Control Board to the Department.The fee is unchanged. Adopted
4-30-2015 and 2-26-2015 32-15-260 Animal Health Div. Amends and repeals rules related to state veterinarian and deputy, importation, health certificates, and permits.

June 2015

Adopted

State Auditor's Office

Notice Date MAR Notice No. Agency, Board or Commission Subject Staff Memo/Other Documents
2-19-2016 6-221 Securities Division Proposes revisions to payouts of Securities Restitution Fund to allow for differences to those 60 years old and older as allowed under HB 57 {2015].

3-10-2016 hearing

April 2016

2-19-2016 6-219 Insurance Division Proposes new rule for enterprise risk reporting and revisions to form rules

No hearing planned

April 2016

10-29-2015 6-207 Insurance Division Rules propose to define and regulate the practice of those issuing bail bonds.

November 2015

January 2016

10-29-2015 6-220 Insurance Division Revises rules for patient-centered medical homes.

November 2015

Adopted

7-30-2015 6-218 Securities Division Revises notice filing requirements under Securities Act of 1933 section 18(b)(4)(d).

August 2015

Adopted

4-30-2015 6-215 Insurance Division Rules on long-term care policies clarify notice terms and limits what can be used to justify a premium rate change.

June 2015

Adopted

4-30-2015 6-214 Insurance Division Provides rules on fire tax premium allocations.

June 2015

Adopted

3-12-2015 6-213 Insurance Division Updates manual used in audited reports.

June 2015

Adopted

Montana State Fund

Notice Date MAR Notice No. Agency, Board or Commission Subject Staff Memo/Other Documents
4-8-2016 2-55-47 State Fund Proposes to let retrospectively rated policies get general dividends.

April addendum

No hearing set.

Division of Banking & Financial Institutions in Dept. of Administration

Notice Date MAR Notice No. Agency, Board or Commission Subject Staff Memo/Other Documents
8-5-2016 2-59-546 Dept. of Administration, Division of Banking & Financial Inst Proposes to define "regularly engaged" to fix licensing loophole for mortgage brokers, etc. Proposes 50% drop in 2017 license fees. August 2016
3-18-2016 2-59-543 Dept. of Administration, Division of Banking & Financial Inst Temporarily suspends fee for semiannual assessment on banks.

No hearing planned

April 2016

3-4-2016 2-59-542 Dept. of Administration, Division of Banking & Financial Inst Rules propose to allow credit unions to invest in public revenue bonds and revise net worth estimate. Director training rule to be updated.

No hearing planned

April 2016

10-15-2015 2-59-534 Dept. of Administration, Division of Banking & Financial Inst Amends record keeping and reporting forms for mortgage brokers, lenders or servicers.

November 2015

Adopted

10-15-2015 2-59-533 Dept. of Administration, Division of Banking & Financial Inst Amends rules related to implement HB 550 regarding credit unions: supervisory committees, investments, and boards of directors.

November 2015

Adopted

10-15-2015 2-59-522 Dept. of Administration, Division of Banking & Financial Inst Proposes rules for closing consumer loan business and reimbursing department for administrative action. Amends rules on credit insurance, examination fees, license surrender, and reporting.

November 2015

Adopted

7-30-2015 2-59-528 Dept. of Administration, Division of Banking & Financial Inst. Reduces by 50% through March 17, 2016, renewal fees for mortgage brokers, etc. Revises existing rule to remove exception for new applicant.

August 2015

Adopted

4-16-2015 2-59-526 Dept. of Administration, Division of Banking & Financial Inst. Reduces bank assessment until 8-31-2015. Adopted

Governor's Office of Economic Development

Notice Date MAR Notice No. Agency, Board or Commission Subject Staff Memo/Other Documents
         

 

 

 

 

 

 

 

 

 


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8/18/2016 3:57:01 PM