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EAIC Proposed Rules - 2017-18 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 2017 review

July 2017 review

September 2017 review January 2018 review April 2018 Review    

Dept. of Agriculture, administratively attached entities

Notice Date (MM/DD/YYYY)
MAR Notice No.
Agency
Subject
Staff Memo/
Other Documents
  4-18-247 Agriculture Proposed rules related to feed and pet food March email
  4-18-246 Agriculture Proposed amendments to fertilizer regulations to update reporting and align with HB 131 (2017) March email
1/26/2018 4-18-245 Montana State Grain Laboratory Proposed rule adoption and repeal related to fee schedules. March email
12/22/2017 4-17-244 Montana Cherry Advisory Committee The proposed repeal of rules follows a 52-17 vote by cherry producers in November 2017 to eliminate the Montana Cherry Research and Marketing Development Program. January 2018 review
12/22/2017 4-17-243 Pulse Crop Committee Adoption of rules for the Montana Pulse Crop Committee created under SB 285 and repeal of rules related to the Pulse Crop Advisory Committee. January 2018 review
11/24/2017 4-17-241 Agriculture Seed labeling  
8/18/2017 4-17-239 Agriculture Nursery program  
6/18/2017 4-17-240 Agriculture Proposes rules to set annual pesticie registration fees.

September 2017 review

Hearing 9/7/2017

2/17/2017 4-17-238 Board of Hail Insurance Proposes changes to application and full payout if percentage of loss is 90% (down from 95%).  
1/20/2017 4-17-237 Agriculture Proposes definitions and licensing for hemp producers. Proposes pilot program guidelines, fees, and penalty provisions. Hearing 2/15/2017
originally proposed 12/9/2016 4-16-236 Agriculture Revises rules related to pesticide applicator licensing, recycling, and exchangeable pesticides. The proposal also would repeal registration requirements and certain pesticide use in alfalfa seed crops. June 2017 review

Dept. of Commerce, administratively attached entities

Notice Date (MM/DD/YYYY)
MAR Notice No.
Agency
Subject
Staff Memo/
Other Documents
6/9/2017 8-99-155 Primary Workforce Proposes updated reference for Primary Sector Workforce grants.  
6/9/2017 8-99-154 Big Sky Trust Proposes updated reference and to allow local governments to make planning grants.  
5/12/2017 8-94-152 TSEP Proposes amending rules related to administration of planning grants for federal Community Development Block Grant programs related to public facilities and affordable housing. June 2017 Review
5/12/2017 8-94-153 CDBG Proposes adoption by reference to 2019 biennium guidelines for the Community Development Block Grants. June 2017 Review
4/28/2017 8-111-151 Board of Housing Revises financing programs, conditions, approved lenders, and approved servicers plus various other related terms.

June 2017 Review

Approved 6-9-2017

Dept of Labor and Industry, administratively attached entities

Notice Date (MM/DD/YYYY)
MAR Notice No.
Agency
Subject
Staff Memo/
Other Documents
3/16/2018 24-189-39 Board of Psychologists Proposed rule updates application for behavior analysts. Public hearing April 6
3/16/2018 24-171-36 Board of Outfitters Proposes to revise rules related to outfitter assistants, in line with HB 289. Public hearing April 12
  24-138-74 Board of Dentistry Proposed rules seek to implement SB 120 regarding dental hygienist practices, including limited prescriptive authority.

Public hearing March 16

March email

  24-26-336 Board of Personnel Appeals Proposed rules are intended to remove unnecessary filing and to avoid processing delays. March email
  24-33-333 Employment Relations Division Proposed rules seek to clarify and confirm rules related to the independent contractor exemption certificate. March email
  24-21-334 Employment Relations Division Proposed rules would update references to prevailing wage for heavy construction services on public works projects. March email
  24-21-332 Workforce Services Division Proposed rules allow employer to claim apprenticeship tax creidt, implementing HB 308. March email
  24-11-329 Unemployment Insurance Division Proposed rules are to update terms related to unemployment insurance benefit claims. March email
  24-16-331 Employment Relations Division Proposed amendments to clarify rules related to wage payments, minimum wage, and overtime. Proposed repeal of rules considered redundant as to employment of student learners, seasonal or recreational amusement workers and formal hearings. January 2018 review
1/12/2018 24-111-26 Board of Alternative Health Care Defines "home birth" and describes nonroutine and out-of-state applications. Feb. 6 hearing
1/12/2018 24-126-36 Board of Chiropractors Updating rules related to continuing education, removing rules for interns, and generally updating terminology.

Feb. 2 hearing

January 2018 review

12/22/2017 24-29-330 Employment Relations Division Proposed rule provides definitions ofagricultural employer and dwelling, among others, to implement HB 449 (2017) regarding value of housing in workers' compensation cases. January 2018 review
12/22/2017 24-210-44 Board of Realty Regulation Revises definitions, fee schedules to include no fee for online submission of changes in supervising brokers, trust account requirements, inactive license changes, renewals, and unprofessional conduct terms. January 2018 review
12/22/2017 24-189-38 Board of Psychologists Revises application processes, reference to evaluators in minimum standards. Proposes new rules for behavior analyst or assistant analyst applications January 2018 review
12/8/2017 24-147-39 Board of Funeral Service Revises definitions, inspection terms, transportation and custody of human remains, operation standards, continuing education requirements, unprofessional conduct, and certain licenses and examinations. Proposes rules for when in-charge morticians or crematory operators change and for supervision of certain employees. January 2018 review
12/8/2017   Board of Dentistry Rules related to active supervision comments

Nov. 3 hearing

Nov. 7 EAIC meeting

11/24/2017 24-5-328 Workers' Compensation Court Proposed amendment to rules on petitions, service and filing, third-party practice, trial time and place, motions, pretrial conference/orders and exhibits, intervention, attorney conduct, and emergency trials. January 2018 review
11/9/2017 24-17-327 Commissioner of Labor and Industry Proposed amendments to rules setting prevailing wage rates for public works projects January 2018 review
  24-207-41 Board of Real Estate Appraisers Proposed rule revises amount of online work allowed for continuing education. January 2018 review
10/13/2017 24-22-324 Incumbent Worker Training Program    
10/13/2017 24-141-38 State Electrical Board    
10/13/2017 24-213-20 Board of Respiratory Care Practitioners    
10/13/2017 24-177-34 Board of Physical Therapy Examiners   Adopted 2/13/2018
10/13/2017 24-219-31 Board of Behavioral Health    
9/8/2017 24-166-43 Board of Optometry   Adopted 1/30/2018
9/8/2017 24-222-27 Board of Speech-Language Pathologists and Audiologists Rules proposed to implement HB 347, establishing limited speech-language pathologist license for those completing supervised professional experience. Revises rules on definitions, fees, and unprofessional conduct. Hearing set for 10/4/2017
8/18/2017 24-29-323 Workers' Compensation Bureau Rule proposed to update utilization and treatment guidelines Hearing 10/2/17
Review email
8/18/2017 24-121-15 Board of Barbers and Cosmetologists Proposes to amend licensure by examination, school operating standards and curicula and program hours needed for licensing Hearing 9/8/17 Review email
8/4/2017 24-159-84 Board of Nursing A proposed repeal of two rules related to direct supervision and standards for LPNs and RNs in cosmetic procedures.

Hearing held 8/25/17
Review email

8/4/2017 24-174-69 Board of Pharmacy Proposed fee reduction for internships, including foreign internships

Hearing held 8/25/17
Review email

8/4/2017 24-189-37 Board of Psychologists Proposed new rules for behavior analysts, assistant behavior analysts, continuing education, uprofessional conduct and amendments to rules on definitions, fees, applications, CE, and temporary permits

Hearing held 8/25/17
Review email

Adopted with changes

7/21/2017 24-155-6 Board of Massage Therapy Proposed amendments to licensure by examination, out-of-state applicants and nonroutine applications Hearing held 8/16/17
Review email
7/21/2017 24-201-50 Board of Public Accountants Proposed amendments to definitions, licensing, renewals, CE, and complaints. New proposal for blended training. Repeals proposed for various professional conduct rules Hearing held 8/16/17
Review email
7/7/2017 24-189-36 Board of Psychologists Proposed amendments to application procedures, exemptions, standards, licensure of foreign-trained applicants, competency, privacy, practice, and CE options

Hearing held 8/1/17
Review email

Adopted

7/7/2017 24-114-36 Board of Architects and Landscape Architects Proposed amendments to board organization, definitions, fees, seal, military training, examinations, licensing of applicants registered in another state, CE, landscape architects' training for licensure. Repeal proposed for business solicitation by nonresident architects and rules related to architects in training, renewals, and license replacement Hearing held 8/1/17
Review email
6/23/2017 24-182-35 Board of Private Security Proposed amendments to organization, procedures, definitions, fees, bonding requirements, uniform and firearm regulations, applications, examinations, temporary practice permits, PI trainees, certified firearm instructor, company and branch office licensing. New rules for training for PIs, private security guards, and alarm installer and response runners. One repeal proposed for experience requirement. Hearing held 8/1/17
Review email
5/26/2017 24-222-26 Board of Speech-Language Pathologists and Audiologists Proposes new rule on nonroutine applications, updates to military training rule, out-of-state licensure, qualifications for active temporary license, practice permits, renewals, and continuing ed. June 2017 Review
4/14/2017 24-171-37 Board of Outfitters Proposes revising outfitter records, safety and first aid provisions, watercraft identification, and outfitter qualifications, operations plans, and renewals. June 2017 Review
4/14/2017 24-29-322 Workers' Compensation Proposes changes to facilitty service rules and rates, including professional fee schedules. June 2017 Review
4/14/2017 24-117-32 Professional Boxing Program Proposes amending renewal dates and requirements, public particiation and procedural rules, definitions, fees, prohibitions, approvals, and related activities, equipment, and conduct. Repeal proposed for contracts and penalties, medical advisory, tickets, elimination-type events, inspectors, and announcers. Intended to align with SB401 (2015). June 2017 Review
3/24/2017 24-210-43 Board of Realty Regulation Proposes changes to unprofessional conduct and continuing education terms plus a rule on nonroutine applications and the trust account course requirement. June 2017 Review
3/10/2017 24-174-68 Board of Pharmacy Revises rules to comply with SB7 in 2015 and SB56 in 2017 related to prescription drug registry. June 2017 Review
2/17/2017 24-168-42 Board of Optometry Proposes changing fees from $125 to $75 and expanding audits of continuing education. June 2017 Review
2/3/2017 24-26-46 Board of Personnel Appeals Proposes changes to request for mediation in collective bargaining agreements.  

Dept. of Livestock, administratively attached entities

Notice Date (MM/DD/YYYY)
MAR Notice No.
Agency
Subject
Staff Memo/
Other Documents
  32-17-289 Board of Livestock Proposed clarification in appeals hearing process. March email
  32-17-286   Proposed new rule to implement HB 338 regarding deeded land grazing permit. March email
  32-17-287 Animal Health Proposed rule would decrease fees for alternative livestock cvi book. January 2018 review
  32-18-288 Milk Control Proposed rule would increase milk control assessments. January 2018 review
  32-17-285 Animal Health Relates to importation of cattle from Mexico, identification of certain alternative livestock, and mandatory surveillance of certain alternative livestock for chronic wasting disease.

Hearing 8/16/2017.

July Review

  32-17-284 Vet Diagnostic Laboratory Proposes revising fees to ensure fees are commensurate with costs. Approximately 10% increase proposed in fees. July Review
6/9/2017 32-17-282 Board of Milk Control & Dept. The Board of Milk Control and the Department of Livestock propose to repeal existing rules and replace to clarify which entity does what. Rules address assessments, producer pricing, sales agreements, quotas, the producer committee, reports, records, and penalties. July Review
5/12/2017 32-17-283 Brands Proposes to consolidate language on identification marks in various rules. Proposes to repeal rules related to age tally marks, numerical marks, and placement of digits. June 2017 Review
3/10/2017 32-17-279 Animal Health Proposes changes in fees and brucellosis testing. Definitions revised on management plan.  
1/17/2017 32-23-301 Board of Milk Control Proposes revised assessments on licensees.  

State Auditor's Office

Notice Date (MM/DD/YYYY)
MAR Notice No.
Agency
Subject
Staff Memo/
Other Documents
  6-243 Insurance Proposed amendments address health maintenance organization rules, preexisting condition exclusions, state law conflicts with federal law.

Hearing March 16

March email

  6-242 Insurance Proposed amendments and repeal of rules to streamline public adjuster rules. March email
  6-241 Insurance Proposed rule updates citations for life insurance valuations. January 2018 review
  6-240 Insurance Proposed rule amends independent liability fund definitions and another would repeal rule on penalties. January 2018 review
11/24/2017 6-235 Insurance Proposed rules to amend classifications for NCCI basic manual and to update public participation guidelines.  
8/18/2017 6-325 Insurance Proposes to implement NCCI guidelines  
8/4/2017 6-232 Insurance Proposed revisions to various insurance rules, processes. Certified 10/2/2017
7/21/2017 6-231 Insurance Proposes to repeal outdated administrative rules. Rules refer to unfair discrimiation, accreditation fees, small employer reinsurance, the Insure Montana program, managed care community networks. Certified 10/2/2017
7/21/2017 6-230 Insurance Proposes rules to implement SB 44 (2017) relating to air ambulances and hold harmless provisions.

Hearing 8/14/2017

Adopted 10/2/2017

Montana State Fund (no rulemaking after SB123 (2015)

Notice Date (MM/DD/YYYY)
MAR Notice No.
Agency
Subject
Staff Memo/
Other Documents
         

Division of Banking and Financial Institutions (DofA)

Notice Date (MM/DD/YYYY)
MAR Notice No.
Agency
Subject
Staff Memo/
Other Documents
  2-59-571 Banking/ Mortgages Proposed rules would amend reporting for consumer loan licensees, escrow business updates and mortgage definitions, renewal fees (lower by 75% in 2019), and escrow funds. March email
  2-59-570 Credit Unions Proposed new rule regarding private insurance plan regulations for state-chartered credit unions. March email
  2-59-567 Mortgage brokers Proposed rule amends renewal fees related to mortgage brokers, lenders, servicers, and originators. January 2018 review
6/9/2017 2-59-560 Banking Proposes merger rule to meet FDIC requirements.  
  2-59-559 Mortgages Proposes a definition of "alter" for mortgage licensees. Clarifies enforcement terms.  
5-26-2017 2-59-558 Banking Proposes adopting financial statement and escrow activities report form. June 2017 Review
5/12/2017 2-59-554 Banking Proposes amending surety bond, table funding, application of financial standards, and mortgage servicer reporting forms. Proposes repealing standardized forms and procedures related to the National Mortgage Listing Service. June 2017 Review
3/10/2017 2-60-555 Board of Banking Proposed adoption of form for noticing bank branch closure and updates to certificate of authorization for a state-chartered bank and discovery and hearing rules. Also subjects approval by banking board to commissioner's approval and FDIC insurance.  

Liquor Control Division

Notice Date (MM/DD/YYYY)
MAR Notice No.
Agency
Subject
Staff Memo/
Other Documents
    Liquor Control Division Revises rules to implement SB 5 from the 2017 special session. February - April 2018

Governor's Office of Economic Development

Notice Date (MM/DD/YYYY)
MAR Notice No.
Agency
Subject
Staff Memo/
Other Documents
         

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Last Modified:
4/24/2018 4:35:01 PM