Economic Affairs Rule Review

Administrative Rule Review l Role of the EAIC l Objections l Proposed Rules

The Legislature, including the Economic Affairs Interim Committee, plays a significant role in the administrative rulemaking process and is authorized to review administrative rules for compliance with the Montana Administrative Procedure Act, also known as MAPA. More information about the rule review process, the EAIC's role and responsibilities, objections to administrative rules, and rules currently proposed by the three agencies under the EQC's purview is available by clicking on the links above.

Contact Bart Campbell at bacampbell@mt.gov for more information on administrative rule review by the EAIC.

Administrative Rule Review

The Economic Affairs Committee conducts rule reviews of the following agencies:

Department of Agriculture	Department of Labor and Industry	Montana State Fund
Department of Commerce	Department of Livestock	State Auditor's Office
Governor's Office of Economic Development

Administrative rules are published in the Administrative Rules of Montana (ARM), which is updated twice a month by the Montana Administrative Register (MAR). The MAR contains rulemaking notices regarding proposed new, amended, or repealed rules. The MAR also contains notices of adopted rules, recently issued attorney general's opinions, and notices of vacancies on state boards. The ARM and MAR are maintained by the Secretary of State's office and may be accessed at the following website: http://www.mtrules.org/. For more on Administrative Rule Review click here.

Role of the Economic Affairs Committee

The legislature, including the Economic Affairs Committee, plays a significant role in the administrative rulemaking process and is authorized to review administrative rules for compliance with MAPA. As part of this process, legal staff for the Economic Affairs Committee notifies the Committee of proposed, amended, or repealed administrative rules and of any concerns regarding the rulemaking process. See the chart below for notifications in the 2011-2012 interim and click here for actions that the Economic Affairs Committee may take in response to proposed rules.

Objections

If the Economic Affairs Committee elects to object to a proposed administrative rule, there is a process to follow, described here.

Proposed Rules

Agency, Board, or Commission	Overview	Notice Date	MAR Notice Number	Staff Memo
Department of Agriculture
Nursery Program	Responding to 2011 legislative directive to adopt rules regarding plant nurseries and risk factors.	1/26/2012	4-14-201	April 2012
	Amending rules to clarify fee due dates and revise terms for collecting various fees.	1/26/2012	4-14-202
	Amending terms for commodity dealers and public warehouses.	1/26/2012	4-14-204	April 2012
Quarantine Program	Amending terms of regulated materials subject to quarantine and revising penalties in response to 2011 legislative action.	1/26/2012	4-14-205
Department of Commerce
Quality Schools Grant Program	Updates references to 2011	12/22/2011 11/25/2011	8-2-98 8-2-503	January 2012
Treasure State Endowment Program	Updates references to 2011	12/22/2011 11/25/2011 9/22/2011	8-94-99 8-94-96 8-94-95	January 2012
Community Development Block Grants	Revises rule to conform to federal guidelines			April 2012
Board of Housing	Six rules to implement guidelines and application procedures for the Montana Veterans' Home Loan Mortgage Program.	7/14/2011	8-111-93	August 2011
Department of Labor and Industry
Unemployment Insurance Division	Amending ARM 24.11.2221 regarding contribution rates for experience-rated governmental employers	6/9/2011	24-11-258	August 2011
Unemployment Insurance Division	Repealing definition of misconduct in rule because SB 342 created term in statute.	3/8/312	24-11-264	April 2012
Employment Relations Division	Setting prevailing wage rates for public works projects	11/25/2011	24-17-260	January 2012
	Adopting new rules for construction contractor compliance and registration fees.		24-101-262	April 2012
	Implementing security deposit requirements and other aspects of SB 108 from 2007 session.	4/12/2012	24-29-263
Business Standards Division	Implementing HB 114 from 2009 to recognize licensure and registration of out-of-state volunteers in a disaster	11/10/2011	24-101-259	January 2012
Alternative Health Care Board	Revising rules related to inactive status, the naturopathic physician national substance formulary list, midwife apprentice requirements, and continuing education requirements.	2/23/2012	24-111-24	April 2012
Board of Architects and Landscape Architects	Amending architect examination, landscape architect applications	8/11/2011	24-183-38	October 2011
Board of Architects and Landscape Architects		9/1/2011	24-114-33
Board of Barbers and Cosmetologists	Revising rules related to instructor training and licensing.		24-101-259	January 2012
Board of Barbers and Cosmetologists	Revising rules related to licensing, continuing education, professional conduct.		24-121-10	January 2012
Board of Chiropractors	Revising rules related to interns and preceptors, license renewals, continuing education.	10/27/2011	24-126-32	January 2012
Board of Dentistry	Implementing changes to rules regarding anesthesia used in dentistry, dental hygienist applications, medical assistance program relapses	9/8/2011	24-138-68	October 2011
Board of Dentistry	Rules related to dental hygienists' limited access permits and rules related to relapses for participants in a medical assistance program.	10/03/2011	24-138-509 24.138.2719	October 2011
Board of Funeral Services	Revising fee schedules	2/23/2012	24-147-34	April 2012
Board of Hearing Aid Dispensers	Revising rules related to examinations, record retention, and transaction documents.		24-150-37	April 2012
Board of Nursing	Implementing legislation on medication aides at long-term care facilities and registered nurse first assistants, allowing LPNs to mix unit dose IV solutions at small facilities, and removing limit on times tests can be taken.	7/28/2011	24-159-75	August 2011
Board of Nursing	Implementing HB 25 regarding medical assistance programs and the National Council of State Boards of Nursing guidelines for alternative and disciplinary monitoring programs.	11/10/2011	24-159-76	January 2012
Board of Outfitters	Eliminating certain fees and amending other rules related to net client hunter use expansion; clarifying procedures for basic first aid requirement; adopting successorship rules.	7/14/2011	24-171-31	August 2011
Board of Pharmacy	Adopting dangerous drug schedules, rules for emergency prescription refills, changes to medical assistance program, and vaccine administration.	12/22/2011	24-174-62	January 2012
	Adopting rules for contingency kits, electronic information for prescription drug registry, and other drug registry rules.		24-174-63	January 2012
	Adopting rules to implement prescription drug registry and contingency kits. Revising rules for wholesale drug distributor licensing and pharmacist continuing eduction.	12/8/2011	24-174-1201	January 2012
Board of Physical Therapists	Revising rules related to continuing education and adding failure to complete continuing education to unprofessional conduct, repealing rule regarding physician on screening panel.	5/10/2012	24-177-28
Board of Plumbers	Defining master plumber of record and recognizing that the business owner may not necessarily be a plumber; outlining who obtains permits; and adopting unprofessional conduct rule.	3/8/2012	24-180-47
Board of Professional Engineers and Professional Land Surveyors	Adopting rules to implement prescription drug registry and contingency kits. Revising rules for wholesale drug distributor licensing and pharmacist continuing eduction.	9/1/2011	24-114-33	January 2012
Board of Psychologists	Adopting a temporary permit rule. Amending rules related to fee schedules, nonresident psychological services, applications, professional responsibility and supervised experience.	2/23/2012	24-189-33	April 2012
Board of Public Accountants	Revising rules related to education and continuing education requirements, out-of-state applicants.	2/23/2012	24-189-33	April 2012
Board of Real Estate Appraisers	Revising rules related to total hours required for certified appraisal licensure to conform with federal requirements.	7/28/2011	24-207-32	August 2011
	Revising renewal dates, fees, and implementing changes to appraisal management companies.	8/25/2011	24-207-33	October 2011
	Repealing 24-207-402 and adopting U.S. Professional Appraisal Practice by reference	11/25/2011	24-207-34	January 2012
Board of Realty Regulation	Reorganizing rules for consistency, simplicity, organization.			April 2012
Board of Social Workers & Professional Counselors	Adopting qualifications for social workers and professional counselors to perform psychological testing, evaluation, and assessment	10/13/2011	24-219-22
State Electrical Board	Raising fees for certain licensees to be commensurate with costs; adopting new rule for nonroutine license applications.	8/25/2011	24-141-35	August & October 2011
Department of Livestock
Animal Health Division	One rule expanding the designated surveillance area to reflect areas in which brucellosis-exposed elk have been found and another regarding blood testing with salmonella antigens.	6/23/2011	32-11-219 (DSA) amd 32-11-220	August 2011
Governor's Office of Economic Development

Montana State Fund
	Amending 2 rules related to employment classifications and the construction industry premium credit program.			January 2012
State Auditor's Office
Insurance Division	Amending rules related to surplus lines insurance to be consistent with federal law and implement SB 331; revises stamping fee; clarifies that an unauthorized insurer that is an eligible surplus lines insurer is not covered by the state's guaranty association.	9/22/2011	6-198	October 2011
Insurance Division	Amending rules related to valuation of life insurance policies to conform with the National Association of Insurance Commissioners and to promote the standard valuation of life insurance policies necessary to determine liability reserves.	10/27/2011	6-197	January 2012

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Last Modified:5/9/2012 2:30:49 PM