Montana State Legislature
Administrative Rule Review
Administrative Rule Review
The Children and Families Committee reviews administrative rules proposed by the Department of Public Health and Human Services.
The complete text for any of the proposed rules, including any hearing information, may be accessed by visiting the DPHHS Administrative Rules webpage.
This page contains the regular rule review memo that the committee received at each meeting, as well as information on two rule proposals to which the committee devoted additional time during the interim:
- MAR Notice No. 37-923, to ban the sale or distribution of flavored vaping products; and
- MAR Notice No. 37-383, to establish stricter health standards for public schools.
Regular Rule Review: Legislative Staff Materials
- Overview: Interim Committee Rule Review Process
- Rule Review Memos
Legislative Poll: MAR Notice No. 37-923 -- Flavored Vaping Products
As of July 27, 2020, the committee received 20 objections to MAR Notice No. 37-923, a proposed DPHHS rule to ban the sale or distribution of flavored vaping products. The objections triggered a requirement under 2-4-403, MCA, for the committee to poll the members of the Legislature to determine if the proposed rules are consistent with or contrary to legislative intent.
The committee met Aug. 12, 2020, to review proposed polling materials and take public comment on the polling process. Chairman Eric Moore directed that the poll be mailed no later than Aug. 17, that ballots be postmarked by Sept. 8 to be counted, and that the results be sent to the Secretary of State for publication in the Montana Administrative Register.
However, Rep. Moore delayed the mailing on Aug. 14 after DPHHS notified the committee it planned to withdraw the rule. He and Vice Presiding Officer Diane Sands canceled the planned poll on Aug. 18 after the department filed the formal notice of withdrawal with the Secretary of State's Office. In a memo, Rep. Moore and Sen. Sands noted that withdrawal of the rule made the poll moot and said conducting the poll "would have no effect under 2-4-404, MCA, which provides that the results of a legislative poll are admissible in litigation involving the validity of a proposed rule or adopted rule."
On Aug. 12, Rep. Moore had directed that the following materials be mailed to legislators as part of the poll:
- Instruction Letter
- Attachment A: MAR Notice No. 37-923: Pertaining to Flavored Electronic Smoking Devices
- Attachment B: 50-1-202, MCA: Powers and Duties (DPHHS Statutory Citation for Proposed Rule)
- Attachment C: DPHHS Justification for Proposed Rule
He also had directed that other relevant materials be posted on the committee's website.
- Objection Letters:
- Montana Administrative Procedure Act: Legislative Polling on Administrative Rules
- Notification to DPHHS of Pending Poll
- Economic Affairs Interim Committee Objection to MAR Notice No. 37-923*
* The Economic Affairs Interim Committee objection was approved at the committee's June 30, 2020, meeting.
MAR Notice No. 37-873: Healthy Learning Environments in Montana Public Schools
The Department of Public Health and Human Services proposed significant revisions to administrative rules setting public health standards for schools. At the request of the Children and Families Committee, DPHHS prepared several documents related to the rules, including a version -- showing in red -- the revisions made to the rule as a result of public comment. DPHHS adopted the rules in January 2020.
DPHHS provided the following materials:
- Summary of Proposed Changes: Provided Dec. 17, 2019
- Planned Revisions: Provided Dec. 13, 2019, via e-mail
- Public Comment Executive Summary: Presented at the committee's November 2019 meeting