(1) Title 1 contains statements and rules which introduce and explain the ARM as a whole.

(2) Chapter 1, the Foreword, states the authority for and general intent of the ARM, and the customary credits.

(3) Chapter 2, General Provisions, includes:

(a) an explanation of the organizational structure and composition of the ARM;

(b) the format of rules; and

(c) the procedures for keeping the ARM current.

(4) Chapter 3 contains model rules of organization and procedure as drafted by the Attorney General of the state of Montana. These rules are a guide for fulfilling the requirements of MAPA with regard to rules of organization and procedure. The agencies have the option of adopting the model rules in whole or in part, and may incorporate the model rules by reference.

(1) The printed version of the Administrative Rules of Montana (ARM) is the official version.

(2) The electronic version of the ARM is available at rules.mt.gov.

(3) As of July 8, 2017, the electronic version of the Register is the official version. Prior to July 8, 2017, the printed version of the Register was the official version.

(4) An electronic version of issues of the Register is available at http://sosmt.gov/arm/register.

(5) If the rule text in the ARM differs from the rule text in corresponding official Register notices, the rule text in the Register notices is the official rule text.

(1) Printed copies of the Montana Administrative Register (Register) and/or the Administrative Rules of Montana (ARM) may be available for purchase.

(2) The cost for the Register is as follows:

(3) The costs for the ARM is as follows:

(4) The cost for individual ARM titles is as follows:

(5) The following miscellaneous fees are charged by Administrative Rules Services:

(6) Administrative Rules Services does not charge other state agencies for copies or faxes.

(7) All purchase and subscription fees must be paid in advance and are not refundable.

This rule has been repealed.

Title       Title Name

Number

1         General Provisions (see ARM 1.2.101)

2         Administration, Department of

4         Agriculture, Department of

6         Auditor, State of Montana

8         Commerce, Department of

10        Education

          Superintendent of Public Instruction

          Board of Public Education

          State Library Commission

          Montana Arts Council

          Montana Historical Society

12        Fish, Wildlife, and Parks, Department of

14        Governor, State of Montana

17        Environmental Quality, Department of

18        Transportation, Department of

20        Corrections, Department of

23        Justice, Department of

24        Labor and Industry, Department of

30        Lieutenant Governor, State of Montana

32        Livestock, Department of

34        Military Affairs, Department of

36        Natural Resources and Conservation, Department of

37        Public Health and Human Services, Department of

38        Public Service Regulation, Department of

42        Revenue, Department of

44        Secretary of State, State of Montana

(2) Title numbers have been reserved for potential new titles.

(3) Some title numbers have been used for titles that are now obsolete.

(4) The secretary of state maintains a comprehensive topical index for all ARM titles in a separate volume.

(1) All titles are organized as follows:

(a) title page;

(b) title table of contents containing chapter names and beginning page numbers for each;

(c) chapters containing rule text;

(d) a cross reference table;

(e) for some titles, a repealed rule table; and

(f) for some titles, old-to-new and new-to-old tables.

(2) Titles are divided into chapters. Chapter 1 of every title contains the department's organizational rule and organizational charts. Chapter 2 contains the department's overall procedural rules. Subsequent chapter numbers run consecutively with reserved chapter numbers in areas where additional rules are anticipated.

(a) Reserved chapter numbers are indicated in the title's chapter table of contents. An unnumbered page is placed in the ARM indicating where a reserved chapter falls.

(b) Beginning with chapter 3, the chapters are organized topically so that rules follow a logical sequence. Related rules are placed in chapter groups. Chapters that contain rules common to the entire department are listed first, such as centralized services division.

(c) Chapters are assigned to autonomous agencies that are attached to a department for administrative purposes only. They may be alphabetized and listed after the department's assigned chapters.

(3) Other than in chapter 1, subchapters are the second division of titles. Subchapters are organized topically and placed in a logical sequence. There may be up to 99 subchapters in one chapter.

(a) Subchapter numbers run consecutively, with reserved subchapter numbers in areas where additional rules are anticipated.

(i) Reserved subchapter numbers are shown in the chapter's table of contents and also where they fall in the body of the chapter.

(b) In the case of autonomous agencies, the first and second subchapters contain the agency's organizational rule and procedural rules, respectively.

(4) Each rule is identified using a three-part numbering system (see ARM 1.2.212) .

(5) Each rule is broken down into sections and subsections which cover a single idea.

(a) Each section and subsection must be identified with a single numerical or alphabetical earmark.

(6) Title names reflect their respective department names. Individual departments assign chapter and subchapter names according to subject matter.

This rule has been repealed.

(a) "How to Use the Administrative Rules of Montana and the Montana Administrative Register";

(b) a chapter table of contents of all chapters found in Title 1 through Title 44; and

(c) the preface to the ARM.

(2) All titles contain the following:

(a) a title page, identifying the name of the department and its title number;

(b) a table of contents, indicating the number, name, and beginning page number of each chapter in that title;

(c) chapter 1, containing only the department's organizational rule and charts. Chapter 1 does not contain a table of contents or subchapters;

(d) subsequent chapters, beginning with a table of contents indicating:

(i) the subchapter numbers and names; and

(ii) the rule number and the catchphrase of each rule in each subchapter;

(e) a cross reference table following the last chapter in each title, indicating the MCA authority and implemented citations for the corresponding rule numbers;

(f) a repealed rule table following the cross reference table, including the repealed rules that were removed during recodification and the effective date of repeal. Some titles also contain repealed rule tables specific to department reorganization by the legislature;

(g) an old-to-new numbering table following the repealed rule table indicating the old rule numbers in ascending order assigned before recodification in 1980 and the new three-part rule number assigned as a result of recodification; and

(h) a new-to-old numbering table following the old-to-new numbering table listing the new rule numbers in ascending order and corresponding rule numbers before recodification.

(2) Subject matter types are organizational, procedural, and substantive.

(a) Organizational rules describe the structure of the department and the divisions of function. Each department has a single organizational rule, found in chapter 1 under each title. An agency attached to a department for administrative purposes only may have its own organizational rule.

(b) Procedural rules include, but are not limited to, the following:

(i) procedures covered in the attorney general's model rules (rulemaking, contested cases, declaratory rulings) ;

(ii) guidelines for public participation; and

(iii) guidelines for the formulation of environmental impact statements.

(iv) Procedural rules appear in chapter 2 of each title and apply to all units of a department, except agencies attached for administrative purposes. An agency attached to a department for administrative purposes only may have its own procedural rules.

(c) Substantive rules are:

(i) rules that implement statutes and carry the force of law; or

(ii) rules that provide an interpretation of statutes and are advisory only. (See 2-4-102 , MCA.)

(3) The second category defines rules by duration: temporary, permanent, or emergency.

(a) Temporary rules are:

(i) proposed and adopted to implement a statute that is effective prior to October 1 of the year of enactment;

(ii) subject to the temporary rule provision of 2-4-303 , MCA;

(iii) effective immediately upon filing a notice of adoption with the secretary of state ( 2-4-306 , MCA) , or at a stated date following publication in the Register, and are effective until October 1 of the year of adoption; and

(iv) designated as temporary in the Register.

(b) Emergency rules address an imminent peril to the public health, safety, or welfare and are:

(i) subject to the emergency rule provisions of 2-4-303 , MCA;

(ii) effective immediately upon filing with the secretary of state, or at a stated date following publication in the Register;

(iii) to automatically expire 120 days after their effective date;

(iv) designated as an emergency rule in the Register; and

(v) able to be adopted with limited or no prior public notice.

(c) Permanent rules are rules that:

(i) are adopted under standard rulemaking procedures; and

(ii) remain in effect until repealed.

(a) New titles, chapters, subchapters, and rules are placed in numerical order in their respective table of contents.

(b) New rules are placed in numerical order in the appropriate place in ARM.

(c) The text of an amended rule replaces the existing rule in the ARM.

(d) When a rule is repealed, the following information is printed in the ARM where the language of the rule formerly appeared:

(i) the rule number;

(ii) the catchphrase, followed by (REPEALED) ; and

(iii) the complete history note.

(e) All rule actions are reflected in a history note to the rule (see ARM 1.2.217) .

(2) If there is a discrepancy between the rule text in the ARM and the text in the Register proposal or adoption notices, the text of the Register notices prevails as the correct text.

(a) The (department) adopts and incorporates by reference (citation to incorporated material) , (edition date) , which sets forth (substance of material) . A copy of the (citation to federal agency rule, model code, rule of any agency of this state or other similar publication) may be obtained from (department or agency name and address) .

(2) When a department adopts the model rules, this must be included in its procedural rules. The department must note and explain any variation it makes to a model rule.

(a) For example, in rule number 44.122.1101:

(i) the first part, "44", is the title number assigned to the department;

(ii) the second part, "122", is the chapter number; and

(iii) the first one or two digits in the third part, "11", represents the subchapter number and the last two digits, "01", represent the individual rule number.

44.122.1101

44 = title number

122 = chapter number

11 = subchapter number

01 = individual rule number

(b) The entire number is referred to as the rule number.

(2) In some instances, a department may find it necessary to reserve chapters, subchapters, or rule numbers. This is shown in the appropriate location within the text.

This rule has been repealed.

(2) Rules should be short and written in a simple, clear and direct style that is easily understood by the user. Generally, rules should include only a single idea.

(3) Shorter rules can be more easily amended, as the entire language of the rule can be included in the notice published in the Montana Administrative Register and not taken out of context as in the case of a longer rule. A long rule is amended by citing to a subsection(s) thereby requiring the user to refer back to the entire rule in ARM.

(a) sections are: (1) , (2) , (3) ;

(b) subsections are: (a) , (b) , (c) ; (i) , (ii) , (iii) ; (A) , (B) , (C) ; and (I) , (II) , (III) .

(a) the MCA citations giving authority for the rule;

(b) the MCA citations implemented (IMP) by the rule;

(c) the action type indicated by the following abbreviations:

(i) NEW denotes a new rule;

(ii) AMD denotes an amendment to a rule;

(iii) REP denotes a rule is repealed;

(iv) TRANS denotes a rule is transferred by legislative action or transferred to a different location within a title;

(v) EMERG denotes emergency action;

(A) Register information and the effective date are not given for emergency actions; and

(vi) TEMP denotes temporary rule before becoming a permanent rule;

(d) the year and page number of the Register in which the adoption notice was published; and

(e) the date the rule action became effective.

(2) The information in the history note traces the development of a rule and its changes. Each adoption notice refers to the Register page number and issue date of the corresponding proposal notice. A review of all notices published regarding a rule action explains the progression of rule changes.

(3) Action taken on a rule before July 25, 1977, is indicated only by the abbreviation of the action and the effective date of action.

(2) If a block of page numbers is reserved, the last printed page before the reserved pages has the wording "NEXT PAGE IS ___".

(3) If a block of page numbers has been removed through repeal or amendment of rules, the last printed page before the removed pages has the wording "NEXT PAGE IS ___".

(2) Each chapter has a table of contents listing subchapter names and numbers and each rule number and catchphrase. Reserved subchapters and rules are also noted on the chapter table of contents.

(3) Table of contents pages are updated quarterly to coincide with changes made to the corresponding rules.

(2) Cross reference table pages are updated quarterly to coincide with changes made to the corresponding rules.

(1) When referring to a rule from the ARM, the rule must be referred to by ARM and its full number. For example, this rule is cited as ARM 1.2.229.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been transferred.

This rule has been transferred.

This rule has been repealed.

This rule has been repealed.

(1) Section 2-4-305 , MCA, sets required procedures for adopting and making changes to rules.

(2) The following procedures shall be adhered to for all rules adopted by the departments.

(a) As explained in the Montana Administrative Procedure Act (MAPA) and in the Attorney General's model rules, the departments and agencies assigned thereto for administrative purposes must give public notice of their intention to adopt, amend, or repeal any rule. The contents of the notices are as prescribed by MAPA and the Attorney General's model rules. The forms for the notices will be as set down in the Attorney General's model rules. All notices must be signed by the head of the department or by the chairperson of the governing board (see ARM 1.2.519) .

(b) The Secretary of State is required to publish the Register at least once a month, but publishes the Register twice a month. An agency must submit its notices according to the submission schedule deadline set by the Secretary of State. If a notice is submitted after the submission deadline, it will not be published until the next publication date. It should be noted that MAPA requires that agency action may not be taken until at least 30 days after the notice is published in the Register.

(3) The form numbers for notices of action regarding rule changes must be stated as MAR Notice No. ___. Each department sets its own numbering system for notices using its title number as the first part of the MAR Notice No., followed by sequential numbers.

(a) There is no separate numbering sequence according to the type of notice issued.

(4) When an adoption notice is filed for publication, it must be certified and transmitted to the Secretary of State accompanied by an administrative order (see ARM 1.2.404) .

(1) The ARM has been set up as a loose-leaf service to provide a convenient method of updating. Rule changes are made on a quarterly basis and appropriately placed by following instructions prescribed by the Secretary of State.

(2) Page numbers and rule numbers always fall on the outside of the page. Headings are determined by listing the department name on an even-numbered page and the chapter name on an odd-numbered page and by checking the previous existing pages. An even-numbered page has the first rule number that appears on that page, while an odd-numbered page has the last rule number on the page.

(3) A repealed rule number and catchphrase remain in ARM with the full history in its original location. A repealed rule number cannot be reused. The repeal must also be noted on the chapter table of contents by (REPEALED) after the catchphrase of a rule.

(4) For transferred rules, the rule number, catchphrase, and full history note appear in the original location with the addition of the transfer information in the history note. The transfer must also be noted on the chapter table of contents by (TRANSFERRED) after the catchphrase of a rule.

This rule has been repealed.

(2) The administrative order must be signed by the head of the department where the department has an elected official or an executive appointment by the Governor, or by the chairperson of the board where the department is headed by a multi-member board. In the case of rules submitted by an agency assigned to a department for administrative purposes only, then such rules will be signed by the head of that agency or chairperson of the governing board.

(3) Emergency or temporary and permanent rules may not be intermingled on the same order.

(2) Accompanying the replacement pages which are distributed quarterly to subscribers to the ARM are instructions indicating where the pages are to be inserted and which existing pages have been superseded and must be removed.

This rule has been transferred.

(1) The scheduled filing dates, time deadline, and publication dates for material to be published in the Montana Administrative Register are listed below:

(2) All material to be published must be submitted by noon on the scheduled filing date. All material submitted after the scheduled filing deadline will not be published until the next scheduled publication date.

(2) Rulemaking agencies must submit replacement pages by the scheduled date on all rule changes that have appeared in the rule section of the Montana Administrative Register during the preceding three months. Updated chapter table of contents pages, subchapter table of contents pages, and cross reference pages must also be submitted by the scheduled date.

This rule has been transferred.

(2) The Register is comprised of four sections:

(a) the notice section contains agency notice of proposed administrative rulemaking action;

(b) the rule section contains the results of the proposed action indicating the adoption, amendment, transfer, or repeal of a rule;

(c) the interpretation section contains Attorney General opinions and agency declaratory rulings;

(d) the special notice and table section contains:

(i) functions of the Administrative Rule Review Committee;

(ii) instructions on how to use the ARM and Register;

(iii) an accumulative table of rulemaking actions during the past six months; and

(iv) in each even-numbered issue of the Register, vacancies on and appointments to boards and councils.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(a) Material must be submitted electronically in Word 2000, or more recent version.

(b) All text must be in Arial 12 point font.

(c) Documents must be left justified.

(d) Margins must be set as follows:

(i) top and bottom margin at .5 inches;

(ii) left margin at 1.5 inches; and

(iii) right margin at .75 inches.

(e) Spacing in documents must be as follows:

(i) single space paragraphs and rules;

(ii) a blank line must be between all paragraphs and rules;

(iii) a blank line must be above and below all AUTH and IMP citations; and

(iv) each paragraph, section, and subsection number (earmark) must have two spaces before the text begins.

(f) Each paragraph, rule number, section, and subsection must be tabbed in five spaces.

(g) For section and subsection earmarking requirements, see ARM 1.2.216.

(h) For capitalization, hyphenation, punctuation, and grammar requirements, refer to the Gregg Reference Manual. The Secretary of State adopts and incorporates by reference the Gregg Reference Manual, tenth edition, which sets forth rules of style, grammar, usage, and formatting. A copy of the manual may be obtained from McGraw-Hill/Irwin, 1221 Avenue of the Americas, New York, NY, 10020;

(i) Use a Roman numeral in the proposal notice for a new rule, and indicate the permanent ARM number in the notice of adoption of the rule. Example: (Rule I - 2.2.333)

(j) Underline the rule number and catchphrase of a rule. The catchphrase is typed in capital letters.

(k) All charts and illustrations must fit into format margins.

(l) Notices and administrative orders must be signed by the head of the department or the chairperson of the governing board. The head of the agency or the chairperson of the governing board will sign for an agency that is assigned to a department for administrative purposes only. A letter must be filed with the secretary of state indicating signatory authority in the absence of the department head or chairperson. For the purposes of electronic filing of documents, the secretary of state will accept as signatures:

(i) typed names on documents preceded by /s/. The typed name must represent a signed copy on file in the submitting agency's records.

(m) The rule reviewer must sign each proposal and adoption notice published in the Register, indicating that he or she has reviewed and approved the rules as required by 2-4-110 , MCA. A letter must be filed with the secretary of state and administrative rule review committee indicating rule reviewer appointment. For the purposes of electronic filing of documents, the secretary of state will accept as signatures:

(i) typed names on documents preceded by /s/. The typed name must represent a signed copy on file in the submitting agency's records.