RECENT RULEMAKING BY AGENCY

 

The Administrative Rules of Montana (ARM) is a compilation of existing permanent rules of those executive agencies that have been designated by the Montana Administrative Procedure Act for inclusion in the ARM. The ARM is updated through June 30, 2021. This table includes notices in which those rules adopted during the period March 12, 2021, through August 27, 2021, occurred and any proposed rule action that was pending during the past 6-month period. (A notice of adoption must be published within six months of the published notice of the proposed rule.)  This table does not include the contents of this issue of the Montana Administrative Register (MAR or Register).

 

To be current on proposed and adopted rulemaking, it is necessary to check the ARM updated through June 30, 2021, this table, and the table of contents of this issue of the Register.

 

This table indicates the department name, title number, notice numbers in ascending order, the subject matter of the notice, and the page number(s) at which the notice is published in the 2021 Montana Administrative Registers.

 

To aid the user, this table includes rulemaking actions of such entities as boards and commissions listed separately under their appropriate title number.

 

ADMINISTRATION, Department of, Title 2

 

2-11-614         Adoption of a State Plan of Operation for Federal Surplus Property, p. 378, 990

2-59-607         Activities of Loan Production Offices - Assessments - Dividends - Conversion Applications - Merger Applications - Examination Fees for Trust Companies, p. 152, 328

2-59-610         Application for Organizing a New Credit Union - Annual Reports, p. 97, 275

2-59-613         Examination Fees - Revocation and Suspension of Mortgage Licenses - Consumer Complaints - Confidentiality Agreements - Sharing Arrangements - Reinstatement of Expired or Suspended Licenses - Mortgage Loan Origination Disclosure Form - Bona Fide Not-For-Profit Certification - Applications for Initial Licenses Near Year End, p. 381, 715

2-59-617         Semiannual Assessments - Supervisory Fees for Banks and Credit Unions, p. 1004

2-59-618         Renewal Fees of Mortgage Brokers, Lenders, Servicers, and Loan Originators, p. 1007

 

(Public Employees' Retirement Board)

2-43-611         Investment Policy Statements for the Defined Contribution Retirement Plan, the Montana Fixed Fund, and the 457(b) Deferred Compensation Plan, p. 201, 465

 

AGRICULTURE, Department of, Title 4

 

4-21-272         Plant Health Quarantines, p. 100, 552

4-21-273         Certified Noxious Weed Free Materials, p. 804, 1048

 

STATE AUDITOR, Office of, Title 6

 

6-261               Surety Insurance Producers Who Sell, Solicit, or Negotiate Commercial Bail Bonds, p. 739, 1860, 410

6-264               Suitability in Annuity Transactions Act, p. 971

 

(Classification Review Committee)

6-263               Establishment, Deletion, or Revision of Classifications for Various Industries for Supplementing the NCCI Basic Manual for Workers' Compensation and Employers Liability Insurance, p. 447, 919

 

COMMERCE, Department of, Title 8

 

8-94-186         Administration of the Federal Community Development Block Grant (CDBG) Program–Planning Grants, p. 288, 554

8-94-187         Administration of the Montana Coal Endowment Program (MCEP)–Planning Grants, p. 591, 872

8-94-189         Administration of the Community Development Block Grant Cares Act (CDBG-CV) Program, p. 813, 1049

8-94-190         Administration of the CDBG Program, p. 976

8-111-188       Cash Advances, p. 815, 1053

 

(Board of Investments)

8-97-100         Board of Investments Rules, p. 205, 466

 

EDUCATION, Title 10

 

(Montana State Library)

10-102-2101 Essential Standards - Library Board, Governance, and Working With the Director - Serving the Community - Personnel - Standard Notification, Final Arbiter, and Appeal Process - Deferrals, p. 818

 

FISH, WILDLIFE AND PARKS, Department of, Title 12

 

12-544             Closing the Springdale Bridge Fishing Access Site in Park County, p. 434

12-548             Closing the Selway Park Fishing Access Site in Beaverhead County, p. 756

12-549             Closing Cooney Reservoir in Carbon County, p. 873

12-550             Closing Holter Lake From the Point of Log Gulch Campground to Holter Dam in Lewis and Clark County, p. 1054

 

(Fish and Wildlife Commission)

12-534             Closing the Boulder River to All Motorized Watercraft, p. 1953, 430

12-535             Use of Remote-Controlled Devices and Drones While Fishing, p. 1956, 431

12-537             Limiting Tepee Lake to Manually Operated Watercraft, p. 2226, 432

12-541             Policy Regarding the Management of Black Bear, p. 389, 920

12-545             Use of Deer or Elk Urine to Mask Human Odor, p. 391, 921

12-546             Implementation of the Commercial Use Cap on the Madison River, p. 395, 923

 

ENVIRONMENTAL QUALITY, Department of, Title 17

 

TRANSPORTATION, Department of, Title 18

 

18-184             Motor Carrier Services Safety Requirements, p. 450, 875

 

CORRECTIONS, Department of, Title 20

 

JUSTICE, Department of, Title 23

 

23-12-261       Tracking Sexual Assault Evidence Kits Through a Statewide Sexual Assault Kit Tracking System, p. 727, 1056

23-18-262       Certificates of Public Advantage, p. 453, 758

 

(Public Safety Officers Standards and Training Council)

23-13-260       Certification of Public Safety Officers, p. 4, 616

 

LABOR AND INDUSTRY, Department of, Title 24

 

Boards under the Business Standards Division are listed in alphabetical order by chapter following the department notices.

 

24-2-373         Commissioner's Active Supervision of the Board of Dentistry Regarding Designation of Public Health Facilities for Limited Access Permits, p. 731

24-11-372       COVID Unemployment Insurance Benefits, p. 534, 759

24-11-375       Disqualification for Unemployment Insurance Benefits Due to Failure or Refusal of a Drug Test - Requalification, p. 1011

24-29-367       Medical Fee Schedules for Workers' Compensation Purposes, p. 397, 716

24-29-370       Use of Signatures When Documents Are Being Electronically Transmitted, p. 11, 276

24-29-371       Medical Utilization and Treatment Guidelines for Workers' Compensation Purposes, p. 536, 761

24-29-374       Workers' Compensation Petitions for Reopening, p. 978

24-101-310     Nonroutine Applications and Criminal Convictions, p. 290, 556

24-122-1         Boiler Operator Licensing - Fee Schedule for Boiler Operating Engineers - Approval of Training Courses - Examinations - Renewals, p. 20, 468

24-131-1         Construction Blaster Licensing - Fees - Training Programs - Variances - Requirements, p. 24, 469

24-135-3         License Requirements for Crane and Hoisting Operating Engineers - Fees - Incorporation by Reference of American National Standards Institute B30.5, p. 29, 470

24-142-2         Elevator Licensing - Fee Schedule - Licensee Responsibilities - Elevator Mechanic and Limited Mechanic Licensure Qualifications - Examinations - Licensure by Reciprocity or Endorsement - Apprentice Registration, p. 34, 475

24-144-2         Fire Protection License Program - Definitions - Duty to Report Changes - Proof of Insurance - Fees - Who Must Obtain an Endorsement - Endorsement Examinations - Fireworks Wholesaler Permit Applications - Continuing Education - Duplicate License or Endorsement - Apprenticeship Programs - Application Procedure - Fireworks Wholesale Permits - Renewals, p. 39, 565

24-301-353     Modifications to the International Building Code Applicable to Both the Department's and Local Government Code Enforcement Programs, p. 596

 

(Board of Architects and Landscape Architects)

24-114-39       Fee Schedule, p. 733

 

(Board of Athletic Trainers)

24-118-6         Definitions - Unprofessional Conduct - Applications - Supervision - Renewals, p. 14, 564

 

(Board of Barbers and Cosmetologists)

24-121-17       Salons - Shops - Mobile Salons or Shops - Schools - Definitions - General Application and License Display Requirements - Variance Requests - General Requirements and Prohibitions - License General Information - Premises, Fixtures, and General Sanitation - Restrooms - Sinks - Sanitizers - Containers - Cabinets - Implements - Instruments - Supplies - Equipment - Sanitizing - Disinfecting - Preparation Storage - Handling - Prohibited Items - Blood Spills - Continuing Education Instructors - Unprofessional Conduct - Inspections - Name Change - Closure - Change of Ownership - Operation Standards - Lighting, p. 826

 

(Board of Chiropractors)

24-126-38       Impairment Evaluator Standards - Participation in Disaster and Emergency Care–Liability of Chiropractor - Applications, p. 736

 

(Board of Dentistry)

24-138-80       Denturist Committee - Fees - Dental Hygienist Functions - License Display - Licensure and Certification of Dentists, Dental Hygienists, and Denturists - Continuing Education Requirements - Dentist and Denturist Unprofessional Conduct - Screening Panel - Dental Hygienist Unprofessional Conduct - Justifiable Criticism and Expert Testimony - Infectious Waste - Public Service and Quality of Care - Patient Selection - Patient Records - Emergency Service - Consultation and Referral - Rebate and Split Fees - Volunteer Licensee Scope - Dental and Dental Hygiene Schools - Dentist Specialist License - Licensure After Denial or Revocation - Grounds for Denial - Severability - Multiple-Specialty Announcements, p. 213, 473

 

(Board of Medical Examiners)

24-156-90       ECP Scope of Practice, p. 1866, 277

24-156-91       Audit and Continuing Education Reporting Requirements - Continuing Education Audit, p. 456, 1057

 

(Board of Nursing)

24-159-89       Definitions - Fees - Qualifications for Executive Director of the Board - Nurse Licensure Compact Rules - Program Standards - Program Annual Report - Establishment of a New Program - Program Director - Program Faculty - Waiver of Faculty Qualifications - General Requirements for Licensure as Medication Aide I and II - Prohibited Intravenous (IV) Therapies - Temporary Practice Permit - LPN and RN Licensure by Examination for Internationally Educated Applicants - Licensure by Endorsement - Renewals - Application for Prescriptive Authority - Prescribing Practices - APRN Competence Development - Purpose - Criteria for Delegation of Nursing Tasks - General Nursing Functions and Tasks That May Not Be Delegated - Conduct of Nurses - Grounds for Denial of a License, p. 673, 991

 

(Board of Occupational Therapy Practice)

24-165-25       Definitions - Deep Modality Endorsement, p. 593

 

(Board of Outfitters)

24-171-41       Fees - Outfitter Records - Outfitter's Assistants - Safety and First Aid Provisions - Application for Outfitter License - Outfitter Qualifications - Fishing Outfitter Operations Plan - Insurance for Outfitters - Outfitter Acting as Guide - Operations Plans and Amendments - NCHU Categories, Transfers, and Records - Renewals - Unprofessional Conduct and Misconduct - Web Site Posting of License Discipline, p. 1014

 

(Board of Pharmacy)

24-174-74       Definitions - Collaborative Practice Agreement Requirements - Transfer of Prescriptions - Drug Distribution and Control in an Institutional or Correctional Facility - Use of Drug Kits in Certain Institutional Facilities - Additions, Deletions, and Rescheduling of Dangerous Drugs - Registered Pharmacist Continuing Education–Approved Programs - Use of Contingency Kits in Certain Institutional Facilities, p. 1026

 

(Board of Plumbers)

24-180-50       Fee Schedule - Temporary Exceptions - Renewal of Endorsement - Continuing Education Requirements, p. 102, 329

 

(Board of Professional Engineers and Professional Land Surveyors)

24-183-44       Definitions - Teaching of Land Surveying Subjects - Continuing Professional Competency–Continuing Education, p. 401

 

(Board of Psychologists)

24-189-42       Fee Schedule - Required Supervised Experience - Continuing Education Requirements - Continuing Education Implementation - Representation of Self and Services - Psychologist Application Procedures - Licensure as a Psychologist by Experience (Senior), p. 740, 1058

 

(Board of Real Estate Appraisers)

24-207-44       Approval of Qualifying and Continuing Education Courses, p. 108, 436

24-207-45       Incorporation by Reference of the Real Property Appraiser Qualification Criteria, p. 845

 

(Board of Realty Regulation)

24-210-46       Fee Schedule - Unprofessional Conduct - Citations and Fines - Prelicensing Education–Salespersons and Brokers - Continuing Real Estate Education - Continuing Property Management Education - New Licensee Mandatory Continuing Education–Salespersons, p. 2296, 619

24-210-47       Fee Schedule - Trust Account Requirements - Unprofessional Conduct for Property Management Licensees - Reasonable Supervision - High Level of Supervision, p. 848

 

LIVESTOCK, Department of, Title 32

 

32-21-317       Diagnostic Laboratory Fees, p. 599, 925

 

(Board of Milk Control)

32-21-316       Definitions - Regulation of Unfair Trade Practices - Reports and Records - Payments to Pool Producers and Adjustment of Accounts, p. 539, 763

 

NATURAL RESOURCES AND CONSERVATION, Department of, Title 36

 

36-22-200       Oil and Gas Leases on State Lands, p. 459, 993

36-22-210       Rangeland Management, p. 2107, 330

36-22-212       Categorical Exclusion of the State Revolving Fund Grant Issuance Under the Montana Environmental Policy Act, p. 889

 

PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37

 

37-940             Licensed Marriage and Family Therapists - Policy Changes for Medication Assisted Treatment, p. 52, 164, 331

37-941             Update of Effective Dates and Inclusion of Medicaid Manual Changes, p. 168, 334

37-942             Low Income Weatherization Assistance Program, p. 405, 621

37-943             Hospice Fee Schedule, p. 462, 764

37-944             Updating Medicaid and Non-Medicaid Provider Rates, Fee Schedules, and Effective Dates, p. 687, 853

37-945             Fees for Copies of Birth Certificates - Amendment of Birth Certificate Gender Designations - Issuance of a Replacement Certificate, p. 608, 926

37-946             Youth Care Facility Requirements, p. 700

37-948             Nursing Facility Reimbursement, p. 711

37-949             Developmental Disabilities Program Provider Rates Update, p. 748

37-950             Marijuana Testing Laboratory Licensure, p. 859, 1059

37-951             Low Income Energy Assistance Program (LIEAP), p. 862, 1060

37-952             Licensed Marriage and Family Therapist, p. 981

37-953             Youth Foster Homes, p. 893

37-955             Allowing for COVID-19-Related Regulatory Discretion Beyond the Expiration of the Governor-Declared State of Emergency, p. 932

37-956             School Immunization Requirements, p. 984

 

PUBLIC SERVICE REGULATION, Department of, Title 38

 

38-2-247         Investigation and Discovery, p. 2320, 568

38-2-248         Commission Procedural Rules, p. 545, 937

38-3-249         Montana's Motor Carrier Act, p. 1037

38-5-246         Pipeline Safety, p. 2232, 580

38-5-248         Advanced Metering Opt-Out, p. 111, 896

 

REVENUE, Department of, Title 42

 

42-1030          Montana Medical Marijuana Program, p. 765

42-1031          Montana Medical Marijuana Program (MMP), p. 899

42-1032          Marijuana Provider Canopy Tier Size Increases - Limitations on Advertising, p. 908

42-1034          Production Increments Used in the Calculation of Taxes on Beer, p. 869, 1061

42-1035          Elimination of Competitive Bid Application Processing Fees, p. 915

42-1036          Property Tax Assistance Program (PTAP) and the Montana Disabled Veteran (MDV) Property Tax Assistance Program, p. 1044

 

SECRETARY OF STATE, Office of, Title 44

 

44-2-242         Clarification of Business Services Division Filings and Fees, p. 550, 767

44-2-243         Records and Information Management Fees, p. 613, 878