BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                               STATE OF MONTANA

 

In the matter of the amendment of ARM 24.33.401, 24.33.406, 24.33.411, 24.33.416, 24.33.421, 24.33.431, 24.33.441, 24.33.461, 24.33.471, and 24.33.475 and the repeal of ARM 24.33.445 and 24.33.486 pertaining to home inspector program

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NOTICE OF AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

            1. On April 12, 2024, the Department of Labor and Industry (agency) published MAR Notice No. 24-33-416 regarding the public hearing on the proposed changes to the above-stated rules, at page 672 of the 2024 Montana Administrative Register, Issue No. 7.

 

            2. On May 7, 2024, a public hearing was held on the proposed changes to the above-stated rules via the videoconference and telephonic platform. Comments were received by the deadline.

 

            3. The agency has thoroughly considered the comments received. A summary of the comments and the agency responses are as follows:

 

COMMENT 1: A commenter objected to amendments to ARM 24.33.431 and its removal of language referencing the Examination Board of Professional Home Inspectors.  Specifically, the commenter suggested that by removing the language, the rule comes into conflict with its authorizing statute by requiring all proposed examiners, to include the Examination Board of Professional Home Inspectors, to apply for licensure.

 

RESPONSE 1: The department appreciates the comments, but disagrees.  Section 39-9-212(2)(a), MCA specifically requires acceptance of the examination offered by the Examination Board of Professional Home Inspectors.  The statute goes on to permit the department to accept other examinations by department rule.  Because the statute necessarily supersedes the rule and the rule cannot be read to conflict with the statute, the objection is unwarranted.  That is, the Examination Board's exam is statutorily accepted.  Any other examiner seeking approval must consult the applicable administrative rule–which requires application to the department for consideration.  As set forth in the statement of reasonable necessity, adoption in rule of a statutorily adopted examination is merely unnecessary duplication of statute.

 

COMMENT 2: A commenter suggested revising the verbiage of ARM 24.33.431 to refer to a psychometrically "sound" examination, rather than a psychometrically "valid" examination.

 

RESPONSE 2: The comment is outside the scope of the proposed rulemaking.  The change may be considered for future rulemaking.

 

            4. The agency has amended ARM 24.33.401, 24.33.406, 24.33.411, 24.33.416, 24.33.421, 24.33.431, 24.33.441, 24.33.461, 24.33.471, and 24.33.475 as proposed.

 

            5. The agency has repealed ARM 24.33.445 and 24.33.486 as proposed.

/s/ QUINLAN L. O'CONNOR Quinlan L. O'Connor Rule Reviewer	/s/ SARAH SWANSON Sarah Swanson, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State May 14, 2024.