BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 23.3.148 pertaining to release of driving records

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On June 22, 2010 at 2:00 p.m., the Department of Justice will hold a public hearing in the auditorium of the Scott Hart Building, 303 North Roberts, Helena, Montana, to consider the proposed amendment of the above-stated rule.

 

2.  The Department of Justice will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact Department of Justice no later than 5:00 p.m. on June 7, 2010, to advise us of the nature of the accommodation that you need.  Please contact Kathy Stelling, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail [email protected].

 

            3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

            23.3.148  RELEASE OF DRIVING RECORDS FOR CONSUMER REPORTS AND SINGLE USE RESTRICTION  (1) remains the same.

            (2)  When an authorized requestor pays a statutorily specified fee to receive any record or abstract created or retained by the department in accordance with 61-11-102, MCA, the authorized requestor may only use the record or abstract received for a single purpose, which may include disclosure of that record or abstract to one person or business entity.  The same record or abstract may not be used for a different purpose or supplied or disclosed to a different person or business entity unless a separate request for the record or abstract has been made by the authorized requestor and the statutorily specified fee for that request has been paid.

 

AUTH:       44-1-103, 61-11-516, MCA

IMP:          44-1-103, 61-11-102, 61-11-516, MCA

 

REASON:  This change is reasonably necessary to protect the privacy and accuracy of drivers' information, as required by the Montana Driver Privacy Protection Act, and to facilitate sufficient revenue for the retention and appropriate release of these records. 

 

            4.  Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to: J. Stuart Segrest, Department of Justice, 215 North Sanders, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail [email protected], and must be received no later than July 1, 2010.

 

            5.  Stuart Segrest, Department of Justice, has been designated to preside over and conduct this hearing.

 

6.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in (4) above or may be made by completing a request form at any rules hearing held by the department.

 

7.  An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

8.  The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled.  The primary bill sponsor was contacted by phone on May 13, 2010.

 

 

 

 

/s/  J. Stuart Segrest                         /s/ Steve Bullock                                           

J. Stuart Segrest                               Steve Bullock

Rule Reviewer                                   Attorney General

                                                            Department of Justice

           

Certified to the Secretary of State May 17, 2010.