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| Montana Administrative Register Notice 24-101-395 | No. 11 06/10/2022 | |
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BEFORE THE BOARD OF ARCHITECTS AND LANDSCAPE ARCHITECTS, BOARD OF ATHLETIC TRAINERS, BOARD OF BARBERS AND COSMETOLOGISTS, BOARD OF BEHAVIORAL HEALTH, BOARD OF CHIROPRACTORS, BOARD OF CLINICAL LABORATORY SCIENCE PRACTITIONERS, STATE ELECTRICAL BOARD, BOARD OF MEDICAL EXAMINERS, BOARD OF NURSING, BOARD OF NURSING HOME ADMINISTRATORS, BOARD OF OPTOMETRY, BOARD OF PHYSICAL THERAPY EXAMINERS, BOARD OF PRIVATE SECURITY, BOARD OF PUBLIC ACCOUNTANTS, BOARD OF REALTY REGULATION, BOARD OF RESPIRATORY CARE PRACTITIONERS, BOARD OF VETERINARY MEDICINE, BOARD OF PERSONNEL APPEALS, HUMAN RIGHTS COMMISSION, AND UNEMPLOYMENT INSURANCE APPEALS BOARD DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA
TO: All Concerned Persons
1. On July 7, 2022, at 10:00 a.m., the Department of Labor and Industry (department) will hold a public hearing via remote conferencing to consider the proposed amendment and adoption of the above-stated rules. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways: a. Join Zoom Meeting, https://mt-gov.zoom.us/j/82327314819; Meeting ID: 823 2731 4819, Passcode: 432828; or b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656; Meeting ID: 823 2731 4819, Passcode: 432828. The hearing will begin with a brief introduction by department staff to explain the use of the videoconference and telephonic platform. All participants will be muted except when it is their time to speak.
2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on June 30, 2022, to advise us of the nature of the accommodation that you need. Please contact Brandon Kirchgasler, Department of Labor and Industry, P.O. Box 1728, Helena, Montana 59624-1728; telephone (406) 444-3359, facsimile (406) 444-4140, or Montana Relay Service at 711; or e-mail [email protected].
3. GENERAL STATEMENT OF REASONABLE NECESSITY: In 2001, the Montana Legislature transferred professional and occupational licensing functions from the Department of Commerce (DOC) to the Department of Labor and Industry (department) via Senate Bill 445. With the transfer, the professional and occupational licensing boards and programs became allocated to the department for administrative purposes. Because the department had not previously promulgated public participation rules, and to maintain procedural continuity and afford licensees, license applicants, and the public the right of public participation per 2-3-103, MCA, all references to DOC's citizen participation rules remained in place in the boards' administrative rules. Following the transfer to the department, the professional and occupational licensing boards and programs have continuously operated so as to permit and encourage the public to participate in agency decisions that are of significant interest to the public. The department proposed to adopt three new rules regarding public participation to fully comply with the requirements of 2-3-103, MCA, and meet the needs of the department, its customers, and the Montana public. MAR Notice No. 24-2-390 was published April 29, 2022, and public comments were accepted through May 27, 2022. The department intends to file the final notice in this project on May 31, 2022, adopting the three rules exactly as proposed. These new rules will be effective June 11, 2022. The department determined it is reasonably necessary to combine the boards' related rule amendments into two rulemaking notices for timeliness, efficiency, and cost effectiveness. Implementing the rules simultaneously for as many boards as possible will reduce confusion regarding the rulemaking process and ensure that most boards operate under the same public participation rules at the same time. Therefore, 20 of the boards administratively attached to the department are amending their rules to incorporate and align with the department's new public participation rules at this time. Where necessary, authority and implementation citations are amended to accurately reflect all statutes implemented through a rule and provide the complete sources of a board's rulemaking authority. Where additional specific bases for a proposed action exist, the individual board will identify those reasons immediately following that rule.
4. The department is proposing to amend the following rules. The rules proposed to be amended are as follows, stricken matter interlined, new matter underlined: UNEMPLOYMENT INSURANCE APPEALS BOARD
24.7.101 ORGANIZATION AND PUBLIC PARTICIPATION OF THE UNEMPLOYMENT INSURANCE APPEALS BOARD (1) remains the same. (2) The board adopts the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title to the extent they do not conflict with statute or rule.
UNEMPLOYMENT INSURANCE APPEALS BOARD LAURA FIX, CHAIR
HUMAN RIGHTS COMMISSION
24.9.101 ORGANIZATION AND PUBLIC PARTICIPATION OF THE HUMAN RIGHTS COMMISSION (1) and (2) remain the same. (3) The commission adopts the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title to the extent they do not conflict with statute or rule.
AUTH: 2-3-103, 2-4-201, 49-2-204, 49-3-106, MCA IMP: 2-3-103, 2-4-201, 49-2-501, 49-2-505, 49-2-510, 49-2-511, 49-3-315, MCA
HUMAN RIGHTS COMMISSION PETER M. DAMROW, CHAIR
BOARD OF PERSONNEL APPEALS
24.26.201 ADOPTION OF (1) The Board of Personnel Appeals adopts the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title. (2) The Board of Personnel Appeals adopts procedural rules and public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title to the extent they do not conflict with statute or rule.
BOARD OF PERSONNEL APPEALS BRIAN HOPKINS, PRESIDING OFFICER
5. Several boards administratively attached to the department are proposing to adopt and amend specific board rules to align with the department's proposed new public participation rules within this notice and correct references from the Department of Commerce to the Department of Labor and Industry. The proposed amendments and new rules are presented in alphabetical order and grouped according to each board or program for clarity, readability, and ease of reference within this notice. The rules proposed to be adopted or amended provide as follows, stricken matter interlined, new matter underlined:
BOARD OF ARCHITECTS AND LANDSCAPE ARCHITECTS
24.114.201 PROCEDURAL RULES (1) remains the same.
IMP: 2-4-201, MCA
24.114.202 PUBLIC PARTICIPATION (1) The Board of Architects and Landscape Architects adopts and incorporates
BOARD OF ARCHITECTS AND LANDSCAPE ARCHITECTS MAIRE EITHNE O'NEILL, PRESIDENT
BOARD OF ATHLETIC TRAINERS
24.118.101 BOARD ORGANIZATION (1) remains the same.
IMP: 2-4-201, MCA
24.118.201 PROCEDURAL RULES (1) The Board of Athletic Trainers adopts and incorporates
IMP: 2-4-201, MCA
NEW RULE I PUBLIC PARTICIPATION (1) The Board of Athletic Trainers adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.
AUTH: 2-3-103, MCA IMP: 2-3-103, MCA
NEW RULE II FEE ABATEMENT (1) The Board of Athletic Trainers adopts and incorporates the fee abatement rule of the Department of Labor and Industry as found at ARM 24.101.301.
AUTH: 37-1-131, 37-36-102, MCA IMP: 17-2-302, 17-2-303, 37-1-134, MCA
REASON: The Board of Athletic Trainers is proposing New Rule II to adopt and incorporate the department's fee abatement rule. This board was established in 2007, but delayed the adoption of this rule to coincide with the department's public participation rules notice for cost savings and efficiency. Most other licensure boards already have this rule in place.
BOARD OF ATHLETIC TRAINERS JOHN WEIDA, CHAIR
BOARD OF BARBERS AND COSMETOLOGISTS
24.121.102 BOARD ORGANIZATION (1) The Board of Barbers and Cosmetologists adopts and incorporates the organizational rules of the Department of Labor and Industry
IMP: 2-4-201, MCA
24.121.201 PROCEDURAL RULES (1) The Board of Barbers and Cosmetologists adopts and incorporates the procedural rules of the
NEW RULE III PUBLIC PARTICIPATION (1) The Board of Barbers and Cosmetologists adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.
AUTH: 2-3-103, MCA IMP: 2-3-103, MCA
BOARD OF BARBERS AND COSMETOLOGISTS ANGELA PRINTZ, PRESIDENT
BOARD OF CHIROPRACTORS
24.126.101 BOARD ORGANIZATION (1) The Board of Chiropractors
IMP: 2-4-201, MCA
24.126.201 PROCEDURAL RULES (1) The Board of Chiropractors
IMP: 2-4-201, MCA
24.126.202 PUBLIC PARTICIPATION
IMP: 2-3-103, MCA
BOARD OF CHIROPRACTORS MARCUS NYNAS, D.C., PRESIDENT
BOARD OF CLINICAL LABORATORY SCIENCE PRACTITIONERS
24.129.101 BOARD ORGANIZATION (1) The
IMP: 2-4-201, MCA
24.129.201 PROCEDURAL RULES (1) The
IMP: 2-4-201, MCA
24.129.202 PUBLIC PARTICIPATION
IMP: 2-3-103, MCA
BOARD OF CLINICAL LABORATORY SCIENCE PRACTITIONERS MATTHEW KALANICK, CLS, CHAIR
STATE ELECTRICAL BOARD
24.141.101 BOARD ORGANIZATION (1) The
IMP: 2-4-201, MCA
24.141.201 PROCEDURAL RULES (1) The
IMP: 2-4-201, MCA
24.141.202 PUBLIC PARTICIPATION (1) The
IMP: 2-3-103, MCA
STATE ELECTRICAL BOARD DERRICK HEDALEN, PRESIDENT
BOARD OF MEDICAL EXAMINERS
24.156.202
AUTH: 2-3-103, MCA IMP: 2-3-103, MCA
BOARD OF MEDICAL EXAMINERS CHRISTINE EMERSON, R.D., PRESIDENT
BOARD OF NURSING
24.159.101 BOARD ORGANIZATION (1) The Board of Nursing
IMP: 2-4-201, MCA
24.159.201 PROCEDURAL RULES (1) The Board of Nursing
IMP: 2-4-201, MCA
24.159.202 PUBLIC PARTICIPATION (1) The Board of Nursing
IMP: 2-3-103, MCA
BOARD OF NURSING SARAH SPANGLER, R.N., PRESIDENT
BOARD OF NURSING HOME ADMINISTRATORS
24.162.101 BOARD ORGANIZATION (1) The Board of Nursing Home Administrators
IMP: 2-4-201, MCA
24.162.201 PROCEDURAL RULES (1) The Board of Nursing Home Administrators
IMP: 2-4-201, MCA
24.162.202 PUBLIC PARTICIPATION
IMP: 2-3-103, MCA
BOARD OF NURSING HOME ADMINISTRATORS KATHRYN BEATY, PRESIDING OFFICER
BOARD OF OPTOMETRY
24.168.101 BOARD ORGANIZATION (1) The Board of Optometry
IMP: 2-4-201, MCA
24.168.201 PROCEDURAL RULES (1) The Board of Optometry
IMP: 2-4-201, MCA
24.168.202
IMP: 2-3-103, MCA
BOARD OF OPTOMETRY DR. DOUGLAS KIMBALL, PRESIDENT
BOARD OF PHYSICAL THERAPY EXAMINERS
24.177.101
IMP: 2-4-201, MCA
24.177.201 PROCEDURAL RULES (1) remains the same.
IMP: 2-4-201, MCA
24.177.202 PUBLIC PARTICIPATION
IMP: 2-3-103, MCA
BOARD OF PHYSICAL THERAPY EXAMINERS HOLLY CLAUSSEN, PT, PRESIDING OFFICER
BOARD OF PRIVATE SECURITY
24.182.101 BOARD ORGANIZATION (1) remains the same.
AUTH: 2-4-201, MCA IMP: 2-4-201, MCA
24.182.202 PUBLIC PARTICIPATION (1) The Board of Private Security adopts and incorporates the public participation rules of the Department of
IMP: 2-3-103, MCA
BOARD OF PRIVATE SECURITY HOLLY DERSHEM-BRUCE, PRESIDENT
BOARD OF PUBLIC ACCOUNTANTS
24.201.201 PROCEDURAL RULES (1) The
AUTH: 2-4-201, IMP: 2-4-201, MCA
24.201.202 PUBLIC PARTICIPATION
AUTH: 2-3-103,
BOARD OF PUBLIC ACCOUNTANTS DAN VUCKOVICH, CPA, PRESIDING OFFICER
BOARD OF REALTY REGULATION
24.210.101 BOARD ORGANIZATION (1) The
IMP: 2-4-201, MCA
24.210.201 PROCEDURAL RULES (1) The
IMP: 2-4-201, MCA
24.210.202 PUBLIC PARTICIPATION (1) The Board of Realty Regulation adopts and incorporates
IMP: 2-3-103, MCA
BOARD OF REALTY REGULATION DAN WAGER, PRESIDING OFFICER
BOARD OF RESPIRATORY CARE PRACTITIONERS
24.213.101 BOARD ORGANIZATION (1) The
IMP: 2-4-201, MCA
24.213.201 PROCEDURAL RULES (1) The
IMP: 2-4-201, MCA
24.213.202 PUBLIC PARTICIPATION
BOARD OF RESPIRATORY CARE PRACTITIONERS JUSTIN O'BRIEN, PRESIDING OFFICER
BOARD OF BEHAVIORAL HEALTH
24.219.201 PROCEDURAL RULES (1) remains the same.
IMP: 2-4-201, MCA
24.219.204 PUBLIC PARTICIPATION (1) The Board of Behavioral Health adopts and incorporates
AUTH: 2-3-103, MCA IMP: 2-3-103, MCA
BOARD OF BEHAVIORAL HEALTH ELAINE MARONICK, LCSW-LMFT, CHAIR
BOARD OF VETERINARY MEDICINE
24.225.101 BOARD ORGANIZATION (1) The Board of Veterinary Medicine
IMP: 2-4-201, MCA
24.225.201 PROCEDURAL RULES (1) The Board of Veterinary Medicine
IMP: 2-4-201, MCA
24.225.202 PUBLIC PARTICIPATION
IMP: 2-3-103, MCA
BOARD OF VETERINARY MEDICINE BARBARA CALM, DVM, PRESIDENT
6. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to Department of Labor and Industry, P.O. Box 1728, Helena, Montana 59624-1728; facsimile (406) 444-4140; or e-mail [email protected], and must be received no later than 5:00 p.m., July 8, 2022.
7. 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, which includes the name and e-mail or mailing address of the person to receive notices and specifies the particular subject matter or matters regarding which the person wishes to receive notices. Such written request may be mailed or delivered to the contact person in paragraph 2 above or may be made by completing a request form at any rules hearing held by the agency.
8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
9. Pursuant to 2-4-111, MCA, the boards have determined that the rule changes proposed in this notice will not have a significant and direct impact upon small businesses.
10. Department staff has been designated to preside over and conduct this hearing.
/s/ DARCEE L. MOE /s/ LAURIE ESAU Darcee L. Moe Laurie Esau, Commissioner Rule Reviewer DEPARTMENT OF LABOR AND INDUSTRY
Certified to the Secretary of State May 31, 2022.
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