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BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

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In the matter of the proposed amendment of ARM 23.15.102, regarding definitions

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NOTICE OF PROPOSED AMENDMENT � � NO PUBLIC HEARING CONTEMPLATED � �

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TO:�All Concerned Persons

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1. �On August 1, 2008, the Department of Justice proposes to amend the above-stated rule.

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2.�The department 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 the department no later than 5:00 p.m. on July 21, 2008, to advise us of the nature of the accommodation that you need.�Please contact 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].

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����������� 3.�The rule as proposed to be amended is as follows:

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����������� 23.15.102�GENERAL DEFINITIONS�(1) through (6) remain the same.�

����������� (7)�"Unit" is the crime victims unit�"Program" is the Crime Victims Compensation Program.�

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����������� AUTH:� 53-9-104, mca

����������� IMP:����� 53-9-103, 53-9-125, 53-9-127, 53-9-128, mca

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RATIONALE AND JUSTIFICATION: �The change to this definition is intended to clarify what division of the Office of Victims Services handles crime victims' compensation claims.�The proper division is the Crime Victims Compensation Program as denoted in the new definition for "program."

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4.�Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to:�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 5:00 p.m. on July 10, 2008.

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������5.�If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments they have to the Stuart Segrest at the above address no later than July 10, 2008.

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�������6.�If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date.�Notice of the hearing will be published in the Montana Administrative Register.�The number of persons affected is more than 25 based on the number of enrollees in the Crime Victims Compensation Program.

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�������7.�An electronic copy of this Notice is available through the Department of Justice web site at http://doj.mt.gov/resources/administrativerules.asp.�The department strives to make the electronic copy of this 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 department strives 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, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.

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��� 8.�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.�A copy of the interested persons request form may be printed from the Department of Justice's web site at http://doj.mt.gov/resources/administrativerules.asp, and mailed to the rule reviewer.�

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9.�The bill sponsor notice requirements of 2-4-302, MCA, do not apply.�

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By:����� /s/ Mike McGrath������������������������������ ����������� /s/ Stuart Segrest�����������������������������

����������� Mike McGrath������������������������������������������ STUART SEGREST

����������� Attorney General������ ����������������������������������� Rule Reviewer

����������� Department of Justice���������

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Certified to the Secretary of State June 2, 2008.