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| Montana Administrative Register Notice 24-181-7 | No. 23 12/06/2019 | |
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BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On January 7, 2020, the Department of Labor and Industry (department) proposes to amend and repeal the above-stated rules.
2. The department will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on December 20, 2019, to advise us of the nature of the accommodation that you need. Please contact Grace Berger, Business Standards Division, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2244; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or [email protected].
3. GENERAL STATEMENT OF REASONABLE NECESSITY: The Department of Labor and Industry determined it is reasonably necessary to amend ARM 24.101.413 and repeal ARM Title 24, chapter 181 because these rules are no longer in force. The 2019 Montana Legislature enacted Chapter 293, Laws of 2019 (Senate Bill 267), an act to terminate the Board of Private Alternative Adolescent Residential or Outdoor Programs and transfer the licensing and regulatory duties of the board to the Department of Public Health and Human Services (DPHHS). The bill was signed by the Governor on May 3, 2019 and became effective on July 1, 2019. The DPHHS and interested stakeholders met and drafted new administrative rules to implement Senate Bill 267 and facilitate DPHHS's regulation of Private Alternative Adolescent Residential or Outdoor Programs. The new rules became effective November 8, 2019, and the Department of Labor and Industry's rules are no longer valid or necessary.
4. The rule proposed to be amended is as follows, stricken matter interlined, new matter underlined:
24.101.413 RENEWAL DATES AND REQUIREMENTS (1) through (5)(z) remain the same.
(ab) through (am) remain the same but are renumbered (aa) through (al). (6) and (7) remain the same.
5. The rules proposed to be repealed are as follows:
24.181.301 DEFINITIONS
AUTH: 37-1-131, 37-48-103, MCA
24.181.402 LICENSING FEE SCHEDULE
AUTH: 37-1-131, 37-48-103, MCA IMP: 37-1-134, 37-48-103, 37-48-106, MCA
24.181.403 FEE ABATEMENT
AUTH: 37-1-131, 37-48-103, MCA IMP: 17-2-302, 17-2-303, 37-1-134, MCA
24.181.404 BOARD MEETINGS
AUTH: 37-1-131, 37-48-103, MCA IMP: 37-1-131, 37-48-101, 37-48-103, MCA
24.181.501 APPLICATION FOR LICENSURE
AUTH: 37-1-131, 37-48-103, MCA
24.181.505 ONSITE INSPECTIONS
AUTH: 37-48-103, 37-48-115, MCA IMP: 37-48-103, 37-48-115, MCA
24.181.601 PROGRAM ADMINISTRATION
AUTH: 37-48-103, 37-48-113, MCA IMP: 37-48-103, 37-48-106, 37-48-113, MCA
24.181.603 RIGHTS AND RESPONSIBILITIES OF PROGRAM PARTICIPANTS
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.605 REQUIRED PERSONNEL SCREENING
AUTH: 37-48-108, 37-48-113, MCA IMP: 37-48-108, 37-48-113, MCA
24.181.607 PROGRAM PARTICIPANT PROTECTION
AUTH: 37-48-108, 37-48-113, MCA IMP: 37-48-108, 37-48-113, MCA
24.181.608 PHYSICAL ENVIRONMENT
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.609 PERSONNEL ADMINISTRATION
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.610 RECORD KEEPING
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.611 ADMISSIONS
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.612 DELIVERY OF SERVICES
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.613 INCIDENTS, CRISIS INTERVENTION, AND EMERGENCY PLANS AND SAFETY
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.615 PARTICIPANT TRANSFER AND DISCHARGE
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.616 BEHAVIORAL MANAGEMENT
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.620 CHEMICAL DEPENDENCY TREATMENT
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.621 MEDICAL SERVICES
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.622 MEDICATIONS
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.623 INFECTIOUS DISEASES
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.624 FINANCIAL REQUIREMENTS
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.625 PHYSICAL ENVIRONMENT
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.626 FOOD SERVICES
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.627 CLOTHING
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.628 TRANSPORTATION
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.701 ADMINISTRATION-OUTDOOR PROGRAMS
AUTH: 37-48-103, 37-48-113, MCA IMP: 37-48-103, 37-48-113, MCA
24.181.704 DEFINITIONS-OUTDOOR PROGRAMS
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.706 OUTDOOR PROGRAM STAFF REQUIREMENTS
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.708 OUTDOOR PROGRAM STAFF TRAINING
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.710 OUTDOOR PROGRAM PARTICIPANT ADMISSION REQUIREMENTS
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.711 RATIO OF OUTDOOR PROGRAM PARTICIPANTS TO STAFF
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.716 OUTDOOR PROGRAM PHYSICAL ENVIRONMENT
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.717 OUTDOOR PROGRAM TOOLS AND POTENTIALLY HAZARDOUS MATERIALS
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.718 OUTDOOR PROGRAM HYGIENE
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.719 OUTDOOR PROGRAM WATER, FOOD, AND NUTRITION
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.722 OUTDOOR PROGRAM MEDICAL AND MEDICATION MANAGEMENT, STORAGE, AND ADMINISTRATION
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.723 OUTDOOR PROGRAM EMERGENCY AND EVACUATION PLANS
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.724 OUTDOOR PROGRAM SOLO EXPERIENCE
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.728 OUTDOOR PROGRAM EDUCATION
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.730 OUTDOOR PROGRAM HIGH ADVENTURE REQUIREMENTS
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.802 ADMINISTRATION-RESIDENTIAL PROGRAMS
AUTH: 37-48-103, 37-48-113, MCA IMP: 37-48-103, 37-48-113, MCA
24.181.803 DEFINITIONS - RESIDENTIAL PROGRAMS
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.807 STAFFING
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.810 FOOD SERVICE
AUTH: 37-48-113, MCA IMP: 37-48-113, MCA
24.181.2101 RENEWALS
AUTH: 37-1-131, 37-48-103, 37-48-113, MCA IMP: 37-1-131, 37-1-134, 37-1-141, 37-48-103, 37-48-113, MCA
6. Concerned persons may submit their data, views, or arguments concerning the proposed amendment and repeal in writing to Private Alternative Adolescent Residential or Outdoor Programs, Business Standards Division, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to [email protected], to be received no later than 5:00 p.m., January 3, 2020.
7. If persons who are directly affected by the proposed actions 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 to Grace Berger at the above address no later than 5:00 p.m., January 3, 2020.
8. If the department receives requests for a public hearing on the proposed amendment and repeal from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed rules; 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. Ten percent of those persons directly affected has been determined to be zero persons based on the department no longer issuing these license types.
9. An electronic copy of this notice is available through the Secretary of State's web site at https://sosmt.gov/arm/. Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.
10. The department maintains a list of interested persons who wish to receive notices of rulemaking actions. 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 that the person wishes to receive notices regarding all administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to Grace Berger, Business Standards Division, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, faxed to the office at (406) 841-2305, e-mailed to [email protected], or made by completing a request form at any rules hearing held by the agency.
11. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
12. Regarding the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-stated rules will not significantly and directly impact small businesses.
Certified to the Secretary of State November 26, 2019. |
A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
