Administrative Rules of the State of Montana

BEFORE THE Department of COMMERCE

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 8.94.3727, 8.94.3729, and 8.94.3730 and the repeal of ARM 8.94.3726 pertaining to the administration of the CDBG program

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NOTICE OF AMENDMENT AND REPEAL

TO: All Concerned Persons

1. On March 13, 2020, the Department of Commerce published MAR Notice No. 8-94-182 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 436 of the 2020 Montana Administrative Register, Issue Number 5.

2. The department has thoroughly considered the comment and testimony received. A summary of the comment received and the department's response are as follows:

COMMENT #1: The commenter would like to ensure that CDBG and other funding at Commerce promote community accessibility and to allow cities and towns to highlight those projects and how user-friendly communities are. The commenter would also like to see in the ranking process a rating on accessibility of the project.

RESPONSE #1: The Department of Commerce continues to support the inclusion of accessibility and visit-ability in proposed projects to the greatest extent possible, particularly when funds are used for newly constructed facilities or projects that involve ADA improvements. The department ensures ADA requirements are carried out, which includes documenting the completion of ADA self-assessment and transition plan when utilizing funds through CDBG. Facilities funded through CDBG, HOME, and HTF are required to be ADA accessible and meet Section 504 accessibility standards.

3. The department has amended ARM 8.94.3727, 8.94.3729, and 8.94.3730 as proposed and has repealed ARM 8.94.3726.

/s/ Amy Barnes /s/ Tara Rice

Amy Barnes Tara Rice

Rule Reviewer Director

Department of Commerce

Certified to the Secretary of State April 21, 2020.