BEFORE THE STATE AUDITOR AND COMMISSIONER OF INSURANCE
OF THE STATE OF MONTANA

TO:  All Concerned Persons

1.  On April 12, 2008, the department proposes to amend the above-stated rule.

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 not later than 5:00 p.m., April 10, 2008, to advise us of the nature of the accommodation that you need. Please contact Darla Sautter, State Auditor's Office, Helena, Montana, 59601; telephone (406) 444-2726; fax (406) 444-3497; or e-mail dsautter@mt.gov.

3. The rule as proposed to be amended provides as follows:

6.6.5221 WAITING LIST (1) Eligible small employers assigned to the waiting list must reapply on an annual basis, during the month of October May, in order to remain on the waiting list.

(2) remains the same.

AUTH: 33-22-2005, MCA

IMP: 33-22-2004, 33-22-2005, 33-22-2006, 33-22-2007, 33-22-2008, MCA

4. STATEMENT OF REASONABLE NECESSITY: The department is proposing this change in ARM 6.6.5221 because registrations for all renewals of purchasing pool participants are due during the month of October. Because of the volume of work, it is not possible to process waiting list "renewals" at that time also. During the month of May, Insure Montana staff will have adequate time to complete the task of processing eligibility forms for persons who wish to remain on the waiting list for the purchasing pool. In order to maintain an accurate waiting list, it is necessary to re-establish interest in and eligibility for the purchasing pool waiting list at least once a year.

5. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Christina L. Goe, State Auditor's Office, 840 Helena Avenue, Helena, Montana, 59601, no later than April 10, 2008.

6.  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 to Darla Sautter at the above address no later than April 10, 2008.

7. 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. Ten percent of those directly affected has been determined to be 28 based on 280 individuals on the interested persons list.

8. All parties interested in receiving notification of any change in rules pertaining to this subject should contact the Rule Reviewer in writing at the address shown above.

9. The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled. The bill sponsor, David Wanzenreid, was notified by regular mail on March 3, 2008.

Certified to Secretary of State March 3, 2008.