HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
Montana Administrative Register Notice 4-14-199 No. 21   11/12/2010    
Prev Next

 

BEFORE THE DEPARTMENT OF AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.16.701, and repeal of  4.16.702 and 4.16.801, relating to Agricultural Marketing Development Program

)

)

)

)

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL

 

 

TO:  All Concerned Persons

 

            1.  On December 3, 2010, at 3:00 p.m. the Montana Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 303 N. Roberts at Helena, Montana, to consider the proposed amendment and repeal of the above-stated rules.

 

            2.  The Department of Agriculture will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process and need an alternative accessible format of this notice.  If you require an accommodation, contact the Department of Agriculture no later than 5:00 p.m. on November 26, 2010, to advise us of the nature of the accommodation that you need.  Please contact Cort Jensen at the Montana Department of Agriculture, 303 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; phone: (406) 444-3144; fax: (406) 444-5409; or e-mail: agr@mt.gov.

 

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

 

4.16.701  AGRICULTURAL MARKETING AND BUSINESS DEVELOPMENT PROGRAM; PURPOSE, GOALS, AND CRITERIA  (1) through (4) remain the same.

(5)  The council will identify, at regularly scheduled meetings at which public comment will be invited, the markets, products, processes, and technologies it seeks to study, expand, or otherwise develop.

(a)  the council shall advertise requests for proposals in compliance with applicable Montana law and shall consider the comments received at its meetings when determining which types of proposals should be requested.

(b)  at a minimum, requests for proposals will include the following:

(i)  specific criteria by which proposals will be selected;

(ii)  the establishment of milestones for evaluating the progress and success of the proposals;

(iii)  a schedule for the submission of periodic progress reports.

 

AUTH:  90-9-202, 90-9-203, MCA

IMP:  90-9-201, 90-9-202, 90-9-401, MCA

 

REASON:  This language is no longer necessary because these issues are addressed in ARM 4.16.503 and 4.16.504 or are addressed contractually.

 

FINANCIAL IMPACT:  There will be no financial impact on this rule.

 

4.  The department proposes to repeal the following rules:

 

4.16.702  APPLICATION PROCEDURES FOR AN AGRICULTURAL MARKETING AND BUSINESS DEVELOPMENT INVESTMENT – SUBMISSION AND USE OF INVESTMENT PROPOSAL

 

AUTH:  90-9-203, MCA

IMP:  90-9-202, 90-9-203, 90-9-303, 90-9-311, 90-9-401, MCA

 

REASON:  This rule must be repealed because it is no longer necessary.  Application requirements are addressed in ARM 4.16.503.

 

FINANCIAL IMPACT:  There will be no financial impact on this rule.

 

4.16.801  RIGHTS TO INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION – CONFIDENTIALITY – AGRICULTURE MARKETING AND BUSINESS DEVELOPMENT ASSISTANCE

 

AUTH:  2-15-112, MCA

IMP:  80-1-102, 80-11-103, MCA

 

REASON:  This rule must be repealed because it conflicts with Montana's Right-to-Know laws.

 

FINANCIAL IMPACT:  There will be no financial impact on this rule.

 

5.  Concerned persons may submit their data, views, or arguments concerning the proposed action either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to: Cort Jensen at the Montana Department of Agriculture, 303 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; telephone (406) 444-3144; fax: (406) 444-5409; or e-mail: agr@mt.gov and must be received no later than December 10, 2010.

 

            6.  The Department of Agriculture 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, e-mail, and mailing address of the person 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 Montana Department of Agriculture, 303 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; fax: (406) 444-5409; or e-mail: agr@mt.gov or may be made by completing a request form at any rules hearing held by the Department of Agriculture.

 

7.  An electronic copy of this Notice of Proposed Amendment is available through the department's web site at www.agr.mt.gov, under the Administrative Rules section.  The department strives to make the electronic copy of the 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.

 

            8.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply

 

DEPARTMENT OF AGRICULTURE

 

 

 

 

/s/ Ron de Yong                                                  /s/ Cort Jensen                                       

Ron de Yong, Director                                        Cort Jensen, Rule Reviewer

 

Certified to the Secretary of State, November 1, 2010.

 

 

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security