Montana Administrative Register Notice 32-14-256 No. 21   11/06/2014    
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In the matter of the amendment of ARM 32.2.405 pertaining to department of livestock miscellaneous fees










TO: All Concerned Persons


1. On December 8, 2014, the Department of Livestock proposes to amend the above-stated rule.


2. The Department of Livestock 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 of Livestock no later than 5:00 p.m. December 1, 2014, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: cmackay@mt.gov.


3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:



           (1) through (1)(a)(ix) remain the same.

           (x) trichomoniasis tags (5)                                                                           5.75 6.45

           (xi) trichomoniasis tags (10)                                                                     11.50 12.90

           (xii) through (2) remain the same.                                                                              

AUTH:  81-1-102, 81-22-102, MCA

IMP: 81-3-107, 81-3-205, 81-3-211, 81-8-304, 81-9-112, MCA


REASON: The department proposes to amend the rule to balance the fees for trichomoniasis tags ordered in bundles of 5, 10, and 25. Currently, bundles of 5 and 10 tags have a lower fee per tag ($1.25/tag) than bundles of 25 tags ($1.29/tag). The fee disparity provides an incentive for producers to order a greater number of smaller bundles rather than a lesser number of large bundles. Tags are received by the department in bags of 25, which must be opened and repackaged to create bundles containing 5 and 10 tags, thus increasing the department's workload and expense for smaller bundles. The proposed amendment would balance the fees for all bundles and is expected to reduce the department's workload and expenses. 


The department proposes to amend the above-stated rule to ensure fees are commensurate with the costs as required by 81-1-102(2), MCA.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to MDOLcomments@mt.gov and must be received no later than 5:00 p.m. December 4, 2014.


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 a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m. December 4, 2014.


6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons 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 3 persons based on a total of 30 producers out of 110 producers that request bundles of less than 25 trichomoniasis tags.


7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this department. 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.


8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State 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 Secretary of State works 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.


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


10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.



            /s/ Christian Mackay                                    BY:      /s/ Cinda Young-Eichenfels

            Christian Mackay                                                     Cinda Young-Eichenfels

            Executive Officer                                                     Rule Reviewer

            Board of Livestock

            Department of Livestock


Certified to the Secretary of State October 27, 2014.



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