BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I through XIII pertaining to Ignition Interlock Devices

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AMENDED NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

 

TO: All Concerned Persons

 

1. On December 9, 2016, the Department of Justice published MAR Notice No. 23-3-245 pertaining to the public hearing on the proposed adoption of the above-stated rules at page 2305 of the 2016 Montana Administrative Register, Issue Number 23. The original hearing date of January 18, 2017, at 10:00 a.m. remains the same.

 

2. The Department of Justice will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Justice no later than 5:00 p.m. on January 9, 2017, to advise us of the nature of the accommodation that you need. Please contact John Paveo, Department of Administration, Human Resources Policy & Program Bureau, State Diversity Program Coordinator, P.O. Box 200127, Helena, Montana, 59620-0127; telephone (406) 444-3984; fax (406) 444-0703; or e-mail jpaveo@mt.gov.

 

3.  The statement of reasonable necessity is being amended as follows, new matter underlined, deleted matter interlined:

 

REASON:  The 1997 Montana Legislature passed Senate Bill 303.  Section 3 of that bill was codified as 61-8-441, MCA.  That section of law directed the Montana Department of Justice to adopt rules providing for the approval of ignition interlock devices (IIDs) and the installation, calibration, repair, and removal of approved devices.  These rules are proposed to fulfill that legislative mandate.

 

Section 61-8-411, MCA, is very specific as to what the proposed rules are to address.  It also requires the rules to be based upon federal standards issued for similar devices.  In developing this rule proposal, the department considered the required federal standards and also looked to what neighboring states had adopted when dealing with similar statutory mandates.  Because IIDs are fitted in vehicles capable of interstate travel, it is important to consider what other states have done to conform to the federal standards.

 

In conformance with the requirements of 61-8-411, MCA, the department is proposing rules which address the general requirements for IIDs (proposed New Rule II), for the certification of IIDs and the renewal of such certifications (proposed New Rules I, III, IV, and IX), and for the certification and regulation of manufacturers and vendors of IIDs (proposed New Rules V and VI).  Requirements for the installation and maintenance of IIDs are also proposed (proposed New Rule X).  The proposed rules also address the procedural process for issuance and renewal of certifications (proposed New Rule VII), the process for the revocation or surrender of certifications (proposed New Rule VIII), and the appeal process should a manufacturer or vendor wish to contest a department action on IIDs (proposed New Rules XII and XIII).

 

          Each of the proposed new rules is considered by the department to be reasonably necessary to the creation of an effective and efficient regulatory system mandated by 61-8-411, MCA.  The department also believes that the proposed rules are reasonably necessary to conform Montana requirements to those of the federal government and other states and necessary for the protection of an applicant's due process rights.

 

          4. The deadline in which to notify interested persons was not met by the department. The department will notify interested persons within three days of the publication of this notice.

 

5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Michele Snowberger, Department of Justice, Motor Vehicle Division, P.O. Box 201430, Helena, Montana, 59620-1430; telephone (406) 444-1776; fax (406) 444-2086; or e-mail msnowberger@mt.gov, and must be received no later than 5:00 p.m., February 17, 2017. The department has extended the comment period fourteen days.

 

 

/s/ Matthew T. Cochenour                     /s/ Timothy C. Fox                     

Matthew T. Cochenour                          Timothy C. Fox

Rule Reviewer                                       Attorney General

                                                              Department of Justice

         

Certified to the Secretary of State December 12, 2016.