BEFORE THE DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 8.94.3729 pertaining to the administration of the 2018 and 2019 Program Year Federal Community Development Block Grant (CDBG) Program – Public Facilities Projects and ARM 8.94.3730 pertaining to the administration of the 2018 and 2019 Program Year Federal Community Development Block Grant (CDBG) Program – Affordable Housing Projects

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

           1. On December 6, 2018, at 10:00 a.m., the Department of Commerce will hold a public hearing in Room 268 of the Park Avenue Building at 301 South Park Avenue, in Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

2. The Department of Commerce 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 the Department of Commerce no later than 5:00 p.m., December 4, 2018, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0523; telephone (406) 841-2596; TDD 841-2702; fax (406) 841-2771; or e-mail bmartello@mt.gov.

 

3.  The rules as proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

 

8.94.3729 INCORPORATION BY REFERENCE OF RULES FOR THE APPLICATION AND ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – PUBLIC FACILITIES PROJECTS (1) The Department of Commerce adopts and incorporates by reference the 2017-2018  2018-2019 Application and Administrative Guidelines for Public Facilities Projects Grants as rules for the administration of the 2017-2018 2018-2019 Community Development Block Grant (CDBG) Program.

(2) The rules incorporated by reference in (1) relate to the scope and procedures for the award, administration, monitoring, and close-out of matching planning grants to cities, towns, counties, and consolidated governments.

(3) Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Grants Bureau Community Development Divison, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the Grants Bureau Community Development Division's web site at http://comdev.mt.gov/Programs/CDBG/Facilities/Overview.

  

AUTH:  90-1-103, MCA

IMP:  90-1-103, MCA

 

REASON:  It is reasonably necessary to adopt this rule because the federal regulations governing the state's administration of the Community Development Block Grant Program (CDBG) and 90-1-103, MCA, require the department to adopt rules to implement the program.

 

8.94.3730 INCORPORATION BY REFERENCE OF RULES FOR THE APPLICATION AND ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – AFFORDABLE HOUSING DEVELOPMENT PROJECTS 

(1) The Department of Commerce adopts and incorporates by reference the 2017-2018 2018-2019 Application and Administrative Guidelines for Affordable Housing Development Projects as rules for the administration of the 2017-2018 2018-2019 Community Development Block Grant (CDBG) Program.

(2) The rules incorporated by reference in (1) relate to the scope and procedures for the award, administration, monitoring, and close-out of matching project grants to cities, towns, counties, and consolidated governments.

(3) Copies of the regulations adopted by reference in (1) may be obtained from the Department of Commerce, Grants Bureau Community Development Divison, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, or on the Grants Bureau Community Development Division's web site at http://comdev.mt.gov/Programs/CDBG/Housing/Overview.

 

AUTH:  90-1-103, MCA

IMP:  90-1-103, MCA

 

REASON:  It is reasonably necessary to adopt this rule because the federal regulations governing the state's administration of the Community Development Block Grant Program (CDBG) and 90-1-103, MCA, require the department to adopt rules to implement the program.

 

            4. 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 the Department of Commerce, Legal Department, 301 South Park Avenue, P.O. Box 2002501, Helena, Montana 59620-0523; telephone (406) 841-2596; TDD 841-2702; fax (406) 841-2771; or e-mail DOCAdministrativeRules@mt.gov, and must be received no later than 5:00 p.m., December 14, 2018.

 

5. Bonnie Martello, Paralegal, Department of Commerce, has been designated to preside over and conduct this hearing.

 

6. The department 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 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 listed in 4 above or may be made by completing a request form at any rules hearing held by the department.

 

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

 

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

 

/s/ Marty Tuttle                                              /s/ Pam Haxby-Cote                        

Marty Tuttle                                                  Pam Haxby-Cote

Rule Reviewer                                              Director

                                                                     Department of Commerce

 

            Certified to the Secretary of State November 7, 2018.