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MAR), a Twice-Monthly Publication, Has Three Sections MONTANA ADMINISTRATIVE REGISTER ISSUE NO. 20 The Montana Administrative Register (MAR), a twice-monthly publication, has three sections. The notice section contains state agencies' proposed new, amended or repealed rules; the rationale for the change; date and address of public hearing; and where written comments may be submitted. The rule section indicates that the proposed rule action is adopted and lists any changes made since the proposed stage. The interpretation section contains the attorney general's opinions and state declaratory rulings. Special notices and tables are found at the back of each register. Inquiries regarding the rulemaking process, including material found in the Montana Administrative Register and the Administrative Rules of Montana, may be made by calling the Administrative Rules Bureau at (406) 444-2055. Page Number TABLE OF CONTENTS NOTICE SECTION ADMINISTRATION, Department of, Title 2 2-2-297 Notice of Public Hearing on Proposed Adoption and Repeal - Nondiscrimination-Equal Employment Opportunity - Sexual Harassment Prevention Policy - Equal Employment Opportunity Policy. 2732-2739 AGRICULTURE, Department of, Title 4 4-14-118 Notice of Proposed Repeal, Amendment and Adoption - Seeds. No Public Hearing Contemplated. 2740-2761 4-14-119 Notice of Proposed Amendment and Adoption - Commercial Feed. No Public Hearing Contemplated. 2762-2773 4-14-120 Notice of Proposed Amendment - Loan Qualifications. No Public Hearing Contemplated. 2774-2776 STATE AUDITOR, Title 6 6-6-124 Notice of Proposed Adoption - Canadian Broker-dealer Registration. No Public Hearing Contemplated. 2777-2779 -i- 20-10/26/00 Page Number COMMERCE, Department of, Title 8 8-18-24 (Montana State Electrical Board) Notice of Extension of Comment Period to November 10, 2000 - In the Matter of the Petition for Declaratory Ruling on the Clarification of Low Voltage Electrical Communication or Signal Equipment - Whether Parking Lot or Street Lighting are Covered by Electrical Code - Which Electrical Code is Applicable. 2780-2781 8-32-53 (Board of Nursing) Notice of Extension of Comment Period to November 2, 2000 - In the Matter of the Petition for Declaratory Ruling on the Issue of Whether the Scope of the Nurse Practice Act Allows all Levels of Nursing to Conduct Un-waived CLIA Tests. 2782-2783 8-48-22 (Board of Professional Engineers and Land Surveyors) Notice of Public Hearing on Proposed Amendment and Adoption - License Seal - Safety and Welfare of the Public - Performance of Services in Areas of Competence - Conflicts of Interest - Avoidance of Improper Solicitation of Professional Employment - Direct Supervision - Definition of Responsible Charge - Introduction - Issuance of Public Statements. 2784-2790 8-61-15 (Board of Social Work Examiners and Professional Counselors) Notice of Public Hearing on Proposed Amendment - Definitions - Licensure Requirements. 2791-2794 ENVIRONMENTAL QUALITY, Department of, Title 17 17-133 (Hazardous Waste) Notice of Public Hearing on Proposed Adoption and Repeal - Identification and Management of Hazardous Wastes. 2795-2859 TRANSPORTATION, Department of, Title 18 18-26 (Montana Transportation Commission and Department of Transportation) Notice of Proposed Amendment - Debarment of Contractors Due to Violations of Department Requirements - Determination of Contractor Responsibility. No Public Hearing Contemplated. 2860-2868 20-10/26/00 -ii- Page Number LIVESTOCK, Department of, Title 32 32-3-149 (Board of Livestock) Notice of Proposed Amendment and Adoption - Fees Charged to Record, Transfer, Rerecord New or Existing Brands or to Provide Certified Copies of Recorded Brands - Fees Charged by the Montana Department of Livestock Veterinary Diagnostic Laboratory. No Public Hearing Contemplated. 2869-2877 32-3-150 (Board of Milk Control) Notice of Public Hearing on Proposed Adoption and Amendment - Pricing of Producer Milk - Utilization - Procedures to Purchase - Marketing of Surplus Milk. 2878-2882 32-3-151 (Board of Livestock) Notice of Proposed Amendment and Adoption - Laboratory Services. No Public Hearing Contemplated. 2883-2888 PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37 37-174 Notice of Public Hearing on Proposed Adoption, Amendment and Transfer - Mental Health Services. 2889-2952 PUBLIC SERVICE REGULATION, Department of, Title 38 38-2-160 Notice of Public Hearing on Proposed Amendment - Refunds of Utility Customer Deposits. 2953-2955 38-2-161 Notice of Public Hearing on Proposed Amendment - Pipeline Safety. 2956-2958 SECRETARY OF STATE, Title 44 44-2-107 Notice of Public Hearing on Proposed Amendment - Scheduled Dates for the Montana Administrative Register. 2959-2961 RULE SECTION ADMINISTRATION, Department of, Title 2 AMD State Procurement. 2962 COMMERCE, Department of, Title 8 AMD (Chemical Dependency Counselors Certification Program) Education - Verification of Supervised Counseling Experience - Application Procedures - Written Examinations - Counselors Certified in Other States - Renewals - Continuing Education. 2963-2964 -iii- 20-10/26/00 Page Number COMMERCE, Continued AMD (Board of Medical Examiners) Temporary Approval. 2965-2966 NEW (Board of Medical Examiners) Telemedicine. 2967-2968 REP (Board of Investments) INTERCAP Program. 2969 NEW (Economic Development Division) Montana Board of Research and Commercialization Technology. 2970-2974 FISH, WILDLIFE AND PARKS, Department of, Title 12 NEW (Fish, Wildlife and Parks Commission) Western Fishing District Limiting Watercraft to No Wake Speed for Lakes Less than 35 Acres - Instituting a No Wake Zone Contiguous to the Shoreline on Lakes Greater than 35 Acres. 2975-2983 ENVIRONMENTAL QUALITY, Department of, Title 17 AMD (Board of Environmental Review) (Major Facility Siting) Major Facility Siting Act. 2984 LIVESTOCK, Department of, Title 32 AMD (Board of Livestock) Fluid Milk and Grade A Milk Products - Milk Freshness Dating. 2985 PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37 Corrected Notice of Adoption and Amendment - Communicable Disease Control. 2986-2987 REVENUE, Department of, Title 42 AMD Natural Resource Taxes REP 2988 SPECIAL NOTICE AND TABLE SECTION Functions of Administrative Rule Review Committee. 2989-2990 How to Use ARM and MAR. 2991 Accumulative Table. 2992-3004 Boards and Councils Appointees. 3005-3010 Vacancies on Boards and Councils. 3011-3032 Elected Official Vacancies. 3033-3054 20-10/26/00 -iv- -2732- BEFORE THE DEPARTMENT OF ADMINISTRATION OF THE STATE OF MONTANA In the matter of the adoption ) NOTICE OF PUBLIC HEARING of new rules for ) ON PROPOSED ADOPTION OF Nondiscrimination-Equal ) NEW RULES FOR Employment Opportunity and ) NONDISCRIMINATION-EQUAL the repeal of ARM 2.21.1301 ) EMPLOYMENT OPPORTUNITY through 2.21.1307, and ) AND THE REPEAL OF ARM 2.21.1311 in the Sexual ) 2.21.1301 THROUGH Harassment Prevention policy, ) 2.21.1307 AND 2.21.1311 and repeal of ARM 2.21.8107 ) IN THE SEXUAL HARASSMENT through 2.21.8109 in the ) PREVENTION POLICY AND Equal Employment Opportunity ) REPEAL OF ARM 2.21.8107 policy ) THROUGH 2.21.8109 IN THE ) EQUAL EMPLOYMENT ) OPPORTUNITY POLICY TO: All Concerned Persons 1. On November 17, 2000, at 9:00 a.m., a public hearing will be held in Room 136, Mitchell Building, 125 N. Roberts Street, Helena, Montana to consider the proposed adoption of new rules for Nondiscrimination-Equal Employment Opportunity and repeal of rules regarding the Sexual Harassment Prevention Policy and the Equal Employment Opportunity Policy. 2. The Department of Administration will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m. on November 10, 2000, to advise us of the nature of the accommodation that you need. Please contact State Personnel Division, Department of Administration, P.O. Box 200127, Helena, MT 59620-0127; telephone (406) 444-3871; TDD (406) 444-1421; FAX (406) 444-0544; e-mail [email protected]. 3. The rules as proposed to be adopted provide as follows: RULE I. SHORT TITLE (1) This subchapter may be cited as the nondiscrimination-equal employment opportunity policy. AUTH: 2-18-102, MCA IMP: 2-18-102, MCA RULE II. POLICY AND OBJECTIVES (1) It is the policy of the state of Montana that state government: (a) is an equal employment opportunity employer; (b) does not discriminate in employment based upon race, color, national origin, age, physical or mental disability, marital status, religion, creed, sex, sexual orientation, or political beliefs; and MAR Notice No. 2-2-297 20-10/26/00 -2733- (c) implement and maintain an effective equal employment opportunity program which may include a written affirmative action plan. (2) It is the objective of this policy to establish minimum standards for the implementation of an equal employment opportunity program for all executive branch agencies, in compliance with relevant state and federal laws, regulations, and executive orders. AUTH: 2-18-102, MCA IMP: 2-18-102, MCA RULE III. DEPARTMENT OF ADMINISTRATION ROLE (1) The department of administration shall: (a) develop equal employment opportunity (EEO) standards and guidelines and administrative systems to support the state EEO program; (b) provide EEO analyses, reports, and technical assistance needed by executive branch agencies to establish EEO programs; (c) provide follow up assistance where problem areas are identified; (d) provide training for managers and employees; and (e) encourage departments
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