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MAR Or Register), a Twice-Monthly Publication, Has Three Sections

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MAR Or Register), a Twice-Monthly Publication, Has Three Sections MONTANA ADMINISTRATIVE REGISTER ISSUE NO. 10 The Montana Administrative Register (MAR or Register), a twice-monthly publication, has three sections. The Proposal Notice Section contains state agencies' proposed new, amended, or repealed rules; the rationale for the change; date and address of public hearing; and where written comments may be submitted.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 Adoption Section contains final rule notices which show any changes made since the proposal stage. All rule actions are effective the day after print publication of the adoption notice unless otherwise specified in the final notice. The Interpretation Section contains the Attorney General's opinions and state declaratory rulings. Special notices and tables are found at the end 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 Secretary of State's Office, Administrative Rules Services, at (406) 444- 2055. Page Number TABLE OF CONTENTS PROPOSAL NOTICE SECTION ADMINISTRATION, Department of, Title 2 2-43-434 (Public Employees' Retirement Board) Notice of Extension of Comment Period on Proposed Amendment - Investment Policy Statement for the Defined Contribution Retirement Plan - Investment Policy Statement for the 457 Deferred Compensation Plan. 1227-1228 2-43-435 (Public Employees' Retirement Board) Notice of Extension of Comment Period on Proposed Adoption and Amendment - Adoption by Reference - State of Montana Public Employees Pooled Trust - State Of Montana Public Employee Defined Contribution Plan Document - State of Montana Public Employee Deferred Compensation (457) Plan Document. 1229-1230 COMMERCE, Department of, Title 8 8-99-83 Notice of Public Hearing on Proposed Amendment - Certified Regional Development Corporations Program. 1231-1236 JUSTICE, Department of, Title 23 23-3-216 Notice of Public Hearing on Proposed Amendment - Release of Driving Records. 1237-1238 -i- 10-5/27/10 Page Number LABOR AND INDUSTRY, Department of, Title 24 24-155-3 (Board of Massage Therapy) Notice of Public Hearing On Proposed Amendment and Adoption - Definitions - Continuing Education - Unprofessional Conduct. 1239-1243 24-301-246 Notice of Public Hearing on Proposed Amendment and Adoption - Incorporation by Reference of International Building Code - Building Code Modifications - Incorporation by Reference of International Existing Building Code - Incorporation by Reference of International Mechanical Code - Incorporation by Reference of International Fuel Gas Code - Plumbing Requirements - Electrical Requirements - Inspection Fees - Refunds - Credits - Definitions. 1244-1268 NATURAL RESOURCES AND CONSERVATION, Department of, Title 36 36-22-145 Notice of Second Public Hearing and Extension of Comment Period on Proposed Repeal and Amendment - Export of Timber Harvested in the State - Maximum Size of Nonadvertised Timber Permits. 1269-1270 PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37 37-512 Notice of Public Hearing on Proposed Adoption - Medicaid for Workers with Disabilities. 1271-1280 37-513 Notice of Negotiated Rulemaking - Establishment of a Negotiated Rulemaking Committee on Guest Ranch and Outfitting and Guide Facilities. 1281-1284 RULE ADOPTION SECTION COMMERCE, Department of, Title 8 8-94-79 Notice of Adoption - Administration of the 2010-2011 Federal Community Development Block Grant (CDBG) Program. 1285-1286 FISH, WILDLIFE AND PARKS, Department of, Title 12 12-361 (Fish, Wildlife and Parks Commission) Notice of Amendment and Adoption - Recreational Water Use on Lake Five. 1287-1289 12-363 Notice of Adoption of a Temporary Emergency Rule - Closing the Belt Creek Within Sluice Boxes State Park From Logging Creek Bridge to Riceville Bridge Parking Area in Cascade Country. 1290-1291 10-5/27/10 -ii- Page Number ENVIRONMENTAL QUALITY, Department of, Title 17 17-302 (Board of Environmental Review) (Air Quality) Notice of Amendment - Montana Air Quality Permits-Exclusion for De Minimis Changes. 1292 NATURAL RESOURCES AND CONSERVATION, Department of, Title 36 36-22-143 (Board of Land Commissioners) Notice of Repeal, Amendment, and Adoption - Surface Leasing - Cabinsite Leasing Rules. 1293-1305 PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37 37-491 Notice of Adoption - State Matching Fund Grants to Counties for Crisis Intervention - Jail Diversion - Involuntary Precommitment - Short-Term Inpatient Treatment Costs - Contracts for Crisis Beds - Emergency Court-Ordered Detention Beds for Persons With Mental Illness. 1306-1317 37-500 Notice of Amendment and Repeal - Standards for Providers of Services Funded Through Certain Disability Transitions Programs. 1318 SECRETARY OF STATE, Office of, Title 44 44-2-158 Notice of Amendment - Elections. 1319-1324 SPECIAL NOTICE AND TABLE SECTION Function of Administrative Rule Review Committee. 1325-1326 How to Use ARM and MAR. 1327 Accumulative Table. 1328-1338 Boards and Councils Appointees 1339-1341 Vacancies on Boards and Councils 1342-1355 -iii- 10-5/27/10 -1227- BEFORE THE PUBLIC EMPLOYEES' RETIREMENT BOARD OF THE STATE OF MONTANA In the matter of the proposed ) NOTICE OF EXTENSION OF amendment of ARM 2.43.3502 ) COMMENT PERIOD ON pertaining to the investment policy ) PROPOSED AMENDMENT statement for the Defined ) Contribution Retirement Plan and ) ARM 2.43.5102 pertaining to the ) investment policy statement for the ) 457 Deferred Compensation Plan ) TO: All Concerned Persons 1. On April 29, 2010, the Montana Public Employees' Retirement Board (PER Board) published MAR Notice No. 2-43-434 pertaining to the proposed amendment of the above-stated rules at page 937 of the 2010 Montana Administrative Register, Issue Number 8. 2. Extending the comment period is necessary to allow sufficient time for interested parties to review the proposed amendment of the above-stated rules that were not previously posted for viewing at the PER Board's web site: http://mpera.mt.gov/rules.asp. The original Notice No. 2-43-434 stated that comments must be received no later than 5:00 p.m., May 28, 2010. Written comments must now be received no later than 5:00 p.m., June 14, 2010. 3. The PER Board 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 PER Board no later than 5:00 p.m. on June 7, 2010, to advise us of the nature of the accommodation that you need. Please contact Dena Helman, Montana Public Employee Retirement Administration, 100 North Park Avenue, Suite 200, P.O. Box 200131, Helena, Montana 59620-0131; telephone (406) 444-2578; TDD (406) 444- 1421; fax (406) 444-5428; or e-mail [email protected]. 4. Concerned persons may present their data, views, or arguments concerning the proposed amendments in writing to Roxanne M. Minnehan, Executive Director, Montana Public Employee Retirement Administration, 100 North Park Avenue, Suite 200, P.O. Box 200131, Helena, Montana 59620-0131; telephone (406) 444-5459; fax (406) 444-5428; or e-mail [email protected] and must be received no later than 5:00 p.m., June 14, 2010. /s/ Melanie A. Symons /s/ John Nielsen Melanie A. Symons John Nielsen Chief Legal Counsel and President Rule Reviewer Public Employees' Retirement Board MAR Notice No. 2-43-434 10-5/27/10 -1228- /s/ Michael P. Manion Michael P. Manion Chief Legal Counsel and Rule Reviewer Certified to the Secretary of State May 17, 2010. 10-5/27/10 MAR Notice No. 2-43-434 -1229- BEFORE THE PUBLIC EMPLOYEES' RETIREMENT BOARD OF THE STATE OF MONTANA In the matter of the adoption of New ) NOTICE OF EXTENSION OF Rule I pertaining to the adoption by ) COMMENT PERIOD ON reference of the State of Montana ) PROPOSED ADOPTION AND Public Employees Pooled Trust, and ) AMENDMENT the amendment of ARM 2.43.3501 ) and 2.43.5101 pertaining to the ) adoption by reference of the State of ) Montana Public Employee Defined ) Contribution Plan Document and the ) State of Montana Public Employee ) Deferred Compensation (457) Plan ) Document, respectively ) TO: All Concerned Persons 1. On April 29, 2010, the Public Employees' Retirement Board (PER Board) published MAR Notice No. 2-43-435 pertaining to the proposed adoption and amendment of the above-stated rules at page 941 of the 2010 Montana Administrative Register, Issue Number 8. 2. Extending the comment period is necessary to allow sufficient time for interested parties to review the proposed adoption and amendment of the above- stated rules that were not previously posted for viewing at the PER Board's web site: http://mpera.mt.gov/rules.asp. The original Notice No. 2-43-435 stated that comments must be received no later than 5:00 p.m., May 28, 2010. Written comments must now be received no later than 5:00 p.m., June 14, 2010. 3. The PER Board 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 PER Board no later than 5:00 p.m. on June 7, 2010, to advise us of the nature of the accommodation that you need. Please contact Dena Helman, Montana Public Employee Retirement Administration, 100 North Park Avenue, Suite 200, P.O. Box 200131, Helena, Montana 59620-0131; telephone (406) 444-2578; fax (406) 444- 5428; TDD (406) 444-1421; or e-mail [email protected]. 4. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Roxanne M. Minnehan, Public Employee Retirement Administration, 100 North Park Avenue, Suite 200, P.O. Box 200131, Helena, Montana 59620-0131; telephone (406) 444-5459; fax (406) 444- 5428; or e-mail [email protected], and must be received no later than 5:00 p.m., June 14, 2010. MAR Notice No. 2-43-435 10-5/27/10 -1230- /s/ Melanie A. Symons /s/ John Nielsen Melanie A. Symons John Nielsen Chief Legal Counsel and President Rule Reviewer Public Employees' Retirement Board /s/ Michael P.
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