reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.2 - DEPARTMENT RULES › Subchapter 8.2.3 - Montana Environmental Policy Act › Rule 8.2.324 - PUBLIC HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) Whenever a
				public hearing is held on an EIS or an EA, the agency shall issue a news
				release or legal notice to newspapers of general circulation in the area to be
				affected by the proposed action prior to the hearing. The news release or legal
				notice must advise the public of the nature of testimony the agency wishes to
				receive at the hearing. The hearing must be held after the draft EIS has been
				circulated and prior to preparation of the final EIS. A hearing involving an
				action for which an EA was prepared must be held after the EA has been
				circulated and prior to any final agency determinations concerning the proposed
				action. In cases involving an applicant, the agency shall allow an applicant a
				reasonable time to respond in writing to comments made at a public hearing,
				notwithstanding the time limits contained in ARM
				8.2.313, the applicant may waive
				his right to respond to comments made at a hearing.
(2) In addition to the procedure in (1)
				above, the agency shall take such other steps as are reasonable and appropriate
				to promote the awareness by interested parties of a scheduled
				hearing.
(3) The agency shall hold
				a public hearing whenever requested within 20 days of issuance of the draft EIS
				by either:
(a) 10% or 25, whichever is less,
				of the persons who will be directly affected by the proposed action;
(b) by another agency which has jurisdiction
				over the action;
(c) an association
				having not less than 25 members who will be directly affected by the proposed
				action; or
(d) the applicant, if
				any.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.2 - DEPARTMENT RULES › Subchapter 8.2.3 - Montana Environmental Policy Act › Rule 8.2.325 - FEES: DETERMINATION OF AUTHORITY TO IMPOSE

Current through Register Vol. 13, July 5, 2024
(1) Whenever an application for a lease,
				permit, contract, license or certificate is expected to result in the agency
				incurring expenses in excess of $2,500 to compile an EIS, the applicant is
				required to pay a fee in an amount the agency reasonably estimates, as set
				forth in this rule, will be expended to gather information and data necessary
				to compile an EIS.
(2) The agency
				shall determine within 30 days after a completed application is filed whether
				it will be necessary to compile an EIS and assess a fee as prescribed by this
				rule. If it is determined that an EIS is necessary, the agency shall make a
				preliminary estimate of its costs. This estimate must include a summary of the
				data and information needs and the itemized costs of acquiring the data and
				information, including salaries, equipment costs and any other expense
				associated with the collection of data and information for the EIS.
(3) Whenever the preliminary estimated costs
				of acquiring the data and information to prepare an EIS total more than $2,500,
				the agency shall notify the applicant that a fee must be paid and submit an
				itemized preliminary estimate of the cost of acquiring the data and information
				necessary to compile an EIS. The agency shall also notify the applicant to
				prepare and submit a notarized and detailed estimate of the cost of the project
				being reviewed in the EIS within 15 days. In addition, the agency shall request
				the applicant to describe the data and information available or being prepared
				by the applicant which can possibly be used in the EIS. The applicant may
				indicate which of the agency's estimated costs of acquiring data and
				information for the EIS would be duplicative or excessive. The applicant must
				be granted, upon request, an extension of the 15-day period for submission of
				an estimate of the project's cost and a critique of the agency's preliminary
				EIS data and information accumulation cost assessment.
Sec.
					 75-1-202, MCA; IMP, Sec.
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206,
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.2 - DEPARTMENT RULES › Subchapter 8.2.3 - Montana Environmental Policy Act › Rule 8.2.326 - FEES: DETERMINATION OF AMOUNT

Current through Register Vol. 13, July 5, 2024
(1)
				After receipt of the applicant's estimated cost of the project and analysis of
				an agency's preliminary estimate of the cost of acquiring information and data
				for the EIS, the agency shall notify the applicant within 15 days of the final
				amount of the fee to be assessed. The fee assessed must be based on the
				projected cost of acquiring all of the information and data needed for the EIS.
				If the applicant has gathered or is in the process of gathering information and
				data that can be used in the EIS, the agency shall only use that portion of the
				fee that is needed to verify the information and data. Any unused portion of
				the fee assessed may be returned to the applicant within a reasonable time
				after the information and data have been collected or the information and data
				submitted by the applicant have been verified, but in no event later than the
				deadline specified in these rules. The agency may extend the 15-day period
				provided for review of the applicant's submittal but not to exceed 45 days if
				it believes that the project cost estimate submitted is inaccurate or
				additional information must be obtained to verify the accuracy of the project
				cost estimate. The fee assessed must not exceed the limitations provided in
				75-1-203(2),
				MCA.
(2) If an applicant believes
				that the fee assessed is excessive or does not conform to the requirements of
				this rule or Title 75, chapter 1, part 2, MCA, the applicant may request a
				hearing pursuant to the contested case provisions of the Montana Administrative
				Procedure Act. If a hearing is held on the fee assessed as authorized by this
				subsection, the agency shall proceed with its analysis of the project wherever
				possible. The fact that a hearing has been requested is not grounds for
				delaying consideration of an application except to the extent that the portion
				of the fee in question affects the ability of the department to collect the
				data and information necessary for the EIS.
Sec.
					 75-1-202, MCA; IMP, Sec.
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206,
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.2 - DEPARTMENT RULES › Subchapter 8.2.3 - Montana Environmental Policy Act › Rule 8.2.327 - USE OF FEE

Current through Register Vol. 13, July 5, 2024
(1) The fee
				assessed hereunder may only be used to gather data and information necessary to
				compile an EIS. No fee may be assessed if an agency intends only to compile an
				EA or a programmatic review. If a department collects a fee and later
				determines that additional data and information must be collected or that data
				and information supplied by the applicant and relied upon by the agency are
				inaccurate or invalid, an additional fee may be assessed under the procedures
				outlined in these rules if the maximum fee has not been collected.
(2) Whenever the agency has completed work on
				the EIS, it shall submit to the applicant a complete accounting of how any fee
				was expended. If the money expended is less than the fee collected, the
				remainder of the fee shall be refunded to the applicant without interest within
				45 days after work has been completed on the final EIS.
Sec.
					 75-1-202, MCA; IMP, Sec.
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206,
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.2 - DEPARTMENT RULES › Subchapter 8.2.4 - Substantive Rules › Rule 8.2.401 - PROCESS SERVERS - EXAMINATION FEE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 25-1-1104, MCA; IMP, Sec.
					 25-1-1104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.2 - DEPARTMENT RULES › Subchapter 8.2.5 - Quality Schools Grant Program (Repealed) › Rule 8.2.501 - INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM - PLANNING GRANTS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-6-323,
					 MCA; IMP:
					 50-6-306,
					 50-6-313,
					 50-6-323,
					 MCA
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.2 - DEPARTMENT RULES › Subchapter 8.2.5 - Quality Schools Grant Program (Repealed) › Rule 8.2.502 - INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM - EMERGENCY GRANTS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 90-6-819,
					 MCA IMP:
					 90-6-819,
					 MCA
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.2 - DEPARTMENT RULES › Subchapter 8.2.5 - Quality Schools Grant Program (Repealed) › Rule 8.2.503 - INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM - PROJECT GRANTS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 90-6-819,
					 MCA IMP:
					 90-6-819,
					 MCA
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.2 - DEPARTMENT RULES › Subchapter 8.2.5 - Quality Schools Grant Program (Repealed) › Rule 8.2.504 - INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM - PLANNING GRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-6-819, MCA; IMP,
					 90-6-819,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.4 - BOARD OF ALTERNATIVE HEALTH CARE (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.4.404 - Certification for Specialty Practice of Naturopathic Childbirth Attendance

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.111.510
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.4 - BOARD OF ALTERNATIVE HEALTH CARE (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.4.509 - Vaginal Birth After Cesarean (VBAC) Deliveries

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.111.612
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.101 - FEES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.401
37-1-131,
					 37-1-134,
					 37-35-103, MCA; IMP,
					 37-1-131,
					 37-1-134,
					 37-1-141,
					 37-35-103,
					 37-35-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.102 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.201
37-35-103, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.103 - PUBLIC PARTICIPATION RULES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.202
37-35-103, MCA; IMP,
					 2-3-103,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.104 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.301
37-35-103, MCA; IMP,
					 37-35-102,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.105 - NONRESIDENT CHEMICAL DEPENDENCY COUNSELOR SERVICES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.420
37-35-103, MCA; IMP,
					 37-35-201,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.106 - EDUCATION REQUIREMENT

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.405
37-35-103, MCA; IMP,
					 37-35-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.107 - REQUIRED SUPERVISED EXPERIENCE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.409
37-35-103, MCA; IMP,
					 37-35-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.108 - DOCUMENTATION REQUIRED FOR VERIFICATION OF 1000 HOURS SUPERVISED COUNSELING EXPERIENCE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.410
37-35-103, MCA; IMP,
					 37-35-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.109 - DIRECT SUPERVISION - MINIMUM HOURS REQUIRED

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.411
37-35-103, MCA; IMP,
					 37-35-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.110 - APPLICATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.407
37-35-103, MCA; IMP,
					 37-35-202,
					 37-35-203,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.111 - CERTIFICATION PROCESS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.415
37-35-103, MCA; IMP,
					 37-35-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.112 - WRITTEN EXAMINATION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.416
37-35-103, MCA; IMP,
					 37-35-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.113 - ORAL EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.417
37-35-103, MCA; IMP,
					 37-35-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.114 - COUNSELORS CERTIFIED IN OTHER STATES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.421
37-35-103, MCA; IMP,
					 37-1-131,
					 37-35-103,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.115 - RENEWALS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.2101
37-1-141,
					 37-35-103, MCA; IMP,
					 37-1-141,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.116 - CONTINUING EDUCATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.2105
37-35-103, MCA; IMP,
					 37-35-203,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.117 - COURSE CRITERIA

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.2106
37-35-103, MCA; IMP,
					 37-35-203,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.118 - CONTINUING EDUCATION PROCEDURES AND DOCUMENTATION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.2107
37-1-319,
					 37-35-103, MCA; IMP,
					 37-1-306,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.119 - COMPLAINT PROCEDURE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.2401
37-1-402,
					 37-35-103, MCA; IMP,
					 37-1-402,
					 37-1-403,
					 37-1-404,
					 37-35-301,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.11 - LICENSED ADDICTION COUNSELORS PROGRAM › Subchapter 8.11.1 - Substantive Rules › Rule 8.11.120 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.154.2301
37-1-319,
					 37-35-103, MCA; IMP,
					 37-1-316,
					 37-1-319,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.12 - BOARD OF CHIROPRACTORS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.12.902 - Minimum Requirements for Board-Approved Programs to Qualify for Certification as Evaluators

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.126.904
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.14 - BOARD OF COSMETOLOGISTS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.14.605 - Curriculum - Cosmetology, Manicuring and Esthetics Students

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.132.1104
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.14 - BOARD OF COSMETOLOGISTS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.14.802 - Applications for License - Cosmetologist, Manicurist, Esthetician

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.132.503
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.14 - BOARD OF COSMETOLOGISTS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.14.805 - Application - Out-of-State Cosmetologists, Manicurists, Estheticians

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.132.504
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.14 - BOARD OF COSMETOLOGISTS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.14.807 - Transfer Students - Out-of-State - Cosmetology, Manicuring, Esthetics

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.132.1113
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.14 - BOARD OF COSMETOLOGISTS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.14.816 - Salons/Booth Rental - Cosmetology, Manicuring or Esthetics

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.132.1501
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.15 - CONSTRUCTION BLASTERS, HOISTING AND CRANE OPERATORS AND BOILER ENGINEERS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.15.103 - Construction Blaster License Requirements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.131.501
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.15 - CONSTRUCTION BLASTERS, HOISTING AND CRANE OPERATORS AND BOILER ENGINEERS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.15.104 - Use of Explosives - Incorporation of Standards of National Organizations and Federal Agencies

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.131.406
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.15 - CONSTRUCTION BLASTERS, HOISTING AND CRANE OPERATORS AND BOILER ENGINEERS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.15.107 - Suspension, Revocation or Refusal to Renew Construction Blaster's License

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.131.506
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.15 - CONSTRUCTION BLASTERS, HOISTING AND CRANE OPERATORS AND BOILER ENGINEERS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.15.203 - Hoisting Operators License Requirements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.135.501
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.15 - CONSTRUCTION BLASTERS, HOISTING AND CRANE OPERATORS AND BOILER ENGINEERS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.15.204 - Mine Hoisting Operators License Requirements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.135.530
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.15 - CONSTRUCTION BLASTERS, HOISTING AND CRANE OPERATORS AND BOILER ENGINEERS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.15.205 - Crane Hoisting Operators License Requirements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.135.516
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.15 - CONSTRUCTION BLASTERS, HOISTING AND CRANE OPERATORS AND BOILER ENGINEERS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.15.206 - Procedure to Prohibit Use of Equipment in Violation of Title 50, Chapter 76 Concerning Hoisting Engines and Crane Operators

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.135.410
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.15 - CONSTRUCTION BLASTERS, HOISTING AND CRANE OPERATORS AND BOILER ENGINEERS (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.15.301 - Fee Schedule for Boiler Operating Engineers

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.122.401
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.16 - BOARD OF DENTISTRY (TRANSFERRED TO LABOR AND INDUSTRY, TITLE 24) › Rule 8.16.1002 - Subject Matter Acceptable for Dentist and Dental Hygienist Continuing Education

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				24.138.2102
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.23 - Organizational Rule › Rule 8.22.2301 - BOARD ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Horse Racing adopts and incorporates the organizational rules of the Department
				of Commerce as listed in chapter 1 of this title.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.24 - Procedural Rules › Rule 8.22.2401 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Horse Racing adopts and incorporates the procedural rules of the Department of
				Commerce as listed in chapter 2 of this title.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.24 - Procedural Rules › Rule 8.22.2402 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) In applying the
				rules, the following definitions shall apply unless clearly inconsistent with
				the plain intent of the rule.
(2)
				Singular use of a term shall include the plural, and the masculine gender shall
				include the feminine, except where a particular context clearly requires a
				different meaning.
(3) Added money
				is the money an association adds to the fees paid by horsemen.
(4) Age of a horse is reckoned as beginning
				on the first day of January in the year in which the horse is foaled.
(5) Arrears means money due for entrance
				fees, jockey fees, nomination or supplemental fees in stakes races, purchase
				money in claiming races or default in any payment due incidental to the rules
				of racing or conditions of a race.
(6) Authorized agent is a person appointed on
				a notarized instrument, signed by the owner granting authority to act on behalf
				of the owner and filed with the board.
(7) Breeder of a horse is the owner of its
				dam at the time of foaling.
(8)
				Bred means the state in which a horse was foaled. In the case of foreign
				horses, the country in which it was foaled.
(9) Calendar day is 24 hours, ending at
				midnight.
(10) "Board" means the
				Montana Board of Horse Racing in this chapter.
(11) Breakage is the odd cents over any
				multiple of 10 cents in the amount calculated on a dollar basis of the pay-off
				computation made on a wagering pool.
(12) Declared means scratched as defined
				below.
(13) Directive means an
				official order issued by the board.
(14) "Entrant" or "entry" means according to
				the requirement of the text:
(a) a horse
				eligible to run in a race;
(b) for
				the purpose of simulcast only, two or more horses which are entered in a race
				by the same owner or trained by the same trainer.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.24 - Procedural Rules › Rule 8.22.2403 - INSTITUTION OF PROCEEDINGS BY PETITION

Current through Register Vol. 13, July 5, 2024
(1) A hearing may
				be instituted by:
(a) Petition for review by
				any person who has had a license summarily revoked, suspended or denied or
				renewal refused by the board or its representatives, except where such person
				has waived or failed to avail himself of an opportunity for a hearing prior to
				such board action.
(b) Application
				for a license where such applicant is entitled by statute to a hearing upon
				making application.
(c) Petition by
				any person adversely affected by a ruling of the stewards.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.24 - Procedural Rules › Rule 8.22.2404 - INSTITUTION OF PROCEEDINGS BY NOTICE

Current through Register Vol. 13, July 5, 2024
(1) A hearing may
				be instituted by notice from the board or the department in conformity with the
				Montana Administrative Procedure Act.
(2) Hearings will be conducted under the
				Montana Administrative Procedure Act.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.24 - Procedural Rules › Rule 8.22.2405 - INTERVENTION

Current through Register Vol. 13, July 5, 2024
(1) Any person
				having an interest in the subject matter of any proceeding may petition for
				leave to intervene in such proceeding and may become a party thereto, if the
				board finds that such person may be bound by the order to be entered in the
				proceeding or that such person has a property of financial interest which may
				not be adequately represented by existing parties.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.24 - Procedural Rules › Rule 8.22.2406 - WHO MAY APPEAR

Current through Register Vol. 13, July 5, 2024
(1) Each party may
				be represented by counsel.
(2) Any
				individual may appear for himself, and any member of a partnership which is a
				party may appear for such partnership. An officer or an employee of a
				corporation, association, partnership or of any individual may appear for such
				corporation, association, partnership or individual upon establishing his
				authority to so appear.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.24 - Procedural Rules › Rule 8.22.2407 - STAY OF SUMMARY IMPOSITION OF PENALTY

Current through Register Vol. 13, July 5, 2024
(1) Either the
				applicable board of stewards or the board of horse racing may stay the
				imposition of a fine, license suspension and/or other penalty that results from
				a summary hearing conducted by the stewards with respect to violations of the
				rules of the board and the Montana Code Annotated.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.24 - Procedural Rules › Rule 8.22.2408 - HEARING EXAMINERS

Current through Register Vol. 13, July 5, 2024
(1) In accordance
				with 2-4-611, MCA, a hearing examiner
				may be appointed to preside over administrative contested case proceedings
				under the jurisdiction of the board of horse racing. In those instances in
				which hearing examiners are appointed, the powers of the board defined by these
				administrative rules of procedure shall be available to the hearing examiner.
				The board of horse racing retains jurisdiction under
				2-4-202, MCA, to make all final
				orders.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-202,
					 37-1-121,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.25 - Additional Administrative Rules of Procedure › Rule 8.22.2501 - INTRODUCTION

Current through Register Vol. 13, July 5, 2024
(1) Unless
				otherwise expressly provided, these rules apply with equal effect to live races
				and simulcast races and parimutuel wagering thereon.
Sec.
					 23-4-104,
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 23-4-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.25 - Additional Administrative Rules of Procedure › Rule 8.22.2502 - BOARD OF STEWARDS

Current through Register Vol. 13, July 5, 2024
(1) The stewards
				shall conduct summary hearings with respect to the violations of the rules of
				the board and Montana Code Annotated which have occurred during the period of a
				race meeting.
(2) The stewards
				shall hear the violations which have been committed at the race meeting for
				which they were appointed. The stewards shall rule upon each violation
				according to the appropriate rules of racing and shall report their ruling to
				the board promptly thereafter.
(3)
				Any persons affected by a ruling of the stewards may appeal to the board in the
				manner prescribed by the following rules of procedure:
(a) No appeal shall be heard by the board and
				there shall be no appeal taken unless a written petition is filed with the
				board not later than 15 days after issuance of the order, regulation, rule or
				ruling.
(b) No appeal of a
				steward's decision disqualifying a horse in a race shall be heard by the board
				and there shall be no appeal taken until the stewards are notified before
				release of purses, and unless a written petition is filed with the board not
				later than three days after issuance of the ruling.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.26 - Powers and Duties of Executive Secretary › Rule 8.22.2601 - POWERS AND DUTIES OF EXECUTIVE SECRETARY

Current through Register Vol. 13, July 5, 2024
(1) In accordance
				with 23-4-106, MCA, the department
				shall appoint an executive secretary.
(2) The executive secretary shall:
(a) supervise race meets and oversee all
				activities of all racing officials;
(b) hire and supervise all state racing
				officials for the department;
(c)
				inspect and approve racing facilities;
(d) make inquiries into the financial dealing
				and solvency of any licensee;
(e)
				handle complaints and make recommendations to the board in their
				regard;
(f) prepare agendas for all
				board meetings;
(g) schedule
				hearings and have hearing examiners appointed;
(h) perform other duties as directed by the
				board;
(i) hire staff to assist him
				in performing his duties;
(j)
				maintain and preserve the official records of the board;
(k) approve all racing officials;
(l) disburse funds; and
(m) represent the board with the
				department.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.27 - General › Rule 8.22.2701 - LICENSES ISSUED FOR CONDUCTING PARIMUTUEL WAGERING ON HORSE RACING MEETINGS

Current through Register Vol. 13, July 5, 2024
(1) Every license to hold a race meeting,
				live or simulcast is granted by the board upon the condition that the licensee
				shall enforce the laws of Montana and shall observe and enforce all rules of
				racing and board directives. Failure to comply may constitute sufficient cause
				for revocation of license by the board.
(2) Any corporation, association,
				organization, political subdivision (fairs), partnership or individual desiring
				to conduct parimutuel wagering on live or simulcast horse races or to engage in
				horse race meetings shall apply to the board for dates and a license.
(3) The application for a license to conduct
				a live race meeting with parimutuel wagering during the next succeeding season
				of racing must be filed with the secretary of the board over the signature of
				the applicant or the signature of an executive officer of the applicant no
				later than November 1, unless, for good cause shown, the board shall otherwise
				permit.
(a) The application for a license to
				conduct a simulcast meeting with parimutuel wagering must be filed with the
				secretary of the board over the signature of the applicant or the signature of
				an executive officer of the applicant and may be filed at any time, and will be
				reviewed by the board as submitted.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.27 - General › Rule 8.22.2702 - ANNUAL LICENSE FEES

Current through Register Vol. 13, July 5, 2024
(1) Trainer
$50
(a) Assistant trainer
50
(2) Owner
50
(3) Owner-trainer
50
(4) Track license
350
(5) Jockey
50
(6) Jockey apprentice
35
(7) Jockey agent
35
(8) Authorized agent
25
(9) Stable name
35
(10) Parimutuel
(a) Parimutuel manager
25
(b) Track auditor
50
(c) Totalizator company
1000
(d) Tote employee
25
(e) Parimutuel employees at live race meets and
							 simulcast races
15
(11) Official
(a) Racing secretary
35
(b) Official veterinarian
35
(c) Chief of security
25
(d) Director of racing
25
(e) Identifier
25
(f) Paddock judge
25
(g) Racing secretary assistant
25
(h) Steward-track
25
(i) Starter
25
(j) Track superintendent
25
(k) Custodian jockeys' room
25
(l) Clerk of scales
25
(m) Handicapper
30
(n) Timer
25
(o) Horsemen's bookkeeper
25
(p) Office personnel
25
(12) Occupational
(a) Veterinarian practicing
$50
(b) Plater
35
(c) Announcer
25
(d) Exercise person
30
(e) Groom
25
(f) Valet
25
(g) Photo manager
25
(h) Outrider
25
(i) Pony person
25
(j) Tip sheet seller
25
(k) Photo company
180
(l) Gate attendant
25
(m) Photo employee
25
(n) Security staff
25
(o) Starter assistant
25
(p) Veterinarian assistant
25
(q) Others not listed
25
(r) Track maintenance
25
(s) Spouse/family
25
(t) Director of simulcast network
40
(u) Director at simulcast facility
40
(v) Chart company employee
25
(w) Simulcast site or network license
40
(x) Lessor
50
(y) Program company
125
(13) Shareholder owner
50
(14) Not requiring licenses but requiring
							 identification (Children over 6 years of age and under 16 years of
							 age.)
15
(15) Duplicate license or lost ID cards
15
(16) Former MBOHR board members
0
(17) Pioneer license
0
(30+ years in the industry, not currently licensed,
							 and must be approved by the State Steward.)
AUTH:
					 23-4-104,
					 23-4-201,
					 37-1-134, MCA;
					 IMP:
					 23-4-104,
					 23-4-201,
					 37-1-134,
					 MCA
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.27 - General › Rule 8.22.2703 - OWNER AND BREEDER BONUSES

Current through Register Vol. 13, July 5, 2024
(1) Under
				23-4-204, MCA, the track licensee
				conducting a live race meet shall pay a sum equal to 10% of the first place
				money of every purse won by a horse bred in this state to the board for a
				breeder bonus, within 14 days after the bonus has been earned. The board shall
				distribute the breeders' bonuses to the appropriate breeders within 30 days of
				the end of the race meet in which the bonus was earned. Only the money
				contributed by the track licensee conducting the live race meet may be
				considered in computing the breeder bonus.
(2) The track licensee conducting a live race
				meet shall pay a sum equal to 10% of the first place money of every purse won
				by a horse bred in this state to the board for an owners' bonus, within 14 days
				after the bonus has been earned. The board shall distribute the owners' bonuses
				to the appropriate owners within 30 days of the end of the race meet in which
				the bonus was earned. Only the money contributed by the track licensee
				conducting the live race meet may be considered in computing the owner
				bonus.
(3) Track licensees
				conducting a live race meet may, under
				23-4-204, MCA, utilize a portion
				of funds generated by 3% of exotic wagering on a simulcast race, as deposited
				in the state special revenue fund account and approved by the board, in order
				to pay breeder and owner bonuses.
23-4-202, MCA; IMP,
					 23-4-204,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.27 - General › Rule 8.22.2704 - JOCKEY INCENTIVE AWARD PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) Track licensees
				conducting a live race meet may, with prior approval of the board, under
				23-4-204, MCA, utilize a portion
				of funds generated by 3% of exotic wagering on a simulcast race, as deposited
				in the state special revenue fund account, in order to pay jockey incentive
				awards.
(2) The jockey incentive
				award program will award an amount of money to all remaining eligible jockeys
				at the end of each live race season, if all other incentive award program
				requirements in this rule are met. The board will compile the point totals and
				determine eligibility on a weekly basis. The board is the final authority on
				point totals, eligible jockeys and amounts to be paid at the end of each live
				race season.
(3) All jockey
				incentive award program points are cumulative throughout the live race season.
				All points expire at the end of the current year's race season. The jockey
				incentive program shall be calculated as follows:
(a) First place finish five points
(b) Second place finish four points
(c) Third place finish three points
(d) Fourth place finish two points
(e) Fifth through tenth place finish one
				point
(f) Jockeys named on a horse
				that is scratched one point prior to the race
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.27 - General › Rule 8.22.2705 - PURSE DISBURSEMENT FORMULA

Current through Register Vol. 13, July 5, 2024
(1) Prior
				to the beginning of the live racing season, all funds collected under
				23-4-202,
				MCA, to the board's state special revenue account, including percentages
				collected on live handle, winter simulcast handle, and summer simulcast handle,
				shall be distributed by the board to each live race meet licensed by the board.
				The licensees must use all funds distributed by the board for track purses
				except for the percentage amount set by the board for track operations or other
				purposes approved by the board.
(2) The track licensees shall pay purses
				during the live race meet from funds distributed by the board by expending:
(a) first, any carryover from the previous
				year;
(b) second, winter simulcast
				funds designated for purses;
(c)
				third, all live handle funds; and
(d) fourth, all summer simulcast funds
				designated for purses if available to the track under (4).
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2801 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) It shall be the
				duty of each official to enforce state statutes pertaining to racing, rules of
				racing and directives issued by the board, orders and rules issued by the
				stewards, and all rulings as they may pertain to his official jurisdiction. Any
				official who fails to comply with this rule may be fined, suspended or
				dismissed by the board. Each official shall be required to sign a
				confidentiality statement, on a form prescribed by the board, before beginning
				his/her official duties. The statement shall provide, at a minimum, that
				unauthorized release of confidential information shall be grounds for
				termination and/or license discipline.
(2) Classified as major officials are the
				following:
(a) stewards;
(b) racing secretary;
(c) starter;
(d) official veterinarian;
(e) state security;
(f) director of racing;
(g) assistant racing secretary;
(h) parimutuel manager;
(i) director of simulcast network;
				and
(j) horsemen's
				bookkeeper.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2802 - CLERK OF SCALES

Current through Register Vol. 13, July 5, 2024
(1) The clerk of
				scales shall weigh jockeys out and in, and he shall record and publish any
				overweight or variation from the weight appearing on the card.
(2) The clerk of scales shall record and
				publish on the notice board any overweight or any change of jockey, weight, or
				racing colors, as compared with those stated on the official program and shall
				promptly supply all proper racing officials with all pertinent
				changes.
(3) The clerk of the
				scales shall promptly report to the stewards any infraction of the rules with
				respect to weight, weighing in, or riding equipment.
(4) If the overweight is more than two pounds
				in excess of the weight the horse is to carry, trainer consenting, the jockey
				shall declare the amount of overweight to the clerk of scales at least 45
				minutes before the time appointed for the race. Failure on the part of any
				jockey to comply with this rule shall be reported to the stewards.
(5) Every jockey must be weighed for a
				specified horse not more than 30 minutes before the time fixed for the
				race.
(6) If a horse runs in
				muzzle, martingale or breast plate, they must be included in the jockey's
				weight. His weight shall also include his clothing, boots and saddle and its
				attachments.
(7) None of the
				following items should be included in a jockey's weight:
(a) whip;
(b) head number;
(c) bridle;
(d) bit reins;
(e) number cloth;
(f) blinkers or protective helmet;
(g) safety vest.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2803 - CUSTODIAN OF JOCKEY ROOM

Current through Register Vol. 13, July 5, 2024
(1) It shall be the
				duty of the custodian to see that order, decorum, and cleanliness are
				maintained at all times in the jockey and scale room.
(2) No person, other than racing officials
				and the necessary attendants shall be allowed in the jockey room without
				express permission of the stewards.
23-4-202, MCA; IMP,
					 23-4-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2804 - IDENTIFIER

Current through Register Vol. 13, July 5, 2024
(1) The
				identification of horses in the paddock shall be made by the horse identifier.
				The identifier shall report any identification irregularities to the stewards.
				No horse shall be permitted to start that has not been fully identified by the
				official identifier.
23-4-202, MCA; IMP,
					 23-4-201,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2805 - PADDOCK JUDGE

Current through Register Vol. 13, July 5, 2024
(1) The paddock
				judge shall be in charge of the paddock and shall have general jurisdiction
				over the saddling equipment and changes thereof; and any additional duties as
				determined by the stewards.
(2) The
				paddock judge shall report any irregularities to the stewards.
23-4-202, MCA; IMP,
					 23-4-201,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2806 - RACING SECRETARY

Current through Register Vol. 13, July 5, 2024
(1) The racing
				secretary shall be in attendance on the grounds throughout the race
				meet.
(2) The racing secretary
				shall discharge all duties required by the racing rules and report to the
				stewards as the case demands, all violations of these rules. The racing
				secretary shall record races won on the horse registration papers, not later
				than the day following the race having been won.
(3) The racing secretary shall be responsible
				for:
(a) an official program for each racing
				day, which shall state the time fixed for the first race and give the names of
				the horses which are to run in each of the races of the day; and
(b) any error to the board or commission in
				the official program for each racing day, except the racing secretary shall not
				be responsible for errors in past performance lines obtained from a chart
				company.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2807 - SECURITY DIRECTOR

Current through Register Vol. 13, July 5, 2024
(1) The security
				director shall be responsible for maintaining security at the race track. The
				security director shall be in charge of the backside and frontside areas, and
				the parimutuel area. The security director is authorized to provide for the
				removal of unauthorized persons from restricted areas and for the removal of
				persons causing disturbances upon the premises of the race track.
23-4-104,
					 23-4-202, MCA; IMP,
					 23-4-104,
					 23-4-201,
					 23-4-202,
					 37-1-131,
					 MCA;