Montana Administrative Code

4.2.330 EMERGENCIES The agency may take or permit action having a significant impact on the quality of the human environment in an emergency situation without preparing an EIS. Within 30 days following initiation of the action, the agency shall notify the governor and the EQC as …

4.2.331 CONFIDENTIALITY Information declared confidential by state law or by an order of a court must be excluded from an EA and EIS. The agency shall briefly state the general topic of the confidential information excluded. Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA Impl…

4.2.332 RESOLUTION OF STATUTORY CONFLICTS Whenever a conflicting provision of another state law prevents the agency from fully complying with these rules the agency shall notify the governor and the EQC of the nature of the conflict and shall suggest a proposed course of action t…

4.2.333 CONTRACTS AND DISCLOSURE The agency may contract for preparation of an EIS or portions thereof. Whenever an EIS or portion thereof is prepared by a contractor, the agency shall furnish guidance and participate in the preparation, independently evaluate the statement or po…

4.2.334 PUBLIC HEARINGS Whenever a public hearing is held on an EIS or an EA, the agency shall issue a news release 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 advi…

4.2.335 FEES: DETERMINATION OF AUTHORITY TO IMPOSE 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 a…

4.2.336 FEES: DETERMINATION OF AMOUNT 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 amoun…

4.2.337 USE OF FEE 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 addition…

4.20.101 MEDIATION SERVICES OF THE DEPARTMENT The department may provide mediation to federal and state programs for which it is designated or has contractually agreed to provide services. The department may provide additional mediation services for other agricultural disputes if…

4.20.102 REQUEST FOR MEDIATION SERVICES A party wishing to use the department's mediation services for a mediation will request in writing that the department schedule a mediation. The request must state the parties involved and the nature of the dispute. The department will eith…

4.20.103 FEES The department will charge $200 per hour for mediations. The parties will split the total cost equally and each party will be responsible for their portion of each mediation. These fees are to be paid at the end of each session. Authorizing statute(s): 80-1-102, 80-…

4.20.104 MEDIATION CONFIDENTIALITY The mediation is confidential to the extent allowed by state law with all the exceptions allowed in state law. The department will not have any liability for violations of this confidentiality but will strive to protect it to the extent allowed …

4.20.105 TRAINING The department may train its own staff for mediation and may open these trainings up to non-departmental staff including but not limited to other state agencies and law students. If non-departmental staff is trained they may be charged a fee of up to $100 per ho…

4.20.106 DENIAL OF MEDIATION SERVICES If the department is unable or unwilling to provide mediation services, it will inform the requesting party of that fact and to the extent allowed provide the reason for the denial. Authorizing statute(s): 80-1-102, 80-11-103, 80-12-301, MCA …

4.21.101 COMMITTEE ORGANIZATION The organization of the Montana Pulse Crop Committee has been sufficiently set out in Chapter 1 of this title. Authorizing statute(s): 2-4-201, 2-15-112, 80-1-102, 80-11-1003, MCA Implementing statute(s): 2-4-201, 2-15-112, 2-15-121, MCA History: N…

4.21.201 PROCEDURAL RULES The committee adopts and incorporates the Attorney General’s model procedural rules as stated in ARM 1.3.101 through 1.3.233 and the department’s public participation rules in ARM 4.2.201 through 4.2.204. A copy of the model rules may be obtained from th…

4.21.202 PUBLIC PARTICIPATION Public participation is to be allowed to the fullest extent practicable and consistent with other requirements of state law and the rights and requirements of personal privacy. The purpose of this rule is to provide transparency, aid in the responsiv…

4.21.203 AWARDING OF CONTRACT Citizens shall have the opportunity for involvement in awarding of contracts and this shall be provided by observing the laws regarding awarding of contracts by public agencies. These laws require that any significant contracts be submitted to bid an…

4.21.204 COMMITTEE LIAISON In addition to all other requirements the committee shall continue to maintain liaison with citizen organizations active in areas concerning committee responsibilities. This liaison will be on formal and informal basis through participation in their mee…

4.21.301 GRANTS Grant applications for project funding must be received by the deadline set by the committee. The committee shall set at least one grant deadline per year. Consideration of a late grant application may occur if the committee agrees by unanimous vote. Authorizing s…

4.21.302 REVIEW AND EVALUATION All applications shall be reviewed and evaluated for project type, funding requested, market need for the project, and whether the project is new or on-going. Authorizing statute(s): 80-1-102, 80-11-1003, MCA Implementing statute(s): 80-11-1003, MCA…

4.21.303 COMMITTEE DETERMINATION At the first meeting of the committee following the grant application deadline the projects to be funded for the following fiscal period are selected and the amount of grant funding will be determined. Authorizing statute(s): 80-1-102, 80-11-1003,…

4.21.304 NOTIFICATION OF AWARDS Grant applicants shall be notified within 60 days after the committee’s budget meeting as to whether or not their application(s) have been granted. Applicants shall also be notified of the amount to be funded for each approved project. Authorizing …

4.21.305 PERFORMANCE EVALUATION The committee shall periodically evaluate all outstanding grant agreements for adequate and satisfactory financial control, accounting, and performance by grantee(s). Authorizing statute(s): 80-1-102, 80-11-1003, MCA Implementing statute(s): 80-11-…

4.21.306 MODIFICATION OR TERMINATION OF GRANTS The committee may modify or terminate the funding of any grant if a determination is made that the grantee has not complied or cannot comply with a provision of the grant agreement. The committee shall notify the grantee in writing w…

4.21.307 PROHIBITION ON INDIRECT PAYMENTS In order to make sure funds are not used for prohibited purposes, indirect costs are not generally allowed as a part of a grant. If the committee chooses to make an exception of the rule, a unanimous vote is required and the percentage of…

4.21.401 PULSE ASSESSMENT AND REFUNDS There shall be levied an assessment of one percent of the net receipts of pulse crops produced in Montana. All assessments are subject to refund provided the following criteria are met: Application for assessment refund shall be in writing on…

4.21.402 REQUIREMENTS FOR REPORTS All monthly pulse merchandiser report forms shall be sent out from the Montana Pulse Crop Committee. Reports shall be completed and returned to the committee after being properly signed and sworn to every month. These reports shall be filed with …

4.21.403 CORRECTION OF ERROR ON REPORTS Checking of all reports for errors in the amount of pulses purchased, amount of assessment paid, failure to make payment of assessment on all first purchases of pulses, or lack of signature will be addressed in the following manner: A telep…

4.21.404 PENALTY MATRIX Any person failing to produce past due reports will be subject to a fee based on the following matrix: Amount withheld No refunds affected 1-5 refunds affected Greater than 5 refunds affected Less than $1,000 $50 $500 $1,000 $1,000-$10,000 $500 $1,000 $2,5…

4.22.101 ANALYTICAL LAB FEE SCHEDULE Fees for Water and Miscellaneous Samples: Alkalinity....................$50.00 Hardness....................$50.00 Nitrate....................$15.00 Nitrate/Nitrate as Nitrogen....................$150.00 pH....................$15.00 Sulfate....…

4.22.102 PESTICIDE SAMPLE FEES The fee is based on the matrix and whether it is being tested for the presence of one chemical residue or multiple as illustrated below: Matrix Individual Multi-Residue Water: $200.00 $400.00 Soil: $250.00 $300.00 Vegetation: $250.00$300.00 The lab …

4.22.103 DISCOUNTS To be eligible for a discount, samples must be submitted at the same time for the same test. Discount by number of samples: 1-2....................No Discount 3-6....................10% Discount 7+....................20% Discount Authorizing statute(s): 80-1-10…

4.22.104 CONTRACT WORK As time permits, the lab may take on contract work for other governmental or private entities to perform services needed and within the scope of the expertise of the lab. The lab will set fees for this based on negotiations. Authorizing statute(s): 80-1-104…

4.23.101 OBJECTIVES The primary objectives of the Student Loan Assistance Program are to: encourage Montana's college-educated youth to pursue a primary career in farming or ranching; reduce financial stress on Montana's farm and ranch operators; and promote succession planning t…

4.23.102 APPLICATION PROCEDURES FOR LOAN REPAYMENT ASSISTANCE PROGRAM Application forms for farmer loan repayment assistance will be published annually on the department's website. Applicants must provide all requested information and meet eligibility and documentation requiremen…

4.23.103 ELIGIBILTY AND DOCUMENTATION REQUIREMENTS The Agriculture Development Council will direct the department to conduct a review of eligibility prior to making funding decisions. Applicants must provide sufficient documentation to establish: proof of residency; completion of…

4.23.104 ANNUAL MONITORING AND DISBURSEMENTS The department will conduct annual monitoring activities for ongoing eligibility verification and program compliance. Annual monitoring activities will be documented on reports established by department staff and stored at the departme…

4.23.105 REPAYMENT Funding recipients who cease to operate the farm or ranch before the end of the five-year commitment period must repay the total amount of assistance received to date. Funding recipients who fail to complete required monitoring reports or abide by written agree…

4.3.101 ASSETS Rural development loans through the Montana department of agriculture will be made from the assets of the former Montana rural rehabilitation corporation. The word "assets" includes the basic assets and the income, proceeds and acquisitions therefrom. Authorizing s…

4.3.102 USAGE The assets may be used for the purpose of aiding in the development of substandard income rural families and individuals who live in the state of Montana. Applicants must be unable to provide the needed funds themselves, and unable to acquire them from other sources…

4.3.201 OBJECTIVES The primary objectives of the junior agriculture loan program (livestock, agri-business) are to: further encourage Montana's rural youth to enter into agricultural projects; preserve interest in Montana's agricultural future; and provide financing experience an…

4.3.202 QUALIFICATIONS A complete application must be made to the Montana department of agriculture. Each applicant must provide evidence and/or sign a written statement that they are unable to acquire the needed funds from another source at reasonable rates or terms. Active memb…

4.3.203 CLOSING REQUIREMENTS A joint bank account may be established at the time the loan funds are disbursed. The project supervisor, or another member of the local loan committee, shall be designated to counter-sign checks drawn on this account by the borrower. All livestock pr…

4.3.204 LIMITATIONS The director of the Montana department of agriculture shall establish interest rates for loans yearly. Loans will bear simple interest charged yearly on the unpaid balance. The interest rate on established loans may be reviewed and adjusted to correspond with …

4.3.401 OBJECTIVES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-2-106 MCA Implementing statute(s): Sec. 80-2-103 MCA History: NEW, 1977 MAR p. 942, Eff. 11/26/77; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.3.402 LENDER QUALIFICATIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-2-106 MCA Implementing statute(s): Sec. 80-2-103 MCA History: NEW, 1977 MAR p. 942, Eff. 11/26/77; REP, 1996 MAR p. 545, Eff. 2/23/96.