Montana Administrative Code

4.3.406 LIMITATIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-2-106 MCA Implementing statute(s): Sec. 80-2-103 MCA History: NEW, 1977 MAR p. 942, Eff. 11/26/77; REP, 1996 MAR p. 545, Eff.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

4.3.407 DISCONTINUING NEW STUDENT LOANS (REPEALED) Authorizing statute(s): 80-2-106, MCA Implementing statute(s): 80-2-103, MCA History: NEW, 1979 MAR p. 1180, Eff. 10/12/79; REP, 2015 MAR p. 2136, Eff. 12/11/15.

4.3.501 OBJECTIVE Participation loans are made to substandard income rural individuals to assist them in securing funds for operating expenses and real estate purchases. The agricultural finance program may participate in farm and ranch real estate and operating loans with the US…

4.3.502 OPERATING REQUIREMENTS Participation of operating loans shall give the department of agriculture a first lien position on all collateral listed on the subordination agreement. Operating loans will be for a one year maximum time frame. Operating loans may be made for 60% o…

4.3.503 REAL ESTATE REQUIREMENTS The department of agriculture shall hold the first mortgage position on all real estate participation loans. Real estate loans will be made upon availability of funds, but in no case shall the term exceed a 20 year repayment schedule. Title insura…

4.3.601 OBJECTIVES The objective of the rural assistance loan program is to assist substandard income rural persons, or persons who are unable to obtain reasonable commercial credit at reasonable rates and terms. The further objective is to provide for such other rural rehabilita…

4.3.602 QUALIFICATIONS Application must be made to the Montana Department of Agriculture. All application documents must be completed and presented to the department before the department loan committee will consider the request. Each applicant must be unable to obtain the needed…

4.3.603 CLOSING REQUIREMENTS A joint bank account with the borrower and the department may be established at the time the loan funds are disbursed. A member of the local loan committee or other representative of the Montana department of agriculture may be designated to countersi…

4.3.604 LIMITATIONS Loan amounts shall not exceed $75,000 for any one individual. Loans may be renegotiated up to the maximum of $75,000. Interest rates for loans shall be established yearly by the director of the Montana department of agriculture. Loans will bear simple interest…

4.4.101 BOARD ORGANIZATION The state board of hail insurance hereby adopts and incorporates the organizational rules of the department of agriculture as listed in chapter 1 of this title. Authorizing statute(s): 2-15-121 and 80-2-201, MCA Implementing statute(s): 80-2-201, MCA Hi…

4.4.201 BOARD PROCEDURE The state board of hail insurance herein adopts and incorporates the model procedural rules with the exception, modifications and additions thereto, whichever is applicable, as set out in chapter 2 of this title. Authorizing statute(s): 2-15-121 and 80-2-2…

4.4.202 PUBLIC PARTICIPATION (REPEALED) Authorizing statute(s): 2-15-121, 80-2-201, MCA Implementing statute(s): 2-3-103, MCA History: NEW, 2008 MAR p. 942, Eff. 5/9/08; REP, 2015 MAR p. 2136, Eff. 12/11/15.

4.4.301 ADJUSTMENT OF HAIL LOSS When the adjustment of a hail loss is made, the percentage of loss allowed shall be that percentage of the crop which has been destroyed by hail only. The adjustment shall be subject to the condition mentioned in ARM 4.4.315 Liability To Cease for …

4.4.302 AT LEAST 5% LOSS NEEDED If any insured claims a loss and no appreciable part of any field shows a loss of at least 5%, the insured may be required to pay the adjusting expense. All loss claims must be filed with the state board of hail insurance at Helena within 14 days a…

4.4.303 INSURED CROPS All crops authorized under 80-2-205, MCA, including the following, may be insured at any time through August 15. alfalfa alfalfa seed barley beans camelina canary seed canola chick peas corn flax fruit grass crops* herbs lentils millet mint mustard oats peas…

4.4.304 HAY CROPS This hail insurance covers up to a total loss on any one-cutting hay crop, or partial losses on hay crops with more than one cutting per season, up to where the losses amount to not more than the equivalent of a total loss of one cutting. Authorizing statute(s):…

4.4.305 PROVISIONS OF COVERAGE Hail insurance on all insured crops is in force for the full growing season with the following provisions: there will be no liability on grain until 75% of the plants are plainly jointed; no liability is assumed on beans and peas until they show a p…

4.4.306 APPLICATION FOR INSURANCE Persons wishing to participate in the hail insurance program shall file a properly filled out and signed application with the Montana Department of Agriculture no later than August 15. Authorizing statute(s): 80-2-201, MCA Implementing statute(s)…

4.4.307 TIME POLICY BECOMES EFFECTIVE (IS HEREBY REPEALED) Authorizing statute(s): 80-2-201, MCA Implementing statute(s): 80-2-203, MCA History: NEW, 1978 MAR p. 719, Eff. 5/26/78; REP, 1993 MAR p. 939, Eff. 5/14/93.

4.4.308 REAPPRAISAL In case of disagreement on any adjustment, the insured must ask for reappraisal within 10 days. The insured may at his option submit the matter to arbitration as provided in 80-2-243 , MCA or sue the state board of hail insurance in the district court of the c…

4.4.309 FILING OF APPLICATION FOR REDUCTION AND SCHEDULE When an application for reduction of premium is filed and approved, the rate on such crops withdrawn shall be computed in proportion to the time the insurance is in force, and in accordance with the maximum rate established…

4.4.310 SPECIAL CROPS REDUCTION All growers of grain and other special crops seeking a reduction of premium shall be subject to the dates in ARM 4.4.309 except five days additional shall be allowed: all growers in the counties adjoining the Canadian border; and those in other cou…

4.4.311 RECEIPT OF REFUND To receive a refund of any surplus funds declared by the hail board, a policy holder must have his premium paid in full by July 1st of the following crop season. Authorizing statute(s): 80-2-201, MCA Implementing statute(s): 80-2-222, MCA History: NEW, 1…

4.4.312 PROCESS OF PAYMENT FOR LOSSES Any losses occurring under policies issued for this application shall be payable within 40 days of the occurrence of the loss as follows: Loss payment shall be applied to outstanding policy premium (regardless of location in Montana) ; loss p…

4.4.313 LOSSES EXCEEDING THE PREMIUM FOR THAT YEAR If the losses for any year exceed the premiums for that year plus the reserve fund, if any, then the payment on losses shall be prorated share-and-share-alike among all suffering loss by hail. Authorizing statute(s): 80-2-201, MC…

4.4.314 CUT OFF DATE (IS HEREBY REPEALED) Authorizing statute(s): 80-2-201, MCA Implementing statute(s): 80-2-241, MCA History: NEW, 1978 MAR p. 719, Eff. 5/26/78; REP, 1993 MAR p. 939, Eff. 5/14/93.

4.4.315 LIABILITY TO CEASE FOR STATE BOARD OF HAIL INSURANCE The liability of the state board of hail insurance for damage by hail to crops insured under this act shall cease when: The crops are headed, mowed, or harvested in any manner except that liability against damage by hai…

4.4.316 LIABILITY ON ALL CROPS The liability on all crops insured will expire October 1 at 11:59 p.m. Authorizing statute(s): 80-2-201, MCA Implementing statute(s): 80-2-203 and 80-2-241, MCA History: NEW, 1978 MAR p. 719, Eff. 5/26/78; AMD, 1993 MAR p. 939, Eff. 5/14/93; AMD, 20…

4.4.317 REQUEST FOR INSURANCE ON HAIL DAMAGED GRAIN A producer may request insurance for a crop that has already had hail damage if they comply with the following: the request must be made on a form furnished by the department; the form must be completed in full and signed; the f…

4.4.318 PAYING 100% WHEN THE LOSS SHOWS AT LEAST 90% OR ABOVE ACTUAL LOSS The State Hail Insurance Program will pay the producer 100% of the payable amount when the adjuster shows by count that the loss is 90% or above. Authorizing statute(s): 80-2-201, MCA Implementing statute(s…

4.4.319 DISPUTED APPRAISAL If a party files a claim and is dissatisfied with the final determination of the adjustment, the party may appeal the determination pursuant to 80-2-201 and 80-2-243 , MCA. In the case where another insurance company is involved, the board reserves the …

4.5.101 DEFINITIONS When used in these rules, unless a different meaning clearly appears from the context: "Department" means the department of agriculture provided for in 2-15-3001 , MCA. "Weed management" or "control" means the planning and implementation of a coordinated progr…

4.5.102 APPLICATION PROCEDURE The department will specify funding cycles and application deadlines as necessary. The department may return an insufficient or incomplete proposal for correction or completion. The department may provide the applicant with reasons for the proposal's…

4.5.103 APPLICATION CONTENT FOR GRANTS All applications for grants shall contain: Name, address, and telephone number of the project sponsor, project manager and liaison (if different than manager) . Title or name of the proposed project. Location of proposed project. A brief des…

4.5.104 TECHNICAL, FEASIBILITY OF PROJECTS Technical data and information to be provided in the proposal shall include but is not limited to the following: A thorough discussion of the work plan including the purpose, location and schedule of major project phases. A listing of he…

4.5.105 PROJECT EVALUATION All project sponsors shall document the results of the project and the impact on the state and/or renewable resource. The amount of information required for evaluation of the technical, economic, environmental, financial and other factors may vary depen…

4.5.106 ECONOMIC ASSESSMENT OF PROJECTS The projects which receive funding shall demonstrate tangible return to the state of Montana or its citizens. The applicant shall document current benefit and cost data. Authorizing statute(s): Sec. 80-7-802 MCA Implementing statute(s): Sec…

4.5.107 LEGAL REQUIREMENTS The applicant is required to follow all statutory and regulatory standards. Authorizing statute(s): Sec. 80-7-802 MCA Implementing statute(s): Sec. 80-7-814 MCA History: NEW, 1986 MAR p. 651, Eff. 4/25/86.

4.5.108 EVALUATION OF PROJECTS The advisory council shall review and rank all projects as high, medium or low and by majority vote recommend to the department those projects which meet appropriate criteria for the project and the program. The advisory council shall consider the f…

4.5.109 REPORTING AND MONITORING PROCEDURES The project sponsor or project manager shall monitor the progress and results of the project and evaluate its overall effectiveness. The project sponsor shall submit to the department fiscal reports and written progress reports as deter…

4.5.110 NOXIOUS WEED LIST (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-7-802 MCA Implementing statute(s): Sec. 80-7-801(3) and 80-7-812 MCA History: NEW, 1986 MAR p. 651, Eff. 4/25/86; REP, 1988 MAR p. 268, Eff. 2/12/88.

4.5.111 NOXIOUS WEED IDENTIFICATION AND VERIFICATION The department will identify new and potentially harmful noxious weeds based on characteristics which make the plant undesirable, troublesome, and/or difficult to control in cropland, rangeland, forestry, industrial, recreation…

4.5.112 NOXIOUS WEED MANAGEMENT COUNCIL The members of the Noxious Weed Management Advisory Council appointed by the director serve two-year terms. Authorizing statute(s): 80-7-802, MCA Implementing statute(s): 80-7-805, MCA History: NEW, 1986 MAR p. 651, Eff. 4/25/86; AMD, 1992 …

4.5.113 DEALER RECORD REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 and 80-7-802 MCA Implementing statute(s): Sec. 80-7-812 MCA History: NEW, Eff. 7/5/76; TRANS from ARM 4.10.504(5) (b), Eff. 12/31/88; REP, 1997 MAR p. 974, Eff. 7/22/97.

4.5.201 DESIGNATION OF NOXIOUS WEEDS The department designates certain exotic plants listed in these rules as statewide noxious weeds under the County Weed Control Act 7-22-2101(5), MCA. All counties must implement management standards for these noxious weeds consistent with weed…

4.5.202 CATEGORY 1 (REPEALED) Authorizing statute(s): 7-22-2101, MCA Implementing statute(s): 7-22-2101, 80-7-802, MCA History: NEW, 1986 MAR p. 337, Eff. 3/14/86; AMD, 1991 MAR p. 511, Eff. 4/26/91; AMD, 1994 MAR p. 563, Eff. 3/18/94; AMD, 2000 MAR p. 451, Eff. 2/11/00; AMD, 200…

4.5.203 CATEGORY 2 (REPEALED) Authorizing statute(s): 7-22-2101, 80-7-802, MCA Implementing statute(s): 7-22-2101, MCA History: NEW, 1986 MAR p. 337, Eff. 3/14/86; AMD, 1989 MAR p. 899, Eff. 7/14/89; AMD, 1991 MAR p. 511, Eff. 4/26/91; AMD, 1994 MAR p. 563, Eff. 3/18/94; AMD, 199…