Montana Administrative Code

4.6.503 ANNUAL CORN CROP COMMODITY ASSESSMENT–COLLECTION (REPEALED) Authorizing statute(s): 80-11-504, 80-11-510, MCA Implementing statute(s): 80-11-504, 80-11-510, 80-11-511, 80-11-512, 80-11-515, 80-11-516, 80-11-517, 80-11-518, 80-11-519, MCA History: NEW, 2014 MAR p. 500, Eff…

4.6.504 APPLICATIONS FOR CORN CROP RESEARCH AND MARKETING PROJECT FUNDS (REPEALED) Authorizing statute(s): 80-11-504, 80-11-510, MCA Implementing statute(s): 80-11-504, 80-11-510, 80-11-511, 80-11-512, 80-11-515, 80-11-516, 80-11-517, 80-11-518, 80-11-519, MCA History: NEW, 2014 …

4.6.601 MONTANA HEMP ADVISORY COMMITTEE The committeeconsists of at least five and no more thaneightvoting members involved in the production of hemp within the prior three years, one non-voting processing industry representative, and one non-voting representative from the Montan…

4.6.602 DEFINITIONS "Department" means the Montana Department of Agriculture. "Hemp" means all parts and varieties of the plant Cannabis sativa L. containing no greater than 0.3% tetrahydrocannabinol. "Net receipts" are defined as net weight multiplied by the price paid to the pr…

4.6.603 ANNUAL HEMP ASSESSMENT - COLLECTION Section 80-11-516, MCA charges the Montana Department of Agriculture with collecting the commodity assessment. The assessment shall be 1% of the net receipts of all hemp crops produced in Montana. The assessment per 80-11-515, MCA, will…

4.6.604 APPLICATIONS FOR HEMP RESEARCH AND MARKETING PROJECT FUNDS Applications for project funding shall be filed with the department on or before December 1 of each year. Filing requirements will be made available publicly online no later than 30 days prior to application deadl…

4.7.101 REPORTS (REPEALED) Authorizing statute(s): 80-4-209, MCA Implementing statute(s): 80-4-101, 80-4-202, 80-4-203, 80-4-204, 80-4-205, 80-4-206, 80-4-207, 80-4-208, 80-4-209, MCA History: NEW, 1978 MAR p. 719, Eff. 5/25/78; REP, 2024 MAR p. 128, Eff. 1/27/24.

4.8.101 PROCEDURAL RULES The committee hereby adopts and incorporates by reference ARM 1.3.101 through 1.3.233 which sets forth the attorney general's model procedural rules. A copy of the model rules may be obtained from the Alfalfa Seed Committee, Department of Agriculture, P.O…

4.8.102 POLICIES AND OBJECTIVES Public participation is to be allowed to the fullest extent practicable and consistent with the other requirements of state law and the rights and requirements of personal privacy. This will aid in greater responsiveness of committee actions to all…

4.8.103 PUBLIC PARTICIPATION (REPEALED) Authorizing statute(s): 80-11-303, MCA Implementing statute(s): 2-4-103, MCA History: NEW, 1982 MAR p. 1094, Eff. 5/28/82; REP, 2015 MAR p. 2136, Eff. 12/11/15.

4.8.201 APPLICATION FOR GRANTS Grant applications for project funding shall be filed with the committee on or before January 1. Filing requirements will be satisfied by receipt of the original and nine copies of each application at the office of the committee. The first regular m…

4.8.202 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): Sec. 80-11-304, MCA Implementing statute(s): Sec. 80-11-304, MCA Hi…

4.8.203 GRANT FUNDING At the first meeting of the committee held annually the projects to be funded are selected and the amount of grant funding will be determined. Decision will be based on project priorities set by the committee after review and evaluation. Grants will be deter…

4.8.204 NOTIFICATION OF AWARDS Grant applicants shall be notified within 30 days after the committee's February meeting 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 statu…

4.8.205 PERFORMANCE EVALUATION The committee shall periodically evaluate all outstanding grant agreements for adequate and satisfactory financial control, accounting, and performance by grantee. Authorizing statute(s): Sec. 80-11-304, MCA Implementing statute(s): Sec. 80-11-304, …

4.8.206 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 wi…

4.8.301 ALFALFA SEED ASSESSMENT AND REFUNDS Application for assessment refund shall be in writing on forms provided by the committee. Forms will be furnished upon application to the Alfalfa Seed Committee, Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201. Written…

4.8.401 REQUIREMENTS FOR REPORTS All report forms shall be sent out from the department of agriculture with an enclosed envelope addressed to the department, and these reports shall be completed and returned to the department after being properly signed. These reports shall be fi…

4.8.402 CORRECTION OF ERRORS ON REPORTS Checking of all reports for errors in the pounds of alfalfa seed, amount of assessment paid, failure to make payment of assessment on all first purchases of alfalfa seed, lack of signature, will be handled in the following manner: A telepho…

4.9.101 ORGANIZATIONAL RULES The organization of the Montana wheat and barley committee has been sufficiently set out in Chapter 1 of this title. Authorizing statute(s): 2-4-201, 2-15-112, 2-15-121 80-11-205, MCA Implementing statute(s): 2-4-201, 80-11-201 MCA History: AMD, Eff. …

4.9.201 PROCEDURAL RULES The department adopts and incorporates the Attorney General's model rules as stated in ARM 1.3.101 through 1.3.233, with any applicable deletions, modifications, and changes as set forth in ARM Title 4, chapter 9, subchapter 4, and the department's public…

4.9.202 POLICIES AND OBJECTIVES Public participation is to be allowed to the fullest extent practicable and consistent with the other requirements of state law and the rights and requirements of personal privacy. This will aid in greater responsiveness of committee actions to all…

4.9.203 GUIDELINES Covering guidelines of the committee programs that could allow for public participation but may vary in relation to resources available, public response, and the nature of the issues involved would be the main criteria for this rule. Some of the areas that this…

4.9.204 AWARDING OF CONTRACT This allows for citizens to have the opportunity for involvement in the 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 sub…

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

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

4.9.302 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): Sec. 80-11-205 MCA Implementing statute(s): Sec. 80-11-205 MCA Hist…

4.9.303 COMMITTEE DETERMINATION At the second meeting of the committee held annually the projects to be funded for the following fiscal period are selected and the amount of grant funding will be determined. Decisions will be based on project priorities set by the committee for t…

4.9.304 NOTIFICATION OF AWARDS Grant applicants shall be notified within 30 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 s…

4.9.305 PERFORMANCE EVALUATION The committee shall periodically evaluate all outstanding grant agreements for adequate and satisfactory financial control, accounting, and performance by grantee. Authorizing statute(s): Sec. 80-11-205 MCA Implementing statute(s): Sec. 80-11-205 MC…

4.9.306 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 wi…

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

4.9.401 WHEAT AND BARLEY ASSESSMENT AND REFUNDS There shall be levied an assessment of: 25 mills per bushel upon all wheat sold in the state of Montana; and 35 mills per hundredweight on all barley sold in the state of Montana. All assessments are subject to refund provided the f…

4.9.402 REQUIREMENTS FOR REPORTS All monthly grain merchandiser report forms shall be sent out from the Montana wheat and barley committee with an enclosed envelope addressed to the committee and these reports shall be completed and returned to the committee after being properly …

4.9.403 CORRECTION OF ERRORS ON REPORTS Checking of A telephone call shall be made to the purchaser to try to correct the error. A corrected report shall be requested if the error cannot be corrected over the telephone. A visit by the department of agriculture inspector shall be …

4.9.404 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 $2,50…

4.9.501 PURPOSE OF RULES (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-11-206, 80-11-221, 80-11-222, 80-11-223, MCA Implementing statute(s): Sec. 80-11-222, MCA History: NEW, 1979 MAR p. 861, Eff. 11/16/79; REP, 1982 MAR p. 848, Eff. 4/30/82.

4.9.502 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-11-206, 80-11-221, 80-11-222, 80-11-223, MCA Implementing statute(s): Sec. 80-11-222, MCA History: NEW, 1979 MAR p. 861, Eff. 11/16/79; REP, 1982 MAR p. 848, Eff. 4/30/82.

4.9.503 STATEMENT OF ADMINISTRATIVE POLICIES (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-11-206, 80-11-221, 80-11-222, 80-11-223, MCA Implementing statute(s): Sec. 80-11-222, MCA History: NEW, 1979 MAR p. 861, Eff. 11/16/79; REP, 1982 MAR p. 848, Eff. 4/30/82.

4.9.504 APPLICATIONS - GENERAL REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-11-206, 80-11-221, 80-11-222, 80-11-223, MCA Implementing statute(s): Sec. 80-11-222, MCA History: NEW, 1979 MAR p. 861, Eff. 11/16/79; REP, 1982 MAR p. 848, Eff. 4/30/82.

4.9.505 APPLICATION CONTENT (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-11-206, 80-11-221, 80-11-222, 80-11-223, MCA Implementing statute(s): Sec. 80-11-222, MCA, NEW, 1979 MAR p. 861, Eff. 11/16/79 History: REP, 1982 MAR p. 848, Eff. 4/30/82.

4.9.506 APPLICATION SUBMITTAL DEADLINES (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-11-206, 80-11-221, 80-11-222, 80-11-223, MCA Implementing statute(s): Sec. 80-11-222, MCA, NEW, 1979 MAR p. 861, Eff. 11/16/79 History: REP, 1982 MAR p. 848, Eff. 4/30/82.

4.9.507 APPLICATION EVALUATION (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-11-206, 80-11-221, 80-11-222, 80-11-223, MCA Implementing statute(s): Sec. 80-11-222, MCA History: NEW, 1979 MAR p. 861, Eff. 11/16/79; REP, 1982 MAR p. 848, Eff. 4/30/82.

4.9.508 AWARDING GRANTS - CRITERIA (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-11-206, 80-11-221, 80-11-222, 80-11-223, MCA Implementing statute(s): Sec. 80-11-222, MCA History: NEW, 1979 MAR p. 861, Eff. 11/16/79; REP, 1982 MAR p. 848, Eff. 4/30/82.

4.9.509 CONDITIONS UNDER WHICH GRANTS MAY BE USED AND OTHER CONDITIONS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-11-206, 80-11-221, 80-11-222, 80-11-223, MCA Implementing statute(s): Sec. 80-11-222, MCA History: NEW, 1979 MAR p. 861, Eff. 11/16/79; REP, 1982 MAR p. 84…

4.9.510 PAYMENT OF GRANTS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-11-206, 80-11-221, 80-11-222, 80-11-223, MCA Implementing statute(s): Sec. 80-11-222, MCA History: NEW, 1979 MAR p. 861, Eff. 11/16/79; REP, 1982 MAR p. 848, Eff. 4/30/82.

4.9.511 PROJECT ADMINISTRATION (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-11-206, 80-11-221, 80-11-222, 80-11-223, MCA Implementing statute(s): Sec. 80-11-222, MCA History: NEW, 1979 MAR p. 861, Eff. 11/16/79; REP, 1982 MAR p. 848, Eff. 4/30/82.