Montana Register, 2024, Issue 12, June 21, 2024 Pages 1405 to 1497
| Jurisdiction | Montana |
| Library | Montana Register |
| Year | 2024 |
| Published date | 21 June 2024 |
MONTANA
ADMINISTRATIVE
REGISTER
2024 ISSUE NO. 12
JUNE 21, 2024
PAGES 1405-1497
MONTANA ADMINISTRATIVE REGISTER
ISSUE NO. 12
The Montana Administrative Register (MAR or Register), a twice-monthly
publication, has three sections. The Proposal Notices 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agencies' proposed new, amended, or repealed rules; the rationale for the change;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 Adoption Notices Section contains final rule notices which show any changes
made since the proposal stage. All rule actions are effective the day after
publication of the adoption notice unless otherwise specified in the final notice. The
Other Notices Section contains the Attorney General's opinions and state
declaratory rulings, in addition to other informational notices.
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) 438-
6122.
Page Number
TABLE OF CONTENTS
PROPOSAL NOTICES
STATE AUDITOR, Office of, Title 6
6-289 (Commissioner of Securities and Insurance) Notice of
Public Hearing on Proposed Adoption and Amendment -
Registration Exemption for Investment Advisors to Private Funds -
Examinations.
1405-1411
FISH, WILDLIFE AND PARKS, Department of, Title 12
12-629 (State Parks and Recreation Board) Notice of Public
Hearing on Proposed Amendment and Adoption – Smith River
Private and Commercial Use Permit System.
1412-1417
ENVIRONMENTAL QUALITY, Department of, Title 17
17-442 Notice of Public Hearing on Proposed Adoption and
Amendment – Amendment to Circular DEQ-1 - Ultraviolet
Treatment of Groundwater Sources of Public Water Systems.
1418-1424
17-447 Notice of Public Hearing on Proposed Amendment –
Application Contents.
1425-1428
-i-
12-6/21/24
Page Number
LABOR AND INDUSTRY, Department of, Title 24
24-159-96 (Board of Nursing) Notice of Public Hearing on
Proposed Amendment – Board of Nursing.
1429-1431
24-301-418 Notice of Public Hearing on Proposed Amendment and
Repeal – Underground Facilities.
1432-1434
NATURAL RESOURCES AND CONSERVATION, Department of, Title 36
36-222 Notice of Public Hearing on Proposed Amendment - East
Valley Controlled Groundwater Area.
1435-1437
36-223 Notice of Public Hearing on Proposed Amendment – Dam
Safety Hazard Determinations.
1438-1441
PUBLIC HEALTH AND HUMAN SERVICES, Department of, Title 37
37-1067 Amended Notice of Public Hearing on Proposed
Amendment – Updating Medicaid and Non-Medicaid Provider
Rates, Fee Schedules, and Effective Dates.
1442-1443
37-1091 Notice of Public Hearing on Proposed Amendment – Child
Support Services Fee Schedule.
1444-1447
PUBLIC SERVICE REGULATION, Department of, Title 38
38-3-263 Notice of Proposed Amendment – Completion of
Applications for Motor Carrier Operating Authority. No Public
Hearing Contemplated.
1448-1450
ADOPTION NOTICES
ADMINISTRATION, Department of, Title 2
2-5-643 Notice of Adoption, Amendment, and Repeal – Intent to
Award - Public Notice - Competitive Sealed Bids - Competitive
Sealed Proposals - Sole Source Procurement - Exigency
Procurements - Alternative Procurement Methods - Requisitions
From the Agencies to the Division - Enforcing the Contract -
Contract Renewal - Completion Notification for Contracts With
Performance Security - Bid, Proposal, and Contract Performance
Security.
1451-1452
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12-6/21/24
Page Number
FISH, WILDLIFE AND PARKS, Department of, Title 12
12-628 Notice of Amendment - Montana Wildlife Habitat
Improvement Act Termination Date and Eligible Expenditures.
1453
12-630 Notice of Repeal of Emergency Rule - Closing the
Yellowstone River From the Joe Brown Fishing Access Site to the
Carbella BLM Boat Ramp in Park County.
1454
TRANSPORTATION, Department of, Title 18
18-200 Notice of Amendment – Motor Carrier Services.
1455
CORRECTIONS, Department of, Title 20
20-7-72 Notice of Amendment and Repeal - Siting, Establishment,
and Expansion of Prerelease Centers.
1456
LABOR AND INDUSTRY, Department of, Title 24
24-29-417 Notice of Amendment and Repeal – Workers'
Compensation.
1457
24-40-414 Notice of Amendment and Transfer, Adoption, and
Repeal – Unemployment Insurance.
1458-1461
24-126-39 (Board of Chiropractors) Notice of Amendment,
Adoption, and Repeal – Board of Chiropractors.
1462-1463
24-138-84 (Board of Dentistry) Notice of Amendment - Dental
Hygiene Limited Access Permit.
1464-1469
24-213-23 (Board of Respiratory Care Practitioners) Notice of
Amendment, Adoption, and Repeal – Board of Respiratory Care
Practitioners.
1470
REVENUE, Department of, Title 42
42-1077 Notice of Amendment and Repeal - Tax Haven
Corporation Water's Edge Filing Requirements to Implement
Senate Bill 246 (2023).
1471
SECRETARY OF STATE, Office of, Title 44
44-2-275 Notice of Adoption and Repeal – State Agency
Administrative Rulemaking.
1472-1479
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Page Number
OTHER NOTICES
Function of Administrative Rule Review Committee.
1480-1481
Recent Rulemaking.
1482-1489
Executive Branch Appointees.
1490-1491
Executive Branch Vacancies.
1492-1497
-iv-
12-6/21/24
MAR Notice No. 6-289
12-6/21/24
-1405-
BEFORE THE COMMISSIONER OF SECURITIES AND INSURANCE
OFFICE OF THE MONTANA STATE AUDITOR
In the matter of the adoption of NEW
RULE I pertaining to a Registration
Exemption for Investment Advisors to
Private Funds and the amendment of
ARM 6.10.501 pertaining to
Examinations
)
)
)
)
)
)
NOTICE OF PUBLIC HEARING ON
PROPOSED ADOPTION AND
AMENDMENT
TO: All Concerned Persons
1. On July 17, 2024, at 9:00 a.m., the Commissioner of Securities and
Insurance, Office of the Montana State Auditor (commissioner or CSI) will hold a
public hearing in the basement conference room of CSI, at 840 Helena Avenue,
Helena, Montana, to consider the proposed adoption and amendment of the above-
stated rules.
2. CSI 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 CSI no later than
5:00 p.m. on July 2, 2024, to advise us of the nature of the accommodation that you
need. Please contact Laura Shirtliff, Creative and Digital Services Director, 840
Helena Avenue, Helena, Montana, 59601; telephone (406) 444-2040 or 1-800-332-
6148; fax (406) 444-3413; TDD (406) 444-3246; or e-mail csi@mt.gov.
3. The rule as proposed to be adopted provides as follows:
NEW RULE I PRIVATE FUND INVESTMENT ADVISOR REGISTRATION
EXEMPTION (1) For purposes of this rule, the following definitions apply:
(a) "Beneficial owner" means any person who, directly or indirectly, through
any contract, arrangement, understanding, relationship, or otherwise enjoys the
benefits of ownership even though the title to the private fund is in another name.
(b) "Private fund adviser" means an investment adviser who provides advice
solely to one or more qualifying private fund(s).
(c) "Qualifying private fund" means an issuer that qualifies for the exclusion
from the definition of an investment company under one or more of sections 3(c)(1),
3(c)(5), and 3(c)(7) of the Investment Company Act of 1940, as amended (15 U.S.C.
80a-3(c)(1), (5) and (7)).
(d) "Retail buyer fund" means a qualifying private fund that is not a venture
capital fund and that qualifies for the exclusion from the definition of an investment
company under one or both of sections 3(c)(1) and 3(c)(5) of the Investment
Company Act of 1940, as amended (15 U.S.C. 80a-3(c)(1) and (5)).
(e) "Value of primary residence" means the fair market value of a person's
primary residence, subtracted by the amount of debt secured by the property up to
its fair market value.
...
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