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In the matter of the repeal of ARM 34.6.101 through 34.6.106 pertaining to the Education Benefit Program
1. On January 9, 2010, the Department of Military Affairs proposes to repeal the above-stated rules.
2. The Department of Department of Military Affairs 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 the Department of Military Affairs no later than 8:00 a.m. on January 4, 2010, to advise us of the nature of the accommodation that you need. Please contact Karen Revious, Department of Military Affairs, P.O. Box 4789, Fort Harrison, Montana, 59636; telephone (406) 324-3330; fax (406) 324-3335; or e-mail krevious@mt.gov.
3. The department proposes to repeal the following rules:
34.6.101  ELIGIBILITY OF MEMBERS
34.6.103 SUSPENSION OF EDUCATIONAL BENEFITS
34.6.104 ELIGIBILITY REVIEW AND CONTINUATION PROGRAM
34.6.105 OBLIGATION TO REPAY EDUCATIONAL BENEFITS
34.6.106 AVAILABILITY OF THE TUITION FEE WAIVER
REASON: The authorizing and implementing statute for these rules, 10-1-121, MCA was repealed by the Montana Legislature during its 2005 session, pursuant to passage of SB 445.
In addition to repealing 10-1-121, MCA passage of SB 445 resulted in the amendment of 20-25-421, MCA to provide authority to the Montana Board of Regents for tuition waivers for qualified members of the Montana National Guard. The authority exercised by the Montana Department of Military Affairs over the tuition waivers was thereby removed from the Montana Code, and repeal of the rules is reasonably necessary because they are no longer authorized by the Legislature.
4. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Karen Revious, Department of Military Affairs, P.O. Box 4789, Fort Harrison, Montana, 59636; telephone (406) 324-3335; fax (406) 324-3335; or e-mail krevious@mt.gov, and must be received no later than 5:00 p.m., January 7, 2010.
5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Karen Revious at the above address no later than 5:00 p.m., January 7, 2010.
6. If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be zero persons based on repeal of the authorizing and implementing statute for the rules.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ John C. Melcher                                     /s/ John F. Walsh
John C. Melcher                                          John F. Walsh
Assistant Attorney General                        The Adjutant General
Certified to the Secretary of State November 30, 2009.
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