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In the matter of the proposed amendment of ARM 8.99.901, 8.99.904, 8.99.908, and 8.99.912 pertaining to the award of grants and loans under the Big Sky Economic Development Program
NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT
1. On February 20, 2007, at 1:30 p.m., the Department of Commerce will hold a public hearing in Room 228 of the Park Avenue Building, 301 South Park Avenue, at Helena, Montana, to consider the proposed amendment of the above-stated rules.
2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., February 13, 2007, to advise us of the nature of the accommodation that you need. Please contact Angela Nelson, Business Resources Division, Department of Commerce, 301 South Park Avenue, P.O. Box 200505, Helena, Montana 59620-0505; telephone (406) 841-2792; fax (406) 841-2731; or e-mail anelson@mt.gov.
3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:
8.99.901 DEFINITIONS (1) through (9) remain the same.
(10) "Eligible economic development organization" means an economic development organization that is located in a county that is not part of a certified regional development corporation region, and which meets the eligibility requirements established by the department and published by it in the Big Sky Economic Development Trust Fund Application Guidelines dated 2006 2007.
(11) through (18) remain the same.
8.99.904 INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS (1) The department adopts and incorporates by reference the Big Sky Economic Development Trust Fund Application Guidelines dated 2006 2007 as rules governing the submission and review of applications under the program. A copy of the guidelines may be obtained from the Department of Commerce, P.O. Box 200505, Helena, MT 59620-0505.
(2) remains the same.
8.99.908 MAXIMUM AWARD AMOUNT  (1) through (3) remain the same.
(4) Maximum award amounts to certified regional development corporations and other eligible economic development organizations shall be established and published by the department in the Big Sky Economic Development Trust Fund Application Guidelines dated 2006 2007.
8.99.912 ELIGIBLE BUSINESS (1) Basic sector businesses and other businesses identified by the department in the Big Sky Economic Development Trust Fund Application Guidelines dated 2006 2007 are eligible for financial assistance from funds that are awarded to local governments under this program.
REASON: 17-5-703 and 90-1-201, MCA, et seq. created the Big Sky Economic Development Fund and assigned the administration of the fund to the Department of Commerce.  The department is proposing these amendments to reflect the updated 2007 Guidelines.  The Big Sky Economic Fund program is an economic development program that aides in the development of good-paying jobs for Montana residents and promotes long-term, stable economic growth in Montana.  Amendments are also reasonably necessary because the legislature mandated that the department adopt rules to implement the Big Sky Economic Development Program in 90-1-204, MCA.
4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to Angela Nelson, Business Resources Division, Department of Commerce, 301 South Park Avenue, P.O. Box 200505, Helena, Montana 59620-0505, fax (406) 841-2731, or e-mail anelson@mt.gov, to be received no later than February 27, 2007.
5. Marty Tuttle, Department of Commerce, has been designated to preside over and conduct the hearing.
6. 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 which includes the name and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Such written request may be mailed or delivered to the Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501, by fax to (406) 841-2701, by e-mail to lgregg@mt.gov, or by completing a request form at any rules hearing held by the department.
7. An electronic copy of this Notice of Proposed Amendment 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 the 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.
8. The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled.
/s/ G. MARTIN TUTTLE
/s/ ANTHONY J. PREITE
Certified to the Secretary of State January 2, 2007.
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