17.24.1222 SMALL OPERATOR ASSISTANCE PROGRAM: ELIGIBILITY FOR ASSISTANCE
An applicant is eligible for assistance if he or she:
(1) intends to apply for a permit pursuant to the Act;
(2) establishes that the probable total actual and attributed coal production of the operation for each year of the permit will not exceed 300,000 tons. Production from the following operations must be attributed to the applicant:
(a) the pro rata share, based upon percentage of ownership by the applicant, of coal produced by operations in which the applicant owns more than a 10% interest;
(b) all coal produced by operations owned by persons who directly or indirectly control the applicant by reason of stock ownership, direction of the management or in any other manner whatsoever;
(c) the pro rata share, based upon percentage of ownership of the applicant, of coal produced in other operations owned or controlled by persons who own more than 10% of the applicant's operation;
(d) all coal produced by operations owned by the family and relatives of the applicant, unless there is no direct or indirect business relationship between or among the individuals; and
(3) has not organized or reorganized his or her company solely for the purpose of obtaining assistance.
History: 82-4-204, 82-4-205, MCA; IMP, 82-4-221, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 1999 MAR p. 811, Eff. 4/23/99.