36.2.541 RESOLUTION OF STATUTORY CONFLICTS
(1) Whenever a conflicting
provision of another state law prevents the agency from fully complying with these
rules the agency shall notify the governor and the EQC of the nature of the
conflict and shall suggest a proposed course of action that will enable the
agency to comply to the fullest extent possible with the provisions of MEPA.
This notification must be made as soon as practical after the agency recognizes
that a conflict exists, and no later than 30 days following such recognition.
(2) The agency has a continuing responsibility to review
its programs and activities to evaluate known or anticipated conflicts between
these rules and other statutory or regulatory requirements. It shall make such
adjustments or recommendations as may be required to ensure maximum compliance
with MEPA and these rules.
History: Sec. 2-3-103, 2-4-201, MCA; IMP, Sec. 2-3-104, 75-1-201, MCA; NEW, 1988 MAR p. 2692, Eff. 12/23/88.