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36.2.605    APPEAL TO BOARD

(1) If an applicant for a lease, permit, contract, license, easement, or certificate believes that the fee assessed is excessive or does not conform to the requirements of this subchapter or section 75-1-203, MCA, the applicant may request a hearing before the board pursuant to the contested case provisions of the Montana Administrative Procedure Act.

(2) If a hearing is held on the fee assessed as authorized by this rule, the department shall proceed with its analysis of the project wherever possible. The fact that a hearing has been requested shall not be grounds for delaying consideration of an application except to the extent that the portion of the fee in question affects the ability of the department to collect the data and information necessary for the EIS.

History: Sec. 75-1-202, MCA; IMP, Sec. 75-1-202, MCA; NEW, 5/6/76; 1988 MAR p. 2692, Eff. 12/23/88.

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