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(1) Except as provided in (2), within 30 days after the issuance of a cessation order under 82-4-251, MCA, the permittee of the operation subject to the cessation order shall provide or update the following information:

(a) a statement indicating whether the permittee and any operator are corporations, partnerships, associations, sole proprietorships, or other business entities;

(b) taxpayer identification numbers for the permittee and any operator;

(c) the name, address, and telephone number for:

(i) the permittee;

(ii) the permittee's resident agent who will accept service of process; and

(iii) any operator;

(d) each business entity in the applicant's and any operator's organizational structures, up to and including the ultimate parent entity of the applicant and any operator and, for every such business entity, the required information for every president, chief executive officer, and director (or persons in similar positions), and every person who owns, of record, ten percent or more of the entity;

(e) for the permittee and any operator, the information required by (f) for every:

(i) officer;

(ii) partner;

(iii) member;

(iv) director;

(v) person performing a function similar to a director; and

(vi) person who owns, of record, ten percent or more of the permittee or operator; and

(f) the following information for each person listed in (e):

(i) the person's name, address, and telephone number;

(ii) the person's position title and relationship to the permittee or operator, including percentage of ownership and location in the organizational structure; and

(iii) the date the person began functioning in that position.

(2) The permittee is not required to submit the information required in (1) if a court of competent jurisdiction grants a stay of the cessation order and the stay remains in effect.

(3) Within 60 days of any addition, departure, or change in position of any person identified in (1)(e), the permittee must notify the department in writing of the addition, departure, or change. The notice must include:

(a) the information required in (1)(f); and

(b) the date of any departure.


History: 82-4-205, MCA; IMP, 82-4-227, MCA; NEW, 2012 MAR p. 737, Eff. 4/13/12; AMD, 2024 MAR p. 260, Eff. 2/10/24.

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