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(1) The division may transfer surplus supplies to other state agencies and other units of government.

(2) The division may offer surplus supplies to the public through online and live public auctions, established markets, or posted prices. However, some types and classes of items may be sold or disposed of more readily and advantageously by other means, including barter. In such cases, and also where the nature of the supply or unusual circumstances call for its sale to be restricted or controlled, the division may employ such other means, including appraisal, if the division makes a written determination that such procedure is advantageous to the state.

(a) The department accepts cash, personal checks, United States postal money orders, certified checks, cashier's checks, and business checks.

(3) Supplies may be sold at auction, including electronic online auctions. When appropriate, an experienced auctioneer should be used to cry the sale and assist in preparation of the sale. The solicitation to bidders should stipulate all the terms and conditions of any sale.

(4) Established markets are places where supplies such as livestock and produce are regularly sold in wholesale lots, and prices are set by open competition. Surplus supplies may be sold in established markets for such supplies.

(5) Surplus supplies may be sold at posted prices, including by posting on online web sites, as determined by the division when such prices are based on fair market value and the sale is conducted pursuant to written procedures established by the division.

(6) Surplus supplies may be traded in only if the division determines the trade-in value is sufficient and in the state's best interest. Generally, trade-ins will not be approved for vehicles.

(7) The state may permit local governments, nonprofit organizations, or private businesses to participate in an auction or other appropriate marketing methods.

History: 18-4-226, MCA; IMP, 18-4-226, MCA; NEW, 1983 MAR p. 1918, Eff. 12/30/83; AMD, 1990 MAR p. 1770, Eff. 9/14/90; AMD, 1997 MAR p. 193, Eff. 1/28/97; AMD, 2005 MAR p. 2446, Eff. 10/7/05; AMD, 2007 MAR p. 1657, Eff. 10/26/07; TRANS & AMD from ARM 2.5.702, 2016 MAR p. 719, Eff. 4/23/16.

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