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12.3.626    APPLICATION ERRORS

(1) Applications submitted with errors may be sent back to the applicants for correction at the department's discretion if time allows.

(2) If the department commits an error which results in the rejection or incorrect processing of an application that has been submitted in compliance with the regulations for a permit or license, the authorized number of permits or licenses, established by the commission, may be exceeded by up to 10% of the quota for each district by at least one license.

(3) The department is not responsible for third-party errors.  If an applicant for a permit or license drawing proves to the satisfaction of the department the rejection of the application was due solely to a third-party error, and the department deems there is sufficient time to complete the processing of the application before the drawing is held, the department shall include the application in that drawing.

(4) The issuance of the permit or license will be considered on a case-by-case basis. Any increase in the quotas must be approved by the director and may not exceed 50 for all species in any license year. Any necessary quota extension in excess of the 50 must be approved by the commission.

(5) If the applicant is entitled to purchase a bonus point and/or a preference point and is not entered into the drawing solely because of an error, and the applicant fails to obtain a permit or license for the year the application was submitted, the applicant is entitled to purchase a bonus point or preference point for that year.

 

History: 87-1-301, MCA; IMP, 87-1-304, 87-2-506, 87-2-701, 87-2-702, 87-2-705, 87-2-706, MCA; NEW, 2000 MAR p. 2519, Eff. 9/22/00; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.165, 2022 MAR p. 325, Eff. 3/12/22.

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