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12.3.165    ERROR BY THE DEPARTMENT

(1) 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/license, the authorized number of permits/licenses, established by the commission, may be exceeded by up to 10% of the quota for each district by at least one license.

(2) The issuance of the permit/license referred to in (1) will be considered on a case-by-case basis only to accommodate those applicants who might have received a permit/license if not for an error on the part of the department in processing the application. This 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 number herein authorized must be approved by the commission.

(3) If the department confirms an error on a rejected or incorrectly processed application and no permit/license can be issued, the department shall award that applicant a bonus point, if applied for, for the species for which the application was submitted.

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.

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