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This is an obsolete version of the rule. Please click on the rule number to view the current version.

12.3.170    THIRD-PARTY ERRORS

(1) The department is not responsible for third-party errors, including errors committed by a bank, the U.S. Postal Service, or a private mail carrier. If an applicant for a permit/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.

(2) If the application of an applicant who is entitled to participate in a bonus point program is not entered into that drawing solely because of a third-party error, and the applicant fails to obtain a permit/license for the year the application was submitted, the applicant is entitled to purchase a bonus point for that year.

(3) As used in this rule, "third-party error" means the failure to act or commission of an act by a person or entity other than the department or applicant, which is grounds for rejection of an application pursuant to ARM 12.3.140.

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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