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18.11.101    DEFINITIONS

For the purpose of these rules, the following definitions apply:

(1) "Department" means the department of transportation.

(2) "Licensed Montana distributor list" means a list of all gasoline, aviation, and special fuel dealers currently licensed in the state of Montana and any licenses issued or canceled with an effective date of the first of the month. The department shall update the list the first working day of each month and distribute the updated list by mail to all motor carrier services (MCS) officers within 5 working days. The updated list must also be accessible to MCS officers on the department's computer system within 2 working days of the update.

(3) "Seizure list" means a list containing the names of companies appearing on the warning list that have been issued a notice to appear for improperly importing fuel. The fuel tax management and analysis unit (FTMA) shall establish and maintain the list on the department's computer system. The list must be updated within 2 working days from the date MCS notifies FTMA that a company has been convicted by a court. If a company whose name is placed on the seizure list becomes a licensed distributor in the state of Montana, the company's name will be removed from the seizure list within 2 working days after the effective date of licensure.

(4) "Warning list" means a list established and maintained by the department indicating that a warning notice has been issued to a transporter for improperly importing fuel. The FTMA unit will update the list within 2 working days after notification by MCS. The updated warning list will be accessible to MCS officers on the department's computer system. If a warning notice is issued by an MCS officer for improperly importing fuel, the company name of the transporter, consignor, and consignee of the fuel, as listed on the invoice or bill of lading, will be added to the warning list upon verification by the FTMA unit that none of the listed parties are licensed distributors in the state of Montana. If any or all of the parties issued a warning notice for improperly importing fuel become licensed fuel distributors in the state of Montana, they shall be removed from the warning list within 2 working days of the effective date of the license.

History: 15-70-104, MCA; IMP, 15-70-233 and 15-70-357, MCA; NEW, 1998 MAR p. 964, Eff. 4/17/98.

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