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(1) If an MCS officer determines that neither the transporter, consignor, nor consignee is a licensed fuel distributor in the state of Montana and any one of the transporters, consignors, or consignees is listed on the warning list defined above, the MCS officer shall issue a notice to appear to the transporter, consignor, and consignee for violation of 15-70-233 or 15-70-357 , MCA, for improperly importing fuel. Upon conviction, the company's name must be placed on the seizure list.

(2) If an MCS officer determines that a load of fuel should be seized, the officer shall first obtain verification and approval from one of the department officials in the following order of precedence:

(a) Administrator, administration division;

(b) Administrator, motor carrier services division;

(c) Chief of the compliance bureau, motor carrier services division;

(d) Area captain, motor carrier services division; or

(e) Manager, FTMA unit.

(3) Upon obtaining approval to seize a load of fuel, an MCS officer shall escort the load to a licensed fuel distributor in the state of Montana that is under contract with the department to receive and purchase seized fuel. The seized fuel must be escorted to the nearest licensed bulk distributor that indicates it can accept the entire load of fuel into bulk storage within 12 hours from the time approval to seize the load of fuel is received by the seizing officer.

(4) If the operator of the transport tanker carrying the seized fuel refuses to operate the vehicle and unload it at the location designated by the MCS officer, the officer shall:

(a) Notify the transport company of the seizure and give it 12 hours to provide another driver to operate the vehicle and unload the tanker at the location specified by the MCS officer; or

(b) Request that a towing company tow the entire tanker to the towing company's location to be impounded at the towing company's lot by the MCS officer. In this case the transport company shall pay any towing and impoundment charges.

History: 15-70-104, MCA; IMP, 15-70-233 and 15-70-357, MCA; NEW, 1998 MAR p. 964, Eff. 4/17/98; AMD, 2001 MAR p. 2143, Eff. 10/26/01.

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