(1) Brand fees are set by the Board of Livestock and all Montana brands must be issued through the brand recording office.

(2) Application forms for new brands are available on the department web site, at the brand office in Helena, and at brand offices located in livestock auction yards.

(a) The application and appropriate fee must be submitted to the brand recorder for processing.

(3) The refund policy is:

(a) fifty percent of the fee to record or transfer a brand is nonrefundable;

(b) if the applicant fails to respond to the brand recording office for a period of more than six months, the entire brand recording fee becomes nonrefundable.

(4) The brand recorder shall process the application in the following manner:

(a) deposit the fee;

(b) check for conflicts;

(c) issue an available brand, or if none of the applicant's submissions are available, check a similar brand for conflicts and offer it as an alternative option.

(i) The applicant must accept or decline the alternative option in writing within ten working days of the date on the option letter.

(ii) If the applicant's reply is received after the offer deadline it will be considered a new application, must be rechecked for conflicts, and will require an additional new brand fee.

(5) Brand transfer requests must be submitted with the required fee and:

(a) the completed request for transfer (located on the reverse side of the official brand certificate) which must include the notarized signatures of all original owners as listed on the front of the official brand certificate;

(b) if the original owner of the transferring brand is deceased:

(i) a copy of the death certificate; and

(ii) appropriate documentation (i.e., personal representative or executor paperwork) must be provided to complete the transfer;

(c) removal of a deceased person's name from a brand held in joint ownership with right of survivorship shall require:

(i) a copy of the death certificate; and

(ii) the required fee from the surviving owner(s).

(d) to ensure that fees are commensurate with cost, owners may be charged additional fees as a result of their errors in transfer paperwork.

(6) Fees for new brands or transfers shall not be prorated.

(7) Changes to image, species, or position require submission of a new brand application and the required fee.

(8) A brand will not be held or checked for conflicts by phone.