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(1) An applicant may be granted temporary operating authority if the premises were licensed within the last 12 months, the premises were not altered from the last floor plan, and the applicant has submitted an application meeting the requirements of ARM 42.12.101.

(2) The granting of temporary operating authority is neither a temporary license nor a permit. It does not constitute a transfer of ownership, nor does it guarantee that the department will grant the application if it finds, subsequent to receipt of a complete investigation report, that the applicant is not qualified to hold a license or the premises are not suitable for the operation of the business.

(3) Temporary operating authority will be issued for a 45-day period. If the application is not approved within this period, the department shall extend temporary operating authority for another 45-day period only upon determining that the cause of the delay was not attributable to the applicant. The department shall notify the applicant if it requires additional information to make this determination and the applicant shall have seven days to submit written verification documenting to the department's satisfaction how the delay was beyond the applicant's control. The department shall notify applicants whether temporary operating authority is extended beyond the initial 45-day window.

(4) In the event liens, attachments, or judgments have attached to the license prior to September 1, 1990, the department will not grant an extension beyond the initial 45 days. Beginning September 1, 1990, new liens, new attachments, or new judgments that have attached to a license do not affect the issuance of temporary operating authority. The recorded owner of the license must resume operation of the business conducted under the license in cases where the temporary operating authority has expired and cannot be extended.

(5) Temporary operating authority will be immediately revoked if the applicant to whom temporary operating authority was granted, or the applicant's employees, violate any provisions of Title 16, MCA, or department rules. Such violations may affect the final decision of the department.

(6) Any proposed fine, suspension, or revocation arising out of a violation will be assessed against, and is the responsibility of, the recorded owner of the license.

History: 16-1-303, MCA; IMP, 16-4-404, MCA; NEW, 1985 MAR p. 167, Eff. 2/15/85; AMD, 1990 MAR p. 1266, Eff. 6/29/90; AMD, 1992 MAR p. 1244, Eff. 6/12/92; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2003 MAR p. 21, Eff. 1/17/03; AMD, 2011 MAR p. 165, Eff. 2/11/11; AMD, 2014 MAR p. 2980, Eff. 12/12/14.

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