(1) After quotas are first issued under this plan and after quotas are issued under each succeeding quota readjustment, any eligible producer may request review from the producer committee on the following grounds:

(a) he was not issued a quota;

(b) his production history quota is not appropriate because of unusual conditions during the base earning period, such as loss of buildings, herds, or other facilities as the result of fire, floods, storms, official quarantine, disease, pesticide residue or condemnation of milk;

(c) he lost or might lose quota because justifiably or excusably off market for 90 or more consecutive days;

(d) he lost or might lose quota because of under delivery; or

(e) inability to transfer quota.

(2) Hardship is defined as an act of nature such as fire, flood, or detrimental health of an eligible producer.

(a) Terminally ill or progressive degenerative illness or permanent disability may be used as grounds for hardship consideration.

(b) Loss of milk production due to inability to obtain adequate labor to maintain milk production will not be considered a ground for hardship adjustment.

(3) A producer may make a request for review, which shall be filed with the Milk Control Bureau (who will then forward the request to the producer committee and the Board of Milk Control) not later than 45 days after notice of the quota issued, or not later than 45 days after the occurrence of the alleged hardship. The request shall set forth:

(a) the conditions that caused the alleged hardship or inequity;

(b) the extent of relief or adjustment requested;

(c) the basis upon which the amount of relief or adjustment requested should be computed; and

(d) the reasons why relief or adjustment should be granted.

(4) With respect for a producer's request for review of production history, quota, forfeiture of quota, or other related problems, the producer committee may grant or adjust production history quota on average daily producer milk deliveries for prior years where it appears appropriate, delay forfeiture of quota, restore forfeited quota or reduce average daily producer milk deliveries where appropriate.

(5) Producer committee decisions shall be final subject to appeal to the Board of Milk Control.

(a) A producer shall file a notice of appeal within 15 days after written notification of the decision of the producer committee.

(b) In the event an action by the producer committee is in violation of the plan, the administrator shall bring it to the attention of the aggrieved party.

(6) The Board of Milk Control shall hear an appeal at their next scheduled regular board meeting or within 90 days of its filing at the bureau's office.

(7) When an aggrieved person files an appeal to the Board of Milk Control from a decision of the producer committee, the appeal will be heard as follows:

(a) The aggrieved party will be given the opportunity to make an oral presentation and submit written justification in support of reversal or modification of the producer committee's decision.

(b) Members of the producer committee will be given the opportunity to make an oral presentation and submit written material in opposition to reversal or modification of the producer committee's decision.

(c) The decision of the Board of Milk Control will be based on the record of the producer committee hearing as supplemented by oral argument and written submissions to the board. However, the hearing before the board will not be a trial de novo. New material that could not reasonably be submitted to the producer committee will be accepted if it relates to the grounds set forth in (8) hereof.

(8) In ruling on the appeal from the producer committee's decision the Board of Milk Control will not overrule or modify the decision of the producer committee unless:

(a) there was collusion affecting the producer committee's decision;

(b) the Board of Milk Control determines that actual bias or prejudice on the part of one or more producer committee members affected the decision;

(c) the producer committee's decision was the result of an incorrect interpretation of a statute or rule applicable to the decision; or

(d) the producer committee's decision was clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record.

(9) On review of a producer committee's decision, the Board of Milk Control shall not substitute its judgment (second guess) for that of the producer committee as to the weight of the evidence on question of fact.

(10) An appeal that the Board of Milk Control overturns (the producer committee's decision) is final and does not have to be approved by the producer committee. The Board of Milk Control will instruct the administrator how to handle the transaction.

(11) The administrator shall maintain records of all requests of the producer committee and the disposition thereof. Such files shall be open for inspection by any interested persons during the regular office hours of the Montana Milk Control Bureau.