(1) Agent's gross sales volumes can be distorted by closure of a business; other than for holidays, weekends, inventory, or other temporary closures which occur in the ordinary course of business. This distortion could potentially result in the agent being placed in a sales band which does not accurately reflect the agent's average sales volumes. Such misplacement of an agent within a sales band would also affect the average commission percentage determination within the band. The department may, if sufficient data exist, project an agent's gross sales from a period of less than the two most recent calendar years as a representation of the agent's two year gross sales. Therefore, for an agent to be eligible for a commission rate review, the store must be open for business on a regular and continuous basis for the two calendar years preceding the review period.

(2) All state agency stores are eligible for a commission rate adjustment under 16-2-101(6) (b), MCA.