36.25.1004 LEASE FEE PAYMENT
(1) All cabin sites are assessed an annual lease fee. Payment is due in one annual installment unless the lessee elects to pay the annual fee on a semi-annual schedule in two equal installments.
(a) Annual lease fees are due on March 1 of each year.
(b) Semi-annual lease fees are due on March 1 and on September 1 of each year.
(2) Lease fee payment must be postmarked by the due date. Lease fee payment that is not postmarked by the due date will be considered late and a $25 late fee will be assessed.
(a) Late payment of annual lease fees will be accepted if postmarked on or before April 1.
(b) Lease cancellation for leases on an annual fee schedule occurs if payment is not received, or is received postmarked after April 1.
(c) Late payment of the first installment of semi-annual lease fees postmarked on or before April 1 will be accepted; late payment of the second installment postmarked on or before October 1 will be accepted.
(d) Lease cancellation for leases on a semi-annual fee schedule occurs if payment is not received, or is received postmarked after either date in (c).
(3) The department will send written notice of payments due to the address of record for lessees in accordance with the following schedule:
(a) invoice in January for all annual lease fees;
(b) invoice in January and July for all semi-annual lease fees;
(c) late notice in March for any unpaid annual lease fees;
(d) late notice in March and September for any unpaid semi-annual lease fees;
(e) cancellation notice in April for any unpaid annual lease fees; and
(f) cancellation notice in April and October for any unpaid semi-annual lease fees.
(4) Late notices and cancellation notices will be mailed to the address of record by certified mail; and, will be copied to any known security interest holder for improvements upon the leased land.
(a) As determined by the department or at the direction of the board, the department may send notices regarding payments due to lessees at times other than those described in this rule.
(5) A cancelled lease may be reinstated at the discretion of the department. The minimum fee for reinstatement is $500, or as much as three times the annual lease fee. The decision to reinstate the lease, as well as the reinstatement fee amount, are at the discretion of the department.
History: 77-1-202, 77-1-209, MCA; IMP, 77-1-208, MCA; NEW, 2010 MAR p. 1293, Eff. 5/28/10; AMD, 2016 MAR p. 1020, Eff. 6/4/16.