38.2.304 FEES, COSTS, ACCOMPANYING FORMS, AND COLLECTIONS
(1) All application forms and fees or other charges required by law are due and must be submitted to
the department at the time the application is filed with the department. Tariff
fees are due no later than the 15th day of the month following the
month of the filing. Fees for the
issuance of certificates and costs associated with the publication of notice are due upon notice from the department.
(2) Any entity other than the Montana Consumer Counsel that initiates a proceeding before the commission must either:
(a) file a certified IRS Form W-9, Request for Taxpayer Identification Number and Certification, with its initial filing; or
(b) keep a current, certified IRS Form W-9 on file with the department.
(3) IRS Form W-9 and its instructions can be obtained from www.irs.gov/FormW9. For the purposes of this rule, an IRS Form W-9 is considered "current" for a period of three years. Initial filings, including without limitation all applications, petitions, and formal complaints, will not be considered complete until the requirements of this rule have been satisfied. Foreign entities may satisfy this requirement with IRS Form W-8.
(4) All copies of IRS Forms W-8 and W-9 must be filed by physical delivery, postal or parcel delivery services, or encrypted, electronic delivery. IRS Forms W-8 and W-9 may not be filed by unencrypted e-mail or by electronic filing in the department's public case management system.
(5) Costs associated with the publication of notice in a proceeding shall be charged to the party or parties that initiated the proceeding, except in proceedings initiated by the department, commission, or Montana Consumer Counsel, in which case costs may, in the commission's discretion, be charged to any regulated entity named in the proceeding.
(6) Any fees and other charges not paid within 60 days of the date payment is due will be considered overdue. Overdue fees and other charges will accrue penalties at a rate of $50 per month.
(7) Any person or entity that believes a fee or other charge has been assessed in error may challenge the assessment by filing a motion for relief within 30 days of the date the fee or other charge is due. If the commission does not act on a motion for relief under this rule within 60 days of the date the fee or other charge is due, the motion shall be deemed denied.
(8) Any person or entity owing overdue fees or other charges will not be permitted to file or submit any application, petition, motion, or other request, however titled, with the commission. The commission, in its sole discretion, may waive this provision if a party has challenged an assessment through the process described in this rule.
History: 17-4-110, 69-1-110, 69-2-101, 69-3-103, 69-12-201, MCA; IMP, 17-4-110, 69-2-101, MCA; NEW, 1977 MAR p. 1200, Eff. 12/24/77; AMD, 2021 MAR p. 1936, Eff. 12/24/21.