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Rule Title: SERVICE OF NOTICES
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Department: REVENUE
Chapter: CANNABIS CONTROL
Subchapter: Regulation of Licensees and Compliance With Marijuana Laws
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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42.39.505    SERVICE OF NOTICES

(1) A notice of proposed adverse action issued by the department pursuant to the marijuana laws shall be served upon the licensee by sending a copy of the notice to the licensee by electronic means to the email address on file with the department. 

(2) Service shall be considered complete upon transmission but is not effective if the department learns that the notice did not reach the licensee, in which case the department will proceed with service of notice provided in (3).

(3) If a licensee has previously opted out of receiving department communications by electronic means, the notice shall be served by sending a copy of the notice to the licensee by certified mail to the mailing address on file with the department. Whenever the department serves a notice via certified mail:

(a) service shall be considered complete three days after mailing the notice;

(b) service shall not be considered incomplete because of refusal to accept delivery of the notice.

(4) A licensee must respond to the department in writing within 20 days of service of the notice of proposed adverse action. Failure to respond will result in enforcement of the administration action proposed in the notice.

 

History: 16-12-112, MCA; IMP, 2-4-601, 16-12-104, 16-12-105, 16-12-106, 16-12-107, 16-12-108, 16-12-109, 16-12-112, 16-12-202, 16-12-203, 16-12-206, 16-12-210, 16-12-221, 16-12-223, 16-12-503, 16-12-515, MCA; NEW, 2021 MAR p. 1964, Eff. 1/1/22; AMD, 2022 MAR p. 1712, Eff. 8/27/22.


 

 
MAR Notices Effective From Effective To History Notes
42-1053 8/27/2022 Current History: 16-12-112, MCA; IMP, 2-4-601, 16-12-104, 16-12-105, 16-12-106, 16-12-107, 16-12-108, 16-12-109, 16-12-112, 16-12-202, 16-12-203, 16-12-206, 16-12-210, 16-12-221, 16-12-223, 16-12-503, 16-12-515, MCA; NEW, 2021 MAR p. 1964, Eff. 1/1/22; AMD, 2022 MAR p. 1712, Eff. 8/27/22.
42-1040 1/1/2022 8/27/2022 History: 16-12-112, MCA; IMP, 2-4-601, 16-12-112, MCA; NEW, 2021 MAR p. 1964, Eff. 1/1/22.
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