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4.12.1304    PERMITS

(1) The quarantine order or rule may specify the type and kind of permit required for import, export, transit, movement, handling, or other actions of regulated articles. Permits may require actions by the permittee or department such as, but not limited to, inspection, sampling, analysis or testing, cleaning, decontamination, treatment, covering/sealing, destruction or disposition, safeguarding, or other services or actions to mitigate the pest risk and protect the state and its resources.

(2) At the department's discretion, the department may recognize and grant reciprocal permit agreements with other units of government through a written memorandum of understanding. Such agreements will, at a minimum, specify the unit of government and duration of the agreement and provide for termination of the agreement at the discretion of the department.

(3) All permits are subject to department oversight and may be subject to audit or inspection to ensure conformance with all permit conditions.

(4) Any permit may be canceled by the department at any time.

(5) Permits may have an associated fee. Permit fees will be specified in each quarantine order.

(6) Permits may require bonding, the amount of which will be determined by the risk associated with such a permit.

(7) If no permit is specified, then the quarantined item in question cannot be imported, exported, transported, or moved into, through, out of, or within Montana, without specific written authorization by the department.

History: 80-7-402, MCA; IMP, 80-7-402, MCA; NEW, 2009 MAR p. 343, Eff. 3/27/09.

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