17.58.335    APPLICATION FOR GUARANTEE OF REIMBURSEMENT OF FUTURE OR UNAPPROVED EXPENDITURES

(1) Whenever an owner or operator requests the board to guarantee reimbursement for eligible costs not yet approved by the board, including estimated costs not yet incurred, the board may issue the requested guarantee, if it is able to make the necessary findings under (2).

(2) The board must find, before guaranteeing reimbursement, that the owner or operator is eligible for reimbursement pursuant to 75-11-308(1), MCA, and that any estimated eligible cost not yet incurred is one that is reasonably certain to occur.

(3) In guaranteeing reimbursement of an estimated eligible cost not yet incurred, the board shall include a provision within the guarantee that the reimbursement is subject to adjustment in conformity with 75-11-309(3), MCA, after the cost has been incurred.

(4) Application forms for guarantee of reimbursement are available upon request from the board.

History: 75-11-318, MCA; IMP, 75-11-309, MCA; NEW, 1990 MAR p. 516, Eff. 3/16/90; AMD, 1993 MAR p. 2678, Eff. 11/11/93; TRANS, from DHES, and AMD, 1996 MAR p. 3125, Eff. 12/6/96; AMD, 1999 MAR p. 2279, Eff. 10/8/99; AMD, 2011 MAR p. 377, Eff. 3/25/11.