36.2.605 APPEAL TO BOARD
(1) If an applicant for a lease, permit, contract,
license, easement, or certificate believes that the fee assessed is excessive
or does not conform to the requirements of this subchapter or section 75-1-203,
MCA, the applicant may request a hearing before the board pursuant to the
contested case provisions of the Montana Administrative Procedure Act.
(2) If a hearing is held on the fee assessed as
authorized by this rule, the department shall proceed with its analysis of the
project wherever possible. The fact that a hearing has been requested shall not
be grounds for delaying consideration of an application except to the extent
that the portion of the fee in question affects the ability of the department
to collect the data and information necessary for the EIS.
History: Sec. 75-1-202, MCA; IMP, Sec. 75-1-202, MCA; NEW, 5/6/76; 1988 MAR p. 2692, Eff. 12/23/88.