36.2.610 FEES: DETERMINATION OF AMOUNT
(1) After receipt of the
applicant's estimated cost of the project and analysis of an agency's
preliminary estimate of the cost of acquiring information and data for the EIS,
the agency shall notify the applicant within 15 days of the final amount of the
fee to be assessed. The fee assessed must be based on the projected cost of
acquiring all of the information and data needed for the EIS. If the applicant
has gathered or is in the process of gathering information and data that can be
used in the EIS, the agency shall only use that portion of the fee that is
needed to verify the information and data. Any unused portion of the fee assessed may be returned to the applicant within a reasonable time after
the information and data have been collected or the information and data
submitted by the applicant have been verified, but in no event later than the
deadline specified in these rules. The agency may extend the 15-day
period provided for review of the applicant's submittal but not to exceed 45
days if it believes that the project cost estimate submitted is inaccurate or
additional information must be obtained to verify the accuracy of the project
cost estimate. The fee assessed must not exceed the limitations provided in 75-1-203(2) ,
MCA.
(2) If
an applicant believes that the fee assessed is excessive or does not conform to
the requirements of this rule or Title 75, chapter 1, part 2, MCA, the
applicant may request a hearing pursuant to the contested case provisions of
the Montana Administrative Procedure Act. If a hearing is held on the fee
assessed as authorized by this subsection, the agency shall proceed with its
analysis of the project wherever possible. The fact that a hearing has been requested
is not 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: 75-1-202, MCA; IMP, 75-1-202, 75-1-203, 75-1-205, 75-1-206, and 75-1-207, MCA; NEW, 1989 MAR p. 228, Eff. 12/23/88.