(1) The normal buildup or honey producing season shall consist of the months of April through September.

(2) The regular registration time shall consist of the months of February through April.

(3) The procedure to void the registration of an apiary because of non-use shall be as follows:

(a) A written request to void the registration of an apiary because of non-use, and related evidence, must be submitted to the department between October 1 and January 31, during the same registration year that the apiary was not in use.

(b) The evidence must include, but is not limited to signed statements from the landowner indicating that there were no bee hives in the apiary during the last buildup or honey producing season. Landowners are as defined in 80-6-101 (12) MCA. However, the department may consider other evidence based upon its own investigation.

(c) The department shall follow contested case provisions of the Montana Administrative Procedure Act when determining if an apiary registration is to be voided because of non-use.