(1) Temporary operating authority as provided by 16-4-404 , MCA, may be issued only to an applicant who requests a transfer of ownership. Temporary operating authority must not be granted on an application for an original license, or when there is a proposed change of location for the existing licensed premises.

(2) The granting of temporary operating authority is neither a temporary license nor a permit. It does not constitute a transfer of ownership, nor does it guarantee that the department will grant the application if it finds, subsequent to receipt of a complete investigation report, that the applicant is not qualified to hold a license, or the premises is not suitable for the operation of the business.

(3) Temporary operating authority will be issued for a 45-day period. An applicant may request an extension for an additional 45-day period if the application has not been processed within that time.

(4) In the event liens, attachments, or judgments have attached to the license prior to September 1, 1990, the department will not grant an extension beyond the initial 45 days. Beginning September 1, 1990, new liens, new attachments, or new judgments that have attached to a license do not affect the issuance of temporary operating authority. The recorded owner of the license must resume operation of the business conducted under the license in cases where the temporary operating authority has expired and cannot be extended.

(5) Temporary operating authority will be immediately revoked if the applicant to whom temporary operating authority was granted, or the applicant's employees, violate any provisions of Title 16, MCA, or department rules. Such violations may affect the final decision of the department.

(6) Any proposed fine, suspension, or revocation arising out of a violation will be assessed against, and is the responsibility of, the recorded owner of the license.