(1) Unless specifically excluded in (2), the department may consider an application from a person listed in 75-25-101, MCA, for a loan to fund a project under the Act and these rules.

(2) The department may not consider an application for a loan from the following person or that person's immediate family:

(a) a department employee whose duties are directly related to energy conservation or alternative energy; and

(b) a department contractor actively working on energy conservation or alternative energy projects at the time of application.