Mont. Admin. R. 17.30.1365 - MODIFICATION, REVOCATION AND REISSUANCE, OR TERMINATION OF PERMITS
(1) During their
term, permits may be modified, revoked and reissued, or terminated either at
the request of any interested person (including the permittee). However,
permits may only be modified, revoked and reissued, or terminated for the
reasons specified in ARM
17.30.1361 or
17.30.1363. All requests must be
in writing and must contain facts or reasons supporting the request.
(2) If the department decides the request is
not justified, it shall send the requester a brief written response giving a
reason for the decision. Denials of requests for modification, revocation and
reissuance, or termination are not subject to public notice, comment, or
hearings. Denials by the department may be appealed to the board by a petition
or letter setting forth the relevant facts. The board, after hearing, may
affirm the department's action or may direct the department to begin
modification, revocation and reissuance, or termination proceedings under
(3).
(3) During their term, permits
may be modified, revoked and reissued, or terminated upon the initiative of the
department. However, such action may only be taken for one or more of the
reasons specified in ARM
17.30.1361 or 17.30.1363. If the
department modifies, revokes and reissues, or terminates a permit, the
department shall give written notice of its action to the holder who may file a
written request within 30 days for a hearing before the board in the manner
stated in 75-5-611, MCA. Such hearing must
be held within 30 days after the board receives written request. If the holder
does not request a hearing, a modification of a permit is effective 30 days
after receipt of notice by the holder unless the department specifies a later
date. If the holder does request a board hearing, no order modifying his permit
may be effective until 20 days after the holder has received notice of the
board's action. The effective date of a termination or suspension of a permit
by the department or board must be in accordance with
75-5-404, MCA.
(4)
(a) If
the department tentatively decides to modify or revoke and reissue a permit
under ARM 17.30.1361, it shall prepare a draft permit under ARM
17.30.1370 incorporating the
proposed changes. The department may request additional information and, in the
case of a modified permit, may require the submission of an updated
application. In the case of revoked and reissued permits, the department shall
require the submission of a new application.
(b) In a permit modification under this rule,
only those conditions to be modified may be reopened when a new draft permit is
prepared. All other aspects of the existing permit remain in effect for the
duration of the unmodified permit. When a permit is revoked and reissued under
this rule, the entire permit is reopened just as if the permit had expired and
was being reissued. During any revocation and reissuance proceeding the
permittee shall comply with all conditions of the existing permit until a new
final permit is reissued.
(c) Minor
modifications as defined in ARM
17.30.1362 are not subject to the
requirements of this rule.
(5) If the department tentatively decides to
terminate a permit under ARM 17.30.1363, it shall issue a notice of intent to
terminate. A notice of intent to terminate is a type of draft permit which
follows the same procedures as any draft permit prepared under ARM
17.30.1370.
Notes
75-5-201, 75-5-401, MCA; IMP, 75-5-401, MCA;
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