Mont. Admin. R. 32.24.507 - REQUEST FOR REVIEW AND APPEALS PERTAINING TO QUOTA
(1) After quota is
reassigned or readjusted as provided for in ARM
32.24.505, any eligible producer
may request review from the producer committee on the grounds that the eligible
producer 's production history is not appropriate because of unusual conditions
during the production measurement period used to prorate reassigned or
readjusted quota, such as loss of buildings, herds, or other facilities as the
result of fire, floods, storms, official quarantine, disease, pesticide residue
or condemnation of milk.
(2) A
producer may request review from the producer committee to consider whether the
producer should be an eligible producer even though, because of hardship, the
producer failed or will fail to deliver milk to a pool plant for 90 consecutive
days.
(3) A producer may make a
request for review of quota ownership not later than 45 days after the notice
of change in quota balance or after the occurrence of the alleged hardship . The
request must be filed with the bureau , who will forward the request to the
producer committee. The request must set forth:
(a) the conditions that caused the alleged
inappropriate production history under (1) or hardship under (2);
(b) the extent of relief or adjustment
requested;
(c) the basis upon which
the amount of relief or adjustment requested should be computed; and
(d) the reasons why relief or adjustment
should be granted.
(4)
With respect for a producer 's request for review of production history, quota,
forfeiture of quota, or other related problems, the producer committee may
grant or adjust production history quota on average daily producer milk
deliveries for the production measurement period in question , delay forfeiture
of quota, or restore forfeited quota .
(5) Producer committee decisions are subject
to appeal to the board .
(a) A producer may
file a notice of appeal to the board within 15 days after written notification
of the decision of the producer committee.
(b) In the event that an action by the
producer committee is in violation of the administrative rules , the bureau
must bring it to the attention of the aggrieved party.
(6) The board must hear an appeal within 90
days of when the bureau received the appeal.
(7) An appeal will be heard as follows:
(a) The aggrieved party will be given the
opportunity to make an oral presentation and submit written justification in
support of reversal or modification of the producer committee's
decision.
(b) Members of the
producer committee will be given the opportunity to make an oral presentation
and submit written material in opposition to reversal or modification of the
producer committee's decision.
(c)
The decision of the board will be based on the record of the producer committee
review as supplemented by oral argument and written submissions to the board .
However, the appeal to the board will not be a trial de novo. New material that
could not reasonably be submitted to the producer committee will be accepted if
it relates to the grounds set forth in (8).
(8) In ruling on the appeal from the producer
committee's decision the board will not overrule or modify the decision of the
producer committee unless:
(a) there was
collusion affecting the producer committee's decision;
(b) the board determines that actual bias or
prejudice on the part of one or more producer committee members affected the
decision;
(c) the producer
committee's decision was the result of an incorrect interpretation of a statute
or rule applicable to the decision; or
(d) the producer committee's decision was
clearly erroneous in view of the reliable, probative, and substantial evidence
on the whole record.
(9)
On review of a producer committee's decision, the board must not substitute its
judgment (second guess) for that of the producer committee as to the weight of
the evidence on question of fact.
(10) An appeal that the board overturns (the
producer committee's decision) is final and does not have to be approved by the
producer committee. The board will instruct the bureau how to make equitable
remedy .
(11) The bureau must
maintain records of all requests for review made to the producer committee and
the disposition thereof. Such files must be open for inspection by any
interested persons during the regular office hours of the bureau .
Notes
AUTH: 81-23-302, MCA; IMP: 81-23-302, MCA
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