Mont. Admin. R. 36.2.610 - FEES: DETERMINATION OF AMOUNT
(1)
After receipt of the applicant's estimated cost of the project and analysis of
an agency's preliminary estimate of the cost of acquiring information and data
for the EIS, the agency shall notify the applicant within 15 days of the final
amount of the fee to be assessed. The fee assessed must be based on the
projected cost of acquiring all of the information and data needed for the EIS.
If the applicant has gathered or is in the process of gathering information and
data that can be used in the EIS, the agency shall only use that portion of the
fee that is needed to verify the information and data. Any unused portion of
the fee assessed may be returned to the applicant within a reasonable time
after the information and data have been collected or the information and data
submitted by the applicant have been verified, but in no event later than the
deadline specified in these rules. The agency may extend the 15-day period
provided for review of the applicant's submittal but not to exceed 45 days if
it believes that the project cost estimate submitted is inaccurate or
additional information must be obtained to verify the accuracy of the project
cost estimate. The fee assessed must not exceed the limitations provided in
75-1-203(2),
MCA.
(2) If an applicant believes
that the fee assessed is excessive or does not conform to the requirements of
this rule or Title 75, chapter 1, part 2, MCA, the applicant may request a
hearing pursuant to the contested case provisions of the Montana Administrative
Procedure Act. If a hearing is held on the fee assessed as authorized by this
subsection, the agency shall proceed with its analysis of the project wherever
possible. The fact that a hearing has been requested is not grounds for
delaying consideration of an application except to the extent that the portion
of the fee in question affects the ability of the department to collect the
data and information necessary for the EIS.
Notes
75-1-202, MCA; IMP, 75-1-202, 75-1-203, 75-1-205, 75-1-206, and 75-1-207, MCA;
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