Mont. Admin. r. 42.12.109

Current through Register Vol. 21, November 2, 2024

Rule 42.12.109 - PROTESTS

(1) A protest letter as described in 16-4-207, MCA, must:

(a) contain statement(s) of the writer's intent that the letter be considered a protest;

(b) describe the reason for protesting the granting of a license;

(c) identify the appropriate action by:

(i) providing the license number and accurate trade name or applicant name in a case of a transfer; or

(ii) the trade name and applicant name and stating that it is for a new application for an original Montana all-alcoholic beverages license; and

(d) be received by the department by the published protest letter deadline.

(2) A protest letter containing multiple signatures is considered one protest letter.

(3) If the grounds stated in the protest letter contain public convenience and necessity issues, the prerequisite number of protest letters required to initiate a public convenience and necessity hearing, as defined in 16-4-207, MCA, must be received.

(4) Pursuant to 16-4-203, MCA, protests are limited to the operation of the alcoholic beverage license only.

(5) A protest letter which fails to meet the criteria in (1) through (4) will not be considered.

Mont. Admin. r. 42.12.109

NEW, 2000 MAR p. 1762, Eff. 7/14/00; AMD, 2003 MAR p. 21, Eff. 1/17/03; AMD, 2024 MAR p. 2303, Eff. 9/21/2024

AUTH: 16-1-303, MCA; IMP: 16-4-203, 16-4-207, MCA