reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.23 - Grading of Cherries › Rule 4.12.2311 - SWEET CHERRIES - MONTANA GRADES DEFINED

Current through Register Vol. 13, July 5, 2024
(1)
				Montana No. 1 shall be equivalent to U.S. No. 1 with the exception of
				tolerances for defects en route or at destination. Montana No. 1 shall allow 24
				percent for cherries in any lot which fail to meet the requirements of this
				grade: PROVIDED, that included in this amount not more than the following
				percentages shall be allowed for defects listed:
(a) eight percent for cherries which fail to
				meet the requirements for this grade because of permanent defects; or
(b) six percent for cherries which are
				seriously damaged, including therein not more than four percent for cherries
				which are seriously damaged by permanent defects and not more than two percent
				for cherries which are affected by decay.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2601 - DEFINE WHOLESALER (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-610 MCA;
					 IMP,
					 80-3-303
					 and
					 80-3-601
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2602 - RECORDS KEPT BY WHOLESALER DEALER (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-610 MCA;
					 IMP,
					 80-3-303
					 and
					 80-3-306
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2603 - REPORT ON CONDITION OF PRODUCT WITHIN A REASONABLE LENGTH OF TIME (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-610 MCA;
					 IMP,
					 80-3-303
					 and
					 80-3-607
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2604 - CLARIFICATION AND ENFORCEMENT OF ACT-HEARINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-610 MCA;
					 IMP,
					 80-3-303
					 and
					 80-3-610 MCA;
					 IMP,
					 80-3-303,
					 80-3-605,
					 80-3-608 and
					 80-3-609
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2605 - NOTICE OF FORMAL HEARING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-610 MCA;
					 IMP, Sec.
					 80-3-608
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2606 - STATUS OF COOPERATIVE ASSOCIATIONS IN AGRICULTURAL PRODUCTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-610 MCA;
					 IMP, Sec.
					 80-3-303
					 and
					 80-3-601
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2607 - PRODUCE WHOLESALE-MEANING OF TERM-WHO MAY TRANSPORT PRODUCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-3-602, MCA; IMP:
					 80-3-610,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2608 - TRANSFER OF LICENSE-PROHIBITED (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-3-303
					 and
					 80-3-610 MCA;
					 IMP,
					 80-3-303
					 and
					 80-3-603
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2609 - THE WORD "TRUCK" DEFINED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-610 MCA;
					 IMP,
					 80-3-303
					 and
					 80-3-603
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2610 - PRODUCE WHOLESALER LICENSE-WHO SHALL PAY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-610 MCA;
					 IMP,
					 80-3-303
					 and
					 80-3-602
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2611 - DEALERS AT RETAIL - DEFINED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-610 MCA;
					 IMP,
					 80-3-303
					 and
					 80-3-602
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2612 - LICENSE AND BOND FOR WHOLESALE DEALERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-610 MCA;
					 IMP, Sec.
					 80-3-603
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2613 - SURETY BOND FOR WHOLESALE DEALERS IN AGRICULTURAL PRODUCTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303,
					 80-3-603 and
					 80-3-610 MCA;
					 IMP, Sec.
					 80-3-303
					 and
					 80-3-603
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2614 - ONE HUNDRED FIFTY MILE LIMIT REQUIREMENT - TRANSPORTATION OF PRODUCE GROWER (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec. 80-3-209 and
					 80-3-303
					 MCA; IMP, Sec.
					 80-3-303
					 and
					 80-3-701
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2615 - VERIFICATION OF 'MONTANA-GROWN' PRODUCE OR PRODUCE 'GROWN' IN MONTANA

Current through Register Vol. 13, July 5, 2024
(1) "Montana-grown" produce or produce
				"grown" in Montana shall mean produce actually grown by a person upon owned or
				leased premises in Montana.
(2)
				"Leased premises" for the purpose of this rule, shall mean premises over which
				the lessee has complete jurisdiction for the crop season.
(3) The term "actually grown" shall mean that
				the person, or those actually in his paid employ shall have done all things
				necessary for the production of such crops and produce, including irrigation,
				planting, pruning, and harvesting throughout the entire crop season.
AUTH:
					 80-3-303,
					 80-3-709 MCA; IMP:
					 80-3-303,
					 80-3-701
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2616 - MOTOR VEHICLE - PROOF OF CERTIFICATE OF TITLE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-709 MCA;
					 IMP,
					 80-3-303
					 and
					 80-3-701
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2617 - EXPIRATION DATE OF ALL PERMITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-704 MCA;
					 IMP, Sec.
					 80-3-303
					 and
					 80-3-704
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2618 - BOND SCHEDULE FOR ITINERANT MERCHANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-709 MCA;
					 IMP,
					 80-3-303
					 and
					 80-3-705
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2619 - BOND CONDITIONS CANCELLATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303
					 and
					 80-3-603 MCA;
					 IMP,
					 80-3-303,
					 80-3-603 and
					 80-3-705
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.26 - Wholesalers and Itinerant Merchants › Rule 4.12.2620 - CERTIFICATES OF DEPOSIT OR OTHER BOND EQUIVALENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-3-303,
					 80-3-603,
					 80-3-610,
					 80-3-705 and
					 80-3-709 MCA;
					 IMP,
					 80-3-303,
					 80-3-603 and
					 80-3-705
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3001 - EQUIPMENT STANDARDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-5-139,
					 MCA; IMP,
					 80-5-139,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3002 - HANDLING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) All seed
				conditioning plants shall:
(a) account to the
				producer for all seed lots submitted to the plant. The conditioning report or
				scale ticket shall show gross weight of seed received, cleanout (screenings and
				air loss) and clean seed yield for each lot. The department exempts plants from
				weighing the clean seed yield if seed is treated in the same operation to
				prevent contamination of the scale, food, or feed;
(b) post a basic price schedule for seed
				conditioning operations;
(c) obtain
				reference seed samples - of each lot in the following manner:
(i) obtain a "dirt" or unclean seed sample at
				time of delivery and identify it properly;
(ii) obtain a sample of the cleaned seed and
				identify it properly;
(iii) sample
				sizes to be obtained should be the minimum amount required for seed testing as
				prescribed by the Association of Official Seed Analysts, "Rules for Testing
				Seeds," in general, these are:
(A) 500 grams
				or 18 ounces for cereal crops and large seeded legumes;
(B) 110 grams or 4 ounces for small seeded
				legumes and grasses; and
(C) 150
				grams or 6 ounces for wheat grasses and seeds of similar
				size.
(iv) retained
				samples for one year after the seed has been cleaned. If a problem occurs with
				the crop that is related to the seed cleaning or treatment, or if the producer
				is not satisfied with the cleaning of the seed, the samples shall be retained
				until all parties reach a mutual agreement or until litigation has been
				completed:
(A) seed conditioning plants that
				clean only common cereal grain seeds are not required to obtain samples unless
				management chooses or the producer requests that samples be taken. If samples
				are taken, the aforementioned sample procedure shall be followed;
(B) handle each lot of seed received in such
				a way as to maintain its identity and prevent contamination; and
(C) reserve the right to refuse any material
				for conditioning or storage when, in the manager's or operator's opinion, it
				will be unfit for seed purposes or will contaminate or otherwise destroy the
				effectiveness or efficiency of the plant
				operation.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3003 - TYPES OF SEED THAT CONDITIONING PLANTS ARE AUTHORIZED AND LICENSED TO CLEAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-5-139,
					 MCA; IMP,
					 80-5-139,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3004 - HANDLING OF SCREENINGS

Current through Register Vol. 13, July 5, 2024
(1) Screenings
				originating at an in-state conditioning plant shall:
(a) be stored in tight bins or containers so
				weed seed cannot be scattered by wind, birds, rodents, or by other
				means;
(b) not be sold or given
				away until the viability of the prohibited noxious weed seed has been
				destroyed, except as allowed by state law for feed buyers. Montana growers may
				request the return of screenings from their own production for personal use
				provided that screenings are transported in tightly closed containers. To
				comply with this rule:
(i) feed buyers must
				have a facility that will destroy the viability of prohibited noxious weed
				seeds;
(ii) seed conditioning
				plants may utilize other facilities that are capable of destroying the
				viability of prohibited noxious weed seeds; and
(iii) seed conditioners that sell or give
				away screenings are responsible for confirming that the feed buyer has a
				facility with approved methods for destroying the viability of prohibited
				noxious weed seeds.
(c)
				be labeled if screenings are bagged, or a written notice provided to the feed
				buyer purchasing screenings in bulk. Such label or notice shall state: "WARNING
				- THESE SCREENINGS MAY CONTAIN PROHIBITED NOXIOUS WEEDS. FEED BUYERS, BY LAW,
				ARE RESPONSIBLE FOR DESTROYING THE VIABILITY OF THE WEED SEED PRIOR TO THE
				MANUFACTURE OF FEED OR FEEDING."
(d) the viability of prohibited noxious weed
				seed shall be destroyed by using methods which are evaluated and approved by
				the department. Such methods may include the use of a rotary grinder, a hammer
				mill, steam, or a combination of steam and pressure, or any other acceptable
				method, provided that the method used is evaluated by the department for
				acceptability and effectiveness; and
(e) be transported only in tightly closed
				containers that will prevent the loss of weed seed in transit. The container
				must be cleaned after unloading.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3005 - POSTING OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) All licensed
				seed facilities shall have their license posted in a conspicuous place or shall
				provide proof of licensing upon request.
80-5-139,
					 MCA; IMP,
					 80-5-130,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3006 - BONDING AND INSURANCE REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-5-202,
					 MCA; IMP,
					 80-5-202,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3007 - AGRICULTURAL SEED LICENSING FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-5-139,
					 MCA; IMP,
					 80-5-139,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3008 - LICENSE YEAR

Current through Register Vol. 13, July 5, 2024
(1) All licenses
				are issued on a fiscal year basis and expire on June 30 of each year.
AUTH:
					 80-5-139, MCA; IMP:
					 80-5-130,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3009 - REPORTING AND ASSESSMENT OF SEED SALES

Current through Register Vol. 13, July 5, 2024
(1) All
				out-of-state seed labelers shall report all sales of agricultural seed in
				Montana as defined in
				80-5-131,
				MCA.
(2) These reports shall be on
				forms provided or approved by the department and must contain the gross annual
				sales by type of agricultural seed sold in Montana during the 12 months (July 1
				through June 30).
(3) These reports
				and the fee of 25 cents per $100 in gross sales shall be due not later than
				July 31 of each year for the preceding 12-month period.
(4) An additional collection fee of 10
				percent of the amount due but not less than $10 shall be assessed to any seed
				labeler whose report and assessment is not received by the department by the
				July 31 deadline.
80-5-131,
					 MCA; IMP,
					 80-5-131,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3010 - PROHIBITED NOXIOUS WEED SEEDS

Current through Register Vol. 13, July 5, 2024
(1) Seeds
				offered for sale or sold shall not contain any prohibited noxious weed seeds as
				designated under the Montana County Weed Act (
				7-22-2101(7) (a)
				(i), MCA).
80-5-139,
					 MCA; IMP,
					 80-5-120,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3011 - RESTRICTED WEED SEEDS

Current through Register Vol. 13, July 5, 2024
(1) The name and
				number of restricted weed seed must be shown on the label. When the number of
				restricted weed seeds exceeds the allowance, the seed lot is prohibited for
				sale in Montana.
(2) Seeds offered
				for sale or sold shall not contain the following restricted weed seeds in
				quantities in excess of those listed below:
Common Name
Species
No. of Seeds Per Pound
(a) Quackgrass
(Agropyron repens)
0
(b) Perennial Sowthistle
(Sonchus arvensis)
0
(c) Wild Oats
(Avena fatua)
45 of grass seed 5 of all other seed
(d) Dodder
(Cuscuta spp.)
9
(e) Curly Dock
(Rumex crispus)
45
(f) Jointed Goatgrass
(Aegilops cylindrica)
0
(g) Persian Darnel
(Lolium persicum)
9 of grass seed 0 of all other seed
(h) Palmer Amaranth
(Amaranthus palmeri)
0
AUTH:
					 80-5-139,
					 MCA; IMP:
					 80-5-120,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3012 - CIVIL PENALTIES - ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) Whenever
				the department has reason to believe that a violation of Title 80, chapter 5,
				MCA, or any adopted rule thereunder has occurred and the department finds it in
				the public interest to assess a civil penalty, it may initiate a civil penalty
				action pursuant to the Administrative Procedure Act.
(2) Each violation shall be considered a
				separate offense and is subject to a separate penalty not to exceed $1,000.
				Each violation within a lot of seed may be considered a separate offense. A
				repeat violation shall be considered a first violation if it occurred two or
				more years after the previous violation.
(3) The penalty matrixes set forth in this
				rule establish the basic penalty value for each offense. Factors dealing with
				the violation may cause the matrix penalty to increase or decrease. To
				determine the appropriate penalty, the department may consider the gravity of
				the violation, degree of care exercised, and financial hardship.
80-5-139,
					 MCA; IMP,
					 80-5-120,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3013 - CIVIL PENALTIES - MATRIX

Current through Register Vol. 13, July 5, 2024
Type of Violation
1st
Offense
2nd
Offense
Subsequent
Offenses
(1) Fail to obtain a license.
$200
$500
$1000
(2) Misrepresent information supplied regarding
							 exemption from licensing requirements.
200
500
1000
(3) Sell or transport seed lots that:
(a) contain technical violations in labeling that do
							 not seriously affect the quality of seed;
100
300
500
(b) contain more than 2% common weed seeds;
200
500
1000
(c) contain restricted weed seed above the tolerances;
200
500
1000
(d) contain prohibited noxiousweed seed;
200
500
1000
(e) contain technical violations in labeling that
							 seriously affect the quality of the lot of seed;
200
500
1000
(f) have expired germination test;
100
300
500
(g) are falsely or misleadingly advertised; and
200
500
1000
(h) are misbranded or mislabeled.
200
500
1000
(4) Sell, transport, label, advertise, or represent
							 seed as certified seed:
(a) without a label issued by the seed certifying
							 agency; and
100
300
500
(b) without a determination from the seed certifying
							 agency that the seed conforms to standards.
200
500
1000
Type of Violation
1st
Offense
2nd
Offense
Subsequent
Offenses
(5) Sell or transport seed that is protected under the
							 Plant Variety Protection Act without:
(a) authority of the owner; and
$1000
$1000
$1000
(b) the required seedcertification.
1000
1000
1000
(6) Detach, alter, deface, or destroy a label.
300
600
1000
(7) Alter or substitute seed.
300
600
1000
(8) Disseminate false or misleading advertisement.
300
600
1000
(9) Hinder or obstruct an authorized person in
							 performanceof duties.
500
1000
1000
(10) Fail to comply with a stop sale order.
1000
1000
1000
(11) Fail to comply with Title 80, chapter 5, part 1,
							 MCA or rules promulgated thereunder.
100
300
500
(12) Use "trace" as a substitute for required
							 statement.
100
300
500
(13) Use "type" in labeling in connection with variety
							 name.
100
300
500
(14) Move or use screenings in violation of
							 80-5-135,
							 MCA.
200
500
1000
(15) Fail to pay assessment.
1000
1000
1000
(16) Fail to submit a report of sales.
200
500
1000
80-5-139,
					 MCA; IMP,
					 80-5-136,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3014 - GRAVITY OF VIOLATIONS, DEGREE OF CARE, AND FINANCIAL HARDSHIP

Current through Register Vol. 13, July 5, 2024
(1) In evaluating the gravity of a violation,
				the department may consider certain factors that may increase or decrease the
				penalty matrix value. The following are examples of gravity factors that may be
				considered:
(a) the extent, type, kind,
				nature, and severity of harm;
(b)
				the potential of the violation to cause harm;
(c) history of compliance;
(d) timeliness in correcting a
				violation;
(e) cooperation during
				an inspection or investigation;
(f)
				the number of violations;
(g)
				timely and voluntary settlement of damages; and
(h) knowledge of the law that was
				violated.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3015 - PROCEDURES FOR COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) A person with
				knowledge of a violation of Title 80, chapter 5, MCA may file a complaint with
				the department. Complaints should be in writing and signed and should provide
				details about the violation. The department, upon receipt of a complaint, may
				proceed with an investigation; however, the lack of a signed and written
				complaint shall not preclude the department from investigating.
80-5-139,
					 MCA; IMP,
					 80-5-133,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3016 - PUBLICATION OF VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may publish, in a form it considers proper, information concerning violations
				of the act or violative seed analyses. Such publication will not occur until
				the responsible person has been given written notice of the violation by the
				department and has exhausted opportunities to contest.
80-5-139,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.30 - Seed Warehouse Rules › Rule 4.12.3017 - SEED LICENSING FEES

Current through Register Vol. 13, July 5, 2024
(1) The
				requirements for seed licensing fees are as follows:
(a) a Montana grower who sells and/or labels
				seed: $75 a year license fee;
(b) a
				Montana seed dealer: $75 a year license fee;
(c) a Montana seed conditioner: $75 a year
				license fee;
(d) a Montana seed
				labeler: $75 a year license fee;
(e) a nonresident seed labeler: $75 a year
				license fee; and
(f) a nonresident
				dealer selling seed into Montana: $130 a year license fee.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this sub-chapter, unless the context requires
				  otherwise, the following definitions apply:
(1) "Coated or encrusted seed" means seed
				that has been covered by a layer(s) of materials that obscure the original
				shape and size of the seed resulting in a substantial weight increase. The
				coating or encrusting may contain biologicals, identifying colorants or dyes,
				pesticides, polymers and/or other ingredients.
(2) "Film-coated seed" means seed that
				retains the shape and the general size of the raw seed with a minimal weight
				gain. The film coating may contain biologicals, identifying colorants or dyes,
				pesticides, polymers and/or other ingredients. The coating shall result in a
				continuous covering.
(3)
				"Hermetically sealed seed" means seed packed in a moisture proof container when
				the container and the seed in the container meet the requirements specified by
				the suggested rules and regulations of the Montana State Seed Law.
(4) "Inoculated seed" means seed which has
				received a coating of a preparation containing a microbial product, e.g.
				Rhizobium sp.
(5) "Official sample"
				means a sample taken from a lot of seed by a representative of a seed
				regulatory official of a state or federal government agency following
				prescribed methods.
(6) "Pelleted
				seed" means coated or encrusted seed that also improves the plantability or
				singulation of the seed.
(7)
				"Pesticide treated seed" means seed with a covering of material(s) whose
				objective is to reduce or control disease organisms, insects or other pests
				attacking the seed or seedlings growing therefrom and may contain identifying
				colorants or dyes.
Sec.
					 80-5-139,
					 MCA; IMP, Sec.
					 80-5-123,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3102 - TREATED OR INOCULATED SEED

Current through Register Vol. 13, July 5, 2024
(1) In addition
				to the label requirements of
				80-5-123,
				MCA for all agricultural, vegetable, flower and indigenous seeds which have
				been treated as defined in
				80-5-120,
				MCA, or inoculated as defined in ARM
				4.12.3101, a label containing the
				following information shall be affixed or accompany the lot:
(a) a word or statement indicating that the
				seed has been treated;
(b) the
				commonly accepted coined, chemical or abbreviated chemical (generic) name of
				the applied substance or description of the process used;
(c) if the substance in the amount present
				with the seed is harmful to human or other vertebrate animals, a caution
				statement such as "do not use for food, feed, or oil purposes." The caution for
				toxic substances shall be a poison statement or symbol; and
(d) if the seed is inoculated, the date
				beyond which the inoculant is not to be considered effective (date of
				expiration).
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3103 - VIABILITY INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) All seed shall
				be labeled with information that indicates the viability of the seed. This
				information shall be in one of the following formats as further stated in these
				rules for different types of seed:
(a) the
				calendar month and year the test was completed to determine the viability
				information percentages;
(b) the
				year for which the seed was packed for sale; or
(c) the date by which the seed must be
				sold.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3104 - LABELING FOR SEED KIND AND VARIETY

Current through Register Vol. 13, July 5, 2024
(1)
				Agricultural seeds must be labeled with kind and variety information as stated
				in this rule:
(a) The following agricultural
				seeds must be labeled to show kind and variety:
(i) barley;
(ii) bean, field;
(iii) beet, field;
(iv) canola;
(v) chickpeas (garbanzo beans);
(vi) corn, field;
(vii) hemp;
(viii) lentils;
(ix) oats;
(x) peas, field;
(xi) safflower;
(xii) soybean; and
(xiii) wheat.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3105 - AGRICULTURAL SEED LABEL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Agricultural seeds that are not more specifically categorized in this
				sub-chapter shall be labeled with the:
(a)
				name and mailing address of the seed labeler;
(b) lot number or other lot identification
				mark;
(c) name of the kind and
				variety, except as provided for in ARM
				4.12.3104, for each agricultural
				seed component present in excess of 5% of the whole and the percentage by
				weight of each. Hybrids shall be labeled as hybrids;
(d) state or foreign country of origin for
				each named agricultural seed. If the origin is unknown, the fact shall be
				stated;
(e) percentage by weight of
				all weed seeds;
(f) name and rate
				of occurrence per pound of each kind of restricted weed seed present;
(g) percentage by weight of other crop
				seeds;
(h) percentage by weight of
				inert matter; and
(i) viability
				information for each named agricultural seed:
(i) percentage of germination, exclusive of
				hard or dormant seed;
(ii)
				percentage of hard seeds may be stated, if present;
(iii) percentage of dormant seed may be
				stated, if present, and the test used to determine dormancy;
(iv) following (1) (i) (i), (ii), and (iii),
				the terms "total germination and hard and/or dormant seed" or "total viable"
				may be used in accordance with this subsection;
(v) as an alternative to (1) (i) (i) through
				(iv), the label may give the percentage of viable seeds as determined by
				methods approved by department rule. The method used to determine viability
				shall be stated on the label; and
(vi) calendar month and year the test was
				completed to determine such percentages.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3106 - LABELING SEED MIXTURES FOR LAWN AND TURF PURPOSES

Current through Register Vol. 13, July 5, 2024
(1) Agricultural seed mixtures for lawn and
				turf
purposes shall be labeled with the:
(a) name and mailing address of the seed
				labeler;
(b) lot number or other
				lot identification mark;
(c)
				commonly accepted name of kind or kind and variety of each agricultural seed
				component in excess of 5% of the whole, and the percentage by weight of pure
				seed in order of its predominance and in columnar form;
(d) word "mix" or derivation thereof stated
				with the name of the mixture;
(e)
				headings such as "pure seed," "germination," or "germ" in the proper
				places;
(f) state or foreign
				country of origin for each named agricultural seed. If the origin is unknown,
				the fact shall be stated;
(g)
				percentage by weight of all weed seeds;
(h) name and rate of occurrence per pound of
				each kind of restricted weed seed present;
(i) percentage by weight of other crop
				seeds;
(j) percentage by weight of
				inert matter. Inert matter shall not exceed 10% by weight. Except for coating
				material, fertilizer and mulch as provided for in this sub-chapter, foreign
				material not common to grass seed shall not be added; and
(k) viability information for each named
				agricultural seed:
(i) percentage of
				germination, exclusive of hard or dormant seed;
(ii) percentage of hard seeds may be stated,
				if present;
(iii) percentage of
				dormant seed may be stated, if present, and the test used to determine
				dormancy;
(iv) following (1) (k)
				(i), (ii) and (iii), the terms "total germination and hard and/or dormant seed"
				or "total viable" may be used in accordance with this subsection; and
(v) calendar month and year the test was
				completed to determine such percentages, the year for which the seed was packed
				for sale, or the sell by date.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3107 - AGRICULTURAL SEED SOLD ON A PURE LIVE SEED BASIS

Current through Register Vol. 13, July 5, 2024
(1) Each container of agricultural seeds that
				is sold on a pure live seed basis in accordance with the Act and these rules
				must bear a label containing the information required in ARM
				4.12.3105 with the following
				exceptions:
(a) the label need not show:
(i) the percentage by weight of each
				agricultural seed component as required by ARM 4.12.3105; or
(ii) the percentage by weight of inert matter
				as required by ARM 4.12.3105; and
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3108 - AGRICULTURAL SEEDS THAT ARE COATED

Current through Register Vol. 13, July 5, 2024
(1) In
				addition to the applicable agricultural seed labeling requirements,
				agricultural seeds that are coated shall be labeled with the:
(a) percentage by weight of pure seeds with
				coating material removed;
(b)
				percentage by weight of coating material;
(c) percentage by weight of inert material
				exclusive of coating material; and
(d) percentage of germination determined on
				400 pellets with or without seeds.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3109 - AGRICULTURAL SEEDS PLACED IN A GERMINATION MEDIUM OR OTHER DEVICE

Current through Register Vol. 13, July 5, 2024
(1) In addition to the applicable
				agricultural seed labeling requirements, agricultural seeds, including lawn and
				turf seeds, placed in a germination medium, mat, tape or other device or mixed
				with mulch shall be labeled with the:
(a)
				product name;
(b) percentage by
				weight of pure seed of each kind and variety named which may be less than 5% of
				the whole; and
(c) percentage by
				weight of inert matter which shall not be less than 70.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3110 - AGRICULTURAL AND VEGETABLE HYBRID SEED CONTAINING LESS THAN 95% HYBRID SEED

Current through Register Vol. 13, July 5, 2024
(1) In addition to the applicable
				agricultural and vegetable seed labeling requirements, agricultural and
				vegetable hybrid seed which contains less than 95% hybrid seed shall be labeled
				with the:
(a) kind or variety labeled as
				"hybrid"; and
(b) percent hybrid
				stated parenthetically in direct association following named variety, i.e.,
				Comet (85% Hybrid).
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3111 - VEGETABLE SEEDS

Current through Register Vol. 13, July 5, 2024
(1) All vegetable
				seeds shall be labeled with the:
(a) name and
				mailing address of the seed labeler;
(b) lot number or other lot identification
				mark; and
(c) name of each kind and
				variety present in excess of 5% and the percentage by weight of each in order
				of its predominance.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3112 - FLOWER SEEDS

Current through Register Vol. 13, July 5, 2024
(1) All flower
				seeds shall be labeled with the:
(a) name and
				mailing address of the seed labeler;
(b) lot number or other lot identification
				mark;
(c) name of the kind and
				variety or a statement of type and performance characteristics if prescribed in
				a specific rule; and
(d) year for
				which the seed was packed for sale, the sell by date or the percentage
				germination and the calendar month and year the test was completed to determine
				such percentage.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3113 - INDIGENOUS SEEDS

Current through Register Vol. 13, July 5, 2024
(1) Indigenous
				seeds, whether in package or bulk, shall be labeled with the:
(a) name and mailing address of the seed
				labeler;
(b) lot number or other
				lot identification mark;
(c)
				statement "Labeled only for reclamation purposes";
(d) common name, genus, species, and
				subspecies when applicable, including the name of each kind of seed present in
				excess of 5%. When two or more kinds of seed are named on the label, the label
				shall specify the percentage of each. When only one kind of seed is present in
				excess of 5% and no variety name or type designation is shown, the percentage
				must apply to seed of the kind named. If the name of the variety is given, the
				name may be associated with the name of the kind. The percentage in this case
				may be shown as "pure seed" and must apply only to seed of the variety
				named;
(e) state or country of
				origin;
(f) percentage of viable
				seed, together with the date of test. When labeling mixtures, the percentage
				viability of each kind shall be stated. The method used to determine viability
				shall be stated on the label;
(g)
				percentage by weight of pure seed;
(h) percentage by weight of all weed
				seeds;
(i) percentage by weight of
				inert matter;
(j) percentage by
				weight of other crop seeds; and
(k)
				name and rate of occurrence per pound of each kind of restricted weed seed
				present.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3114 - COMBINATION MULCH, SEED AND FERTILIZER PRODUCTS

Current through Register Vol. 13, July 5, 2024
(1) For combination mulch, seed and
				fertilizer products, the label shall include the word "combination" followed by
				the words "mulch, seed, fertilizer," or appropriate terms. These words must
				appear on the upper 30% of the principal display panel. The word "combination"
				must be the largest and most conspicuous type on the container, equal to or
				larger than the product name; the words "mulch, seed, or fertilizer," shall be
				no smaller than one-half the size of the word "combination" and close to the
				word "combination." These products shall contain a minimum of 70%
				mulch.
80-5-139,
					 MCA; IMP,
					 80-5-123,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.31 - Seed Labeling Rules › Rule 4.12.3115 - GENUINE GROWER DECLARATION FORM

Current through Register Vol. 13, July 5, 2024
(1) What is a
				genuine grower declaration form? A document required by state law when seeds
				are cleaned or conditioned that creates a written record to help comply with
				intellectual property laws.
(2)
				What is required in a genuine grower declaration form? The grower declaration
				must contain:
(a) a statement that the grower
				either grew the seeds or from whom they received them;
(b) the kind and variety of seed if known;
				and
(c) a signature by the person
				requesting seed cleaning or conditioning.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.32 - Alternative Dispute Resolution Rules › Rule 4.12.3201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The definitions in this subchapter apply to
				  80-5-501
				  through
				  80-5-510,
				  MCA:
(1) "Alternative dispute
				resolution" (ADR) means a process by which the parties agree to submit their
				differences to the judgment of an impartial council.
(2) "Buyer" means a person who buys
				agricultural seed.
(3) "Council"
				means the alternative dispute resolution council established in
				80-5-504,
				MCA.
(4) "Seller" means a person
				selling agricultural seed.
80-5-509,
					 MCA; IMP,
					 80-5-509,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.32 - Alternative Dispute Resolution Rules › Rule 4.12.3202 - BUYER FORMS FOR ALTERNATIVE DISPUTE RESOLUTION

Current through Register Vol. 13, July 5, 2024
(1) The buyer's sworn complaint must be on
				forms provided by the department or in a format containing the following
				information:
(a) name and address of person
				or company filing for alternative dispute resolution;
(i) permission to enter owned or leased
				property for purposes of conducting an investigation of the sworn
				complaint;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.32 - Alternative Dispute Resolution Rules › Rule 4.12.3203 - SELLER'S RESPONSE TO BUYER AND DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) The seller's response filed with the
				department shall contain, but is not limited to the following:
(a) seller name and address;
(b) grower name filing for alternative
				dispute resolution;
(c) date seller
				was first notified of request for alternative dispute resolution;
(d) responses made to the complaint, whether
				they agree or disagree and why;
(e)
				seed lot identification including:
(i) name
				of seed labeler;
(ii) lot
				number;
(iii) certification
				number;
(iv) seed kind;
(v) seed variety;
(vi) seed treatment, (if treated) ;
(vii) any tests conducted on the lot in
				question (purity, germination, barley streak mosaic virus, other) ;
				and
(viii) production year of seed
				lot;
(f) list of any
				additional sales of this lot;
(g)
				list of any other complaints that may have been received; and
(h) seller name, date and
				signature.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.32 - Alternative Dispute Resolution Rules › Rule 4.12.3204 - EXPENSES FOR WITNESSES AND TESTING

Current through Register Vol. 13, July 5, 2024
(1) Upon
				request to, and approval of the council, the buyer or seller may have witnesses
				on their behalf. The expenses for witnesses for either side shall be borne
				entirely by the party producing such witnesses. The costs of grow out tests or
				other tests that may be required that exceed the amount of the filing fee may
				be allocated by the council in making the award.
80-5-509,
					 MCA; IMP,
					 80-5-508
					 and
					 80-5-510,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.32 - Alternative Dispute Resolution Rules › Rule 4.12.3205 - INVESTIGATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Investigation
				procedures may include, but are not limited to the following:
(a) interviewing the buyer of the
				seed;
(b) interviewing the seller
				of the seed;
(c) obtaining
				sample(s) of any remaining seed for grow out tests;
(d) obtaining copies of records of fertilizer
				or pesticide that were applied to the field;
(e) observing the field conditions in
				question and obtaining:
(i) pictures of plants
				growing;
(ii) stand counts of
				plants;
(iii) soil samples for
				analysis of fertilizer and pesticide residue; and
(iv) maps of the field showing patterns or
				findings observed;
(f)
				contacting weather service to obtain weather information during the growing
				season;
(g) contacting university,
				extension, or industry personnel with expertise on crop type in question;
				and
(h) observing other
				documentation as deemed necessary by council members.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.32 - Alternative Dispute Resolution Rules › Rule 4.12.3206 - SCHEDULING OF INFORMAL HEARING

Current through Register Vol. 13, July 5, 2024
(1) The
				presiding officer shall fix the time and place for each informal hearing and
				shall notify each party in writing of the scheduled informal hearing at least
				seven days in advance of that date.
(2) The informal hearing will follow the
				procedures of the Montana Administrative Procedure Act established in
				2-4-603
				and
				2-4-604,
				MCA.
(3) Such notice shall include:
(a) the names and addresses of the parties to
				whom notice has been given;
(b) the
				address and telephone number of the presiding officer of the council;
(c) the names and addresses of the members of
				the council;
(d) the date, time,
				place, and subject of the informal hearing; and
(e) a statement of the legal authority under
				which the informal hearing is being held including the sections of statute and
				rules involved.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.32 - Alternative Dispute Resolution Rules › Rule 4.12.3207 - WAIVER OF INFORMAL HEARING

Current through Register Vol. 13, July 5, 2024
(1) The parties
				may provide, by written agreement submitted to the presiding officer, that the
				informal hearing shall be conducted on the pleadings submitted without oral
				argument or testimony.
(2) The
				council may make their determination through submitted information and are not
				compelled to hold an informal hearing.
80-5-509,
					 MCA; IMP,
					 80-5-509,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.32 - Alternative Dispute Resolution Rules › Rule 4.12.3208 - ALTERNATIVE DISPUTE RESOLUTION COUNCIL REPORT

Current through Register Vol. 13, July 5, 2024
(1) The council shall prepare a written
				report of its findings within the established time frames. The report shall
				include:
(a) findings of fact and
				conclusions;
(b) the award;
				and
(c) allocations as to costs, if
				any.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.32 - Alternative Dispute Resolution Rules › Rule 4.12.3209 - AWARD UPON SETTLEMENT

Current through Register Vol. 13, July 5, 2024
(1) If the parties
				to a dispute settle that dispute during the course of an alternative dispute
				resolution, the council, at the request of the parties, may set forth the terms
				of the agreed settlement in the report. A copy of the agreement reached by the
				parties and a statement requesting withdrawal from alternative dispute
				resolution must be sent to the council.
80-5-509,
					 MCA; IMP,
					 80-5-503,
					 MCA;