Montana Code 30-16-303. Participation of state agencies
30-16-303. Participation of state agencies. (1) The legislature directs full participation in the implementation of this chapter by:
Terms Used In Montana Code 30-16-303
- Board of review: means the body established to provide policy direction to the department of revenue in designing and recommending to the legislature the implementation of a plan for a business registration and licensing system. See Montana Code 30-16-103
- Department: means the department of revenue established in 2-15-1301. See Montana Code 30-16-103
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- License: means the whole or part of any agency permit, license, certificate, approval, registration, or charter or any form or permission required by law or administrative rule to engage in any retail, wholesale, consumer service, manufacturing, or distributing activity, including the production of energy using an alternative renewable energy source as defined in 15-6-225. See Montana Code 30-16-103
- Plan: means the business registration and licensing system and the procedures developed by the board of review that are under the administrative control of the department. See Montana Code 30-16-103
- Quorum: The number of legislators that must be present to do business.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)the departments of agriculture, environmental quality, revenue, justice, labor and industry, and public health and human services;
(b)the public service commission; and
(c)other agencies as directed by the governor.
(2)The board of review may include licenses not specified in 30-16-301 in a plan for streamlined registration and licensing if:
(a)the agency administering the license requests that the license be included in the plan;
(b)the board of review approves including the license by a majority vote of a quorum of the board of review; and
(c)licensees affected by the license’s inclusion in the plan are given 60 days’ notice of the plan’s implementation and the notice sets forth in detail the changes in the licensing procedures.
(3)If a license is included in a streamlined registration and licensing plan pursuant to subsection (2):
(a)the agency administering the license may provide for a variance in the timing of the payment of the license fee and a variance in the application form, filing date, and penalty provisions in order to conform with the plan’s criteria;
(b)the board of review shall provide for the equitable proration to the agency administering the license of any fees paid by a licensee prior to the plan’s implementation; and
(c)the license must be processed and issued by the department of revenue as provided in this chapter.
(4)(a) In order to defray the costs associated with administering a streamlined registration and licensing plan, the department may require a transfer of funds from the participating agencies in an amount equal to no more than one-half of the total cost of processing and issuing a license.
(b)The amount remaining of the total cost of processing and issuing a license may be charged to the license applicant.
(c)The amount of funds transferred by an agency must be based on the number of licenses processed and issued on behalf of that agency versus the total number of licenses processed and issued under the streamlined registration and licensing plan.