Montana Code 75-7-117. Rules — minimum standards — arbitration agreement
75-7-117. Rules — minimum standards — arbitration agreement. (1) The department of natural resources and conservation, after consultation with the association of conservation districts, shall adopt and may revise rules setting minimum standards and guidelines for the purposes of this part.
Terms Used In Montana Code 75-7-117
- Applicant: means any person presenting notice of a project to the supervisors. See Montana Code 75-7-103
- Department: means the Montana department of fish, wildlife, and parks. See Montana Code 75-7-103
- District: means :
(a)a conservation district under Title 76, chapter 15, in which the project will take place;
(b)a grass conservation district under Title 76, chapter 16, where a conservation district does not exist; or
(c)the board of county commissioners in a county where a district does not exist. See Montana Code 75-7-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Supervisors: means the board of supervisors of a conservation district, the directors of a grass conservation district, or the board of county commissioners where a proposed project is not within a district. See Montana Code 75-7-103
(2)The supervisors of each district shall adopt and may revise by resolution after a public hearing rules setting standards and guidelines for projects and exclusions within their districts that meet, exceed, or are not covered by the minimum standards set by the department under subsection (1).
(3)The department of natural resources and conservation, after consultation with the association of conservation districts, shall prepare an arbitration agreement for use by the conservation districts when an applicant chooses to use arbitration. The arbitration agreement must contain provisions for:
(a)the appointment of arbitrators;
(b)the exercise of power by the arbitrators;
(c)an arbitration hearing process, including time and place for hearing, notification, presentation of witnesses and evidence, cross-examination, subpoenas, depositions, and the issuance of the award or change of award; and
(d)the fees and expenses of arbitration.