Montana Code 80-2-301. Plant sampling provided — fees — rulemaking authority
80-2-301. Plant sampling provided — fees — rulemaking authority. (1) In a dispute in which a plant sample would serve a useful purpose to clarify, quantify, or settle the dispute, either party may file with the department a request that the department provide sampling services.
Terms Used In Montana Code 80-2-301
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2)The department shall charge a fee that covers the costs of providing the sampling service. Costs associated with sampling must be paid by the person who requested the sampling unless:
(a)both parties agree to a different assignment of costs through a contractual or settlement agreement; or
(b)a different allocation has been ordered through mediation or a court order.
(3)The department shall adopt rules to implement this section.