Administrative Rules of Montana
Department 32 - LIVESTOCK
Chapter 32.24 - BOARD OF MILK CONTROL
Subchapter 32.24.5 - Quota and Pooling Rules
Rule 32.24.507 - REQUEST FOR REVIEW AND APPEALS PERTAINING TO QUOTA
Current through Register Vol. 6, March 22, 2024
(1) After quota is reassigned or readjusted as provided for in ARM 32.24.505, any eligible producer may request review from the producer committee on the grounds that the eligible producer's production history is not appropriate because of unusual conditions during the production measurement period used to prorate reassigned or readjusted quota, such as loss of buildings, herds, or other facilities as the result of fire, floods, storms, official quarantine, disease, pesticide residue or condemnation of milk.
(2) A producer may request review from the producer committee to consider whether the producer should be an eligible producer even though, because of hardship, the producer failed or will fail to deliver milk to a pool plant for 90 consecutive days.
(3) A producer may make a request for review of quota ownership not later than 45 days after the notice of change in quota balance or after the occurrence of the alleged hardship. The request must be filed with the bureau, who will forward the request to the producer committee. The request must set forth:
(4) With respect for a producer's request for review of production history, quota, forfeiture of quota, or other related problems, the producer committee may grant or adjust production history quota on average daily producer milk deliveries for the production measurement period in question , delay forfeiture of quota, or restore forfeited quota .
(5) Producer committee decisions are subject to appeal to the board .
(6) The board must hear an appeal within 90 days of when the bureau received the appeal.
(7) An appeal will be heard as follows:
(8) In ruling on the appeal from the producer committee's decision the board will not overrule or modify the decision of the producer committee unless:
(9) On review of a producer committee's decision, the board must not substitute its judgment (second guess) for that of the producer committee as to the weight of the evidence on question of fact.
(10) An appeal that the board overturns (the producer committee's decision) is final and does not have to be approved by the producer committee. The board will instruct the bureau how to make equitable remedy .
(11) The bureau must maintain records of all requests for review made to the producer committee and the disposition thereof. Such files must be open for inspection by any interested persons during the regular office hours of the bureau.
AUTH: 81-23-302, MCA; IMP: 81-23-302, MCA