- (1) If a show cause hearing is requested pursuant to ARM 36.12.813, it is the appropriator’s burden to demonstrate by a preponderance of the evidence why the authorization should not be revoked or modified as provided in the verification abstract recommending revocation or modification of the permit or change.
- (2) A show cause hearing under this rule shall be conducted pursuant to the procedural rules in ARM Title 36, chapter 12, subchapter 2.
- (3) Following the show cause hearing, the hearing examiner may adopt the department’s recommendation in the verification abstract, modify the verified abstract, or remand to the department with instructions. The department’s records must be updated according to the final order issued by the hearing examiner.
Authorizing statute(s): 85-2-113, 85-2-402, MCA
Implementing statute(s): 85-2-314, 85-2-315, 85-2-402, MCA
History: NEW, 2025 MAR, Notice No. 2025-157, Eff. 10/1/25.