1. Funds authorized for the small operator assistance program may not be used to cover state administrative costs.

2. The commission will, to the extent practicable, establish a formula for allocating funds among eligible small operators if available funds are insufficient. This formula will include such factors as the applicant's:

a. Anticipated date of filing a permit application.

b. Anticipated date for commencing mining.

c. Performance history.

History: Effective August 1, 1980; amended effective May 1, 1990; October 1, 1994.

General Authority: NDCC 38-14.1-03

Law Implemented: NDCC 38-14.1-03, 38-14.1-37