Rule 24.171.701 - NCHU CATEGORIES, TRANSFERS, AND RECORDS(1) Only one NCHU is required of an outfitter per client, regardless of the number of big game, upland birds, waterfowl, or turkey pursued in a given year.(2) In cases where a federal agency limits an outfitter's use of federal lands by some means other than NCHU, an outfitter is not required to have NCHU to perform services on those lands.(3) NCHU owned by a licensee is part of the operations plan and may be transferred only with notice to the board. Transfers between or among licensees are routinely processed by the department. A license that has expired may not be part of a NCHU transfer, and any NCHU that is recorded as part of the operations plan of a license that terminates or is revoked ceases to exist upon termination or revocation.(4) Each outfitter entering into a transfer of NCHU with one or more other outfitters must do so by completing a transfer request form prescribed by the department.(5) The records of the board comprise the official records of NCHU and each purported transfer of NCHU is invalid and void that is not reflected in the board's records. (6) NCHU allocated to a deceased or incapacitated outfitter may be transferred by a personal representative, or a person having power of attorney, guardianship, or other legal authority over the disposition of the outfitter's property or by a successor if an approved successorship has not terminated under ARM 24.171.504. NCHU will expire and shall not be revived if it is not transferred before the license or successorship terminates. The estate, other legal authority, or successor must submit a NCHU transfer request form to the board within one year following the death or incapacity of the outfitter. Authorization is shown by a certified copy of a power of attorney form, letters of appointment as a guardian or personal representative, or by any other procedure allowed under Title 72, MCA, for the transfer of intangible personal property. The one year may be extended by a showing of good cause.Mont. Admin. r. 24.171.701
AMD, 2015 MAR p. 58, Eff. 1/30/2015; AMD, 2015 MAR p. 269, Eff. 3/13/2015; AMD, 2021 MAR p. 1407, Eff. 10/23/2021; AMD, 2023 MAR p. 354, Eff. 4/15/2023; AMD, 2024 MAR p. 2149, Eff. 9/7/2024AUTH: 37-1-131, 37-47-201, MCA; IMP: 37-1-131, 37-47-201, MCA