Rule 36.12.202 - DEFINITIONSAs used in these rules, the following definitions apply:
(1) "Applicant" means a person who filed an application.(2) "Application" means any application which has been filed pursuant to Title 85, chapter 2, MCA for appropriating water or changing appropriation rights.(3) "Department" means the department of natural RESOURCES AND CONSERVATION.(4) "Director" means the director of the department or the director's designee.(5) "Final decision-making" means all events after the issuance of a proposal for decision necessary to the completion of a final order.(6) "Hearing examiner" means the person or persons assigned by the director to hear the contested case and to participate in the final decision-making process.(7) "Notice of application" means the notice prepared and published by the department pursuant to 85-2-307, MCA.(8) "Objection" means an objection to an application filed in accordance with Title 85, chapter 2, MCA.(9) "Objector" means a person who filed an objection.(10) "Party" means those persons who are applicants, timely objectors, petitioners or permittees under Title 85, chapter 2, parts 3, 4, 5 and 8, MCA and are entitled as of lawful right to a contested case hearing.(11) "Permit" means a permit to appropriate water issued by the department under Title 85, chapter 2, part 3, MCA.(12) "Person" means an individual, association, partnership, corporation, state agency, political subdivision, the United States or any agency thereof, or any other entity. 85-2-102(10), MCA.(13) "Petition" means the document filed with the department pursuant to 85-2-505(2), MCA.(14) "Proceeding" means all events, including prehearing conferences, hearings, orders, and proposals for decision, necessary to the completion of the hearing process.(15) "Service; serve" means personal service or service by first class United States mail, postage prepaid and addressed to a person's last known address. Proof of service shall be made by the person making such service. Service by mail is complete upon the placing of the item to be served in the mail. Agencies of the state of Montana may also serve by depositing the item to be served with the mail and distribution section, general services DIVISION, department of administration.(16) "Staff" means a person employed or retained by the department.(17) "Timely objector" means a person who filed an objection to an application with the department by the date specified in the notice of application. Objections that are postmarked on or before or personally delivered by the date specified in the notice of application shall be deemed as timely filed.(18) "Untimely objector" means a person who did not file an objection to an application by the date specified in the notice of application, but who objects to an application sometime thereafter.Mont. Admin. r. 36.12.202
NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94; AMD, 2000 MAR p. 636, Eff. 2/25/00.2-4-201 and 85-2-113, MCA; IMP, 2-4-201 and 85-2-113, MCA;