Mont. Admin. r. 42.12.504

Current through Register Vol. 23, December 6, 2024
Rule 42.12.504 - DETERMINATION OF SUCCESSFUL COMPETITIVE BIDDER AND SUBMISSION OF COMPLETED APPLICATION
(1) The department shall rank all qualified bidders by bid amount.
(2) In the event a bidder places multiple bids, the department shall accept the highest bid placed by the bidder.
(3) In the event of the highest bid resulting in a tie, the department shall notify those bidders to request the bidders to submit a new bid.
(4) The department shall notify the highest (i.e., successful) bidder in writing. The department shall also notify all other bidders that the successful bidder was notified.
(5) The successful bidder shall have 60 days to submit the application for licensure from the day the notification was received. Up to 60 additional days may be granted to the successful bidder upon the department receiving and approving a written request by the successful bidder that explains the need for additional time. If the successful bidder does not submit a completed application for licensure within the allotted time, the successful bidder will be disqualified. Once the successful bidder submits its license application to the department, the bidder becomes the applicant for all purposes relative to the requirements and qualifications for licensure.
(6) All applications for licensure must be made in the name of the individual successful bidder of the competitive bid, or a business entity that is wholly owned by the successful bidder. For example, John Doe is the successful bidder of a license in a competitive bid process, so the applicant for the issuance of the license may either be John Doe, individually, or a corporation or limited liability company in which John Doe maintains the only ownership interest.
(7) License applications that do not comply with (6) will be disqualified and the department will proceed as provided in (10).
(8) The applicant must meet all other licensing and premises suitability requirements in order for a license to be issued by the department. Once the application has been approved by the department, the applicant becomes a licensee.
(9) Failure to pay the bid amount by the time the department is ready to approve the license will result in disqualification and the application for licensure will be denied.
(10) If the application for licensure is not approved or the license is forfeited pursuant to 16-4-430(7), MCA, the next highest bidder will be notified in writing. The next highest bidder shall comply with the requirements of (5) through (9) and 16-4-430(4), MCA.

Mont. Admin. r. 42.12.504

NEW,2018 MAR p. 1613, Eff.8/11/2018; AMD, 2019 MAR p. 2385, Eff. 12/28/2019; AMD, 2021 MAR p. 1152, Eff. 9/11/2021; AMD, 2024 MAR p. 2303, Eff. 9/21/2024

AUTH: 16-1-303, 16-4-105, 16-4-201, 16-4-204, 16-4-420, MCA; IMP: 16-4-105, 16-4-201, 16-4-204, 16-4-420, 16-4-430, MCA