Rule 42.31.208 - CONTESTED CASE AND JUDICIAL REVIEW OF DETERMINATIONS(1) A determination by the department that a product is a cigarette pursuant to 16-11-102, MCA, may be contested in the manner prescribed in 15-1-211, MCA, and ARM 42.2.613 through 42.2.620.(2) In a contested case before the department, the burden of proof shall be on the manufacturer to establish by clear and convincing evidence that the product is not a cigarette as defined in 16-11-102, MCA.Mont. Admin. r. 42.31.208
NEW, 2007 MAR p. 124, Eff. 1/26/07.16-11-103, MCA; IMP, 15-1-211, 16-11-102, 16-11-149, MCA;