15-70-305. Issuance of permit -- grounds for refusal -- hearing. (1) Except as provided in subsection (3), upon receipt of the application and bond in proper form, the department shall issue to the applicant a permit to operate as a special fuel user. Each special fuel user's permit is valid until suspended or revoked for cause or otherwise canceled.
     (2) If the special fuel user's permit is surrendered or revoked, the special fuel user shall pay a reissuance fee of $100.
     (3) The department may refuse to issue a special fuel user's permit to any person:
     (a) who formerly held a permit that, prior to the time of filing application, has been revoked for cause;
     (b) who is not the real party in interest and the permit of the real party in interest has been revoked for cause prior to the time of filing the application; or
     (c) upon other sufficient cause being shown.
     (4) Before refusal to issue a permit, the department shall grant the applicant a hearing and shall grant the applicant at least 10 days' written notice of the time and place of hearing.
     (5) A special fuel user's permit is not transferable.

     History: En. Sec. 4, Ch. 162, L. 1955; amd. Sec. 1, Ch. 216, L. 1957; amd. Sec. 8, Ch. 70, L. 1963; amd. Sec. 1, Ch. 61, L. 1969; amd. Sec. 2, Ch. 12, L. 1971; amd. Sec. 3, Ch. 277, L. 1971; amd. Sec. 71, Ch. 405, L. 1973; amd. Sec. 1, Ch. 236, L. 1977; amd. Sec. 1, Ch. 270, L. 1977; R.C.M. 1947, 84-1833(e) thru (g); amd. Sec. 4, Ch. 599, L. 1979; amd. Sec. 5, Ch. 547, L. 1989; amd. Sec. 5, Ch. 525, L. 1993; amd. Sec. 6, Ch. 10, Sp. L. November 1993.