N.D. Admin Code 69-05.2-29-03 - Small operator assistance - Eligibility for assistance
An applicant is eligible for assistance if the applicant:
1. Intends to apply for a permit
under North Dakota Century Code chapter 38-14.1.
2. Establishes that the probable total actual
and attributed production for eachyear of the permit will not exceed three
hundred thousand tons [272155.41 metric tons]. Production from the following
will be attributed to the permittee:
a. All
coal produced by operations beneficially owned entirely by the applicant or
controlled, by reason of ownership, direction of the management or in any other
manner, by the applicant.
b. The
pro rata share, based upon percentage of beneficial ownership, of coal produced
by operations in which the applicant owns more than a ten percent interest.
c. All coal produced by persons
who own more than ten percent of the applicant or who, directly or indirectly,
control the applicant by reason of stock ownership, direction of the
management, or in any other manner.
d. The pro rata share of coal produced by
operations owned or controlled by the person who owns or controls the
applicant.
e. All coal produced by
operations owned by members of the applicant's family or relatives unless it is
established that there is no direct or indirect business relationship between
or among them.
3. Is
not restricted in any manner from receiving a permit.
4. Does not organize or reorganize the
applicant's company solely for the purpose of obtaining assistance under the
small operator assistance program.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-03, 38-14.1-37
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