The Agency found the tank to be ineligible “because the tank is
not registered and the fees are not paid.” RTC claims that thetank was registered on December 18, 1989 and applicable feespaid.
RTC also
argues that the Agency’s reliance on the affidavit from OSFM waserroneous because it presents a legal conclusion which is not anappropriate subject matter for an affidavit.
RTC has requested a stay of the proceedings until the
conclusion of its appeal to the OSFM.
Rev.
Stat. 1991, ch. 127½, par.
Allowed
scantmp1
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