75-10-749. Allocator selection -- payment of fees. (1) If the preallocation negotiations pursuant to 75-10-748 fail to produce a stipulated agreement within the timeframe provided in 75-10-748, the participating persons shall select an allocator within 30 days after the preallocation negotiations end. All participating persons shall agree on the selected allocator.

(2) Before selection or appointment as an allocator, a person shall disclose all conflicts of interest, including whether the allocator is or has been a relative, attorney, agent, employee, creditor, or contractor of, or in any manner is or has been interested financially or personally with, any person involved in the allocation.

(3) If the participating persons are unable to agree on an allocator within the required 30 days, one or more of the participating persons shall apply for judicial resolution, within 10 days, to the district court in the county where the release occurred or where any potentially liable person under 75-10-715 resides or has a principal place of business or in the district court of the first judicial district. If an application to the district court is not made within 10 days, all persons remain subject to liability as provided in 75-10-715 and the allocation process ends.

(4) Upon selection or appointment of the allocator, the lead person shall advance, if required by the allocator, up to $5,000 toward the allocator's expenses. Any expenses accrued by the allocator for legal or technical expertise must be approved in advance by all the participating persons. The allocator's fees and reasonable expenses must be divided among the participating liable persons, except the orphan share, in proportion to their allocated shares. The orphan share fund established in 75-10-743 is not responsible for any portion of the allocator's fees and expenses.

History: En. Sec. 19, Ch. 415, L. 1997.