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Rule Title: REQUESTS FOR A FORMAL CONTESTED CASE HEARING UNDER MAPA
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Department: JUSTICE
Chapter: PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST)
Subchapter: Revocation/Suspension of Certification
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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23.13.704    REQUESTS FOR A FORMAL CONTESTED CASE HEARING UNDER MAPA

(1) Any person aggrieved by a decision of the director or a decision of the council, other than a decision by the director to deny, sanction, suspend, or revoke a certificate, that is not a final decision following a contested case hearing, as provided in 2-4-623, MCA, may request a contested case hearing before the council by following the procedures set forth in Title 2, chapter 4, part 6, MCA.

(2) If the director denies, sanctions, suspends, or revokes an officer's POST certification pursuant to ARM 23.13.703(9) and the officer receives a notice of agency action, then the officer has the right to request a formal contested case proceeding under MAPA, to include a hearing, pursuant to 44-4-403(3), MCA.

(a) The proceedings and hearing can only be initiated by a request from the officer whose certificate was denied, sanctioned, suspended, or revoked, and not by any other person or entity.

(b) To request a hearing, the officer must follow the instructions contained in the "notice of agency action" and notify the appropriate individual or the director that the officer requests a hearing within 30 days of the officer receiving the notice of agency action.

(c) Failure to notify and request a hearing within 30 days of receiving the notice of agency action will constitute a waiver of the right to a hearing.

 

History: 2-15-2029, MCA; IMP, 2-4-201, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.


 

 
MAR Notices Effective From Effective To History Notes
23-13-246 10/28/2017 Current History: 2-15-2029, MCA; IMP, 2-4-201, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.
23-13-240 12/12/2014 10/28/2017 History: 2-15-2029, MCA; IMP, 2-4-201, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14.
23-13-196 8/1/2008 12/12/2014 History: 2-15-2029, MCA; IMP, 2-15-2029, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08.
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