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Rule: 32.2.102 Prev     Up     Next    
Rule Title: BOARD OVERSIGHT OF AGENCY ACTIONS
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Department: LIVESTOCK, DEPARTMENT OF
Chapter: OVERALL DEPARTMENT RULES
Subchapter: General Procedural Rules
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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32.2.102    BOARD OVERSIGHT OF AGENCY ACTIONS

(1) When a private citizen feels a decision of an agent of the department of livestock is unfair and if carried to completion will result in unnecessary inconvenience or harm to him, he may seek the reversal of the decision by requesting the board of livestock in writing to stop the implementation of the decision, or to otherwise modify its impact. Upon receipt of the letter, the matter must be placed upon the agenda of the next regular meeting of the board.

(2) If the action complained of must be halted immediately in order to prevent irreparable harm, the person seeking relief must so state in his letter. In the event the board is not in session at the time the letter is received, the administrator of the division at which the complaint is directed must immediately contact the chairman of the board, or in his absence the vice chairman, who must appoint a member of the board to investigate the act upon the matter as follows:

(a) He must meet as soon as possible with the person seeking relief and the division administrator at a time and place convenient to the parties involved. At the board member's option the meeting may be by conference telephone call.

(b) To the extent that the action taken is dis-cretionary and not required by law, the board member may, if satisfied the action is unfair and will cause unnecessary inconvenience or harm, suspend implementation of the action until the next regular meeting of the board, at which time the full board must consider the matter. In the event the administrator wishes to challenge the decision at the next regular board meeting, he must immediately notify the person seeking relief so he may be present if he desires.

(c) When an administrator whose decision has been reversed by the board member feels the reversal will result in an immediate and serious peril to the public health, welfare or safety he may request an immediate meeting of the board to consider the action. The person seeking relief may

also request a meeting with the board if he is dissatisfied with the board member's decision. Such a meeting may be conducted by conference telephone call, provided the person seeking relief is given the opportunity to participate.

History: Sec. 2-4-201 MCA; IMP, Sec. 2-4-201 MCA; NEW, 1978 MAR p. 577, Eff. 4/25/78.


 

 
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