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
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.