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Rule Title: APPEAL PROCESS
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: CERTIFICATION OF MENTAL HEALTH PROFESSIONAL PERSONS
Subchapter: Appeals Process
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.91.601    APPEAL PROCESS

(1) Any action of the certification committee concerning certification denial or revocation may be appealed to the director of the department. All findings and actions of the director will be binding on the certification committee.

(2) The notice of appeal must be directed to the director of the department who may appoint a hearings officer.

(3) The appeal must be in writing setting forth the nature of the grievance and arguments supporting the grievance and actions desired. The appealing party may also present oral argument before the director or hearings officer.

(4) All parties to the appeal will be notified in writing ten days prior to the hearing. The written notice must contain as a minimum, the date, day, time, and location of the hearing.

(5) The guidelines for conducting the hearing will be established by the director.

(6) Any party to the appeal who is dissatisfied with the written decision of the director may appeal to the appropriate district court.

History: 53-21-106, MCA; IMP, 53-21-106, MCA; NEW, 1986 MAR p. 260, Eff. 2/28/86; AMD, 1992 MAR p. 1485, Eff. 7/17/92; TRANS, from DOC, 1998 MAR p. 2039; AMD, 2014 MAR p. 503, Eff. 3/14/14.


 

 
MAR Notices Effective From Effective To History Notes
37-662 3/14/2014 Current History: 53-21-106, MCA; IMP, 53-21-106, MCA; NEW, 1986 MAR p. 260, Eff. 2/28/86; AMD, 1992 MAR p. 1485, Eff. 7/17/92; TRANS, from DOC, 1998 MAR p. 2039; AMD, 2014 MAR p. 503, Eff. 3/14/14.
7/17/1992 3/14/2014 History: Sec. 53-21-106, MCA; IMP, Sec. 53-21-106, MCA; NEW, 1986 MAR p. 260, Eff. 2/28/86; AMD, 1992 MAR p. 1485, Eff. 7/17/92; TRANS, from DOC, 1998 MAR p. 2039.
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