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24.16.7537    REQUEST FOR FORMAL HEARING

(1) A party who has received an adverse decision from a compliance specialist may request a formal hearing within 15 days of the date either the determination or the redetermination is mailed or served upon the party.

(2) A request for a formal hearing must be in writing, mailed as specified in the adverse decision, and include the following:

(a) the name and address of the requesting party;

(b) the name and address of the opposing party; and

(c) a statement that the party desires a hearing.

(3) Upon receiving a timely, written request for a formal hearing, the department shall first conduct mediation of the dispute as provided by ARM 24.16.7536. If mediation is unsuccessful, any unresolved issues will be resolved through contested case proceedings in accordance with these rules and Title 2, chapter 4, part 6, MCA.

History: 39-3-202 and 39-3-403, MCA; IMP, 39-3-216, MCA; NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2003 MAR p. 2433, Eff. 10/31/03.

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