ARM 37.91.6

ARM 37.91.6 Appeals Process

This section establishes the appeals process for certification denial or revocation decisions made by the certification committee under ARM 37.91. Affected parties may appeal in writing to the department director, who may appoint a hearings officer, with further appeal available to district court. As a procedural section within a certification chapter, it governs the same facility types as the broader chapter.

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. 

Authorizing statute(s):
 
53-21-106
, MCA

Implementing statute(s):
 
53-21-106
, MCA

History: 
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.