(1) A lead applicant or grant recipient has the right to appeal when the department:

(a) decides not to award funding for a grant application;

(b) awards less grant funding than requested in the application; or

(2) If a lead applicant disagrees with the department's decision to not approve an application, or to approve less funding than was requested, the lead applicant may either:

(a) submit a written request for administrative review within 30 calendar days of the date of the notice of the department's decision regarding the application. The request shall be submitted to the Department of Labor and Industry, Montana EARN Program Grants, P.O. Box 1728, Helena MT 59624-1728, or electronically to MontanaEARN@mt.gov; or

(b) submit a written request for a contested case proceeding, pursuant to the informal procedures provided in 2-4-604, MCA, within 30 calendar days of the date of the notice of final decision of the department. The final decision of the department may be the result of an administrative review requested pursuant to (2)(a). The request shall be submitted to the address in (2)(a).

(3) In any request for review or hearing under this rule:

(a) the lead applicant has the burden to show that the department abused its discretion in making a determination or otherwise failed to provide a fundamentally fair process in its decision making; and

(b) the lead applicant bears the burden of proof and the burden of production of evidence.

(4) A party that receives an adverse final decision under this rule may file a petition for judicial review in District Court pursuant to 2-4-702, MCA.

History: 39-11-305, MCA; IMP, 39-11-305, MCA; NEW, 2020 MAR p. 2420, Eff. 12/25/20.