23.8.205 DECERTIFICATION AND FUNDING REDUCTION
(1) The department may determine a certified PSAP is not in compliance with PSAP certification requirements if a certified PSAP:
(a) is not in compliance with any of the requirements of Title 10, chapter 4, MCA, or ARM Title 2, chapter 13, subchapter 3;
(b) uses or distributes funds for any purpose other than those identified in ARM 2.13.314;
(c) does not timely comply with department requirements; or
(d) has not timely provided information requested by the department.
(2) If the department determines a certified PSAP is not in compliance with a PSAP certification requirement, the department shall send the certified PSAP a deficiency letter identifying the PSAP certification requirement that is not met and the action needed to correct the deficiency. The certified PSAP shall have 30 days from the date of the deficiency letter to correct all deficiencies and demonstrate compliance.
(3) A certified PSAP that has received a deficiency letter may request an additional 30 days to correct deficiencies or demonstrate compliance with PSAP certification requirements.
(4) If a certified PSAP disputes a department determination, the certified PSAP may ask the department to provide formal notice of denial and an opportunity for hearing.
(5) Except as provided in (3) or (4), if a certified PSAP has not corrected all deficiencies and demonstrated compliance with PSAP certification requirements within 30 days of the deficiency letter, the department shall provide the certified PSAP notice and an opportunity for hearing under Title 2, chapter 4, part 6, MCA.
(6) The department may appoint a hearing examiner to conduct hearings under 2-4-611, MCA.
(7) The final determination in a contested case regarding PSAP certification is made by the department director.
(8) When the department makes a final determination that a certified PSAP is not in compliance with PSAP certification requirements, the department may:
(a) reduce or suspend payment to the local or tribal government entity or entities involved in the PSAP;
(b) require repayment of funds expended on activities determined not to meet eligibility requirements; and/or
(c) decertify the local government entity or entities involved in the PSAP.
History: 10-4-108, MCA; IMP, 10-4-107, 10-4-108, 10-4-109, 10-4-305, MCA; NEW, 2019 MAR p. 427, Eff. 2/24/18; AMD, 2018 MAR p. 1021, Eff. 5/26/18; AMD, 2019 MAR p. 1368, Eff. 8/24/19; TRANS, from 2.13.310, 2022 MAR p. 833, Eff. 5/28/22.