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(1) For a local board of health to qualify for reimbursement under 50-52-302 , MCA, the local health authority shall either:

(a) enter into a written, signed cooperative agreement with the department that meets the requirements of 50-52-302 (1) , MCA, and establishes the duties and responsibilities of the local health authority and department; or

(b) meet each of the following requirements:

( i ) demonstrate by February 1 of each year that at least one person working for the local health authority has been determined by the department to be qualified to make trailer court and campground inspections under Title 50, chapter 52, MCA, and rules promulgated thereunder ; and

(ii) ensure that the local board of health, local health officer, sanitarian-in-training, or registered sanitarian:

(A) using forms approved by the department, submits quarterly reports to the department within 10 days following the close of each quarter of the fiscal year (first quarter ending September 30; second quarter ending December 31; third quarter ending March 31; fourth quarter ending June 30) ;

(B) upon request by the department, conducts an inspection to determine compliance with the requirements of this subchapter;

(C) performs inspections of each campground and trailer court within its jurisdiction at least once every 12 months, unless waived on a case-by-case basis by the department;

(D) provides copies of program documentation, including but not limited to inspection reports, plans of correction, and enforcement actions within seven days after receipt of a written request by the department, and keeps all documentation for a period of five years from the date of its creation; and

(E) demonstrates to the department, on a quarterly basis within 30 days following the close of each quarter of the fiscal year, that it has expended department reimbursements under this rule and 50-52-302 , MCA, only for inspections of establishments licensed under Title 50, chapter 52, MCA, or for enforcement of Title 50, chapter 52.

(2) A failure by the local health authority to meet all of these minimum performance requirements shall result in withholding of funds payable to the local board of health under 50-52-302 , MCA, for the period of noncompliance, as determined by the department.

History: Sec. 50-52-102 and 50-52-301, MCA; IMP, Sec. 50-52-302, MCA; NEW, 1995 MAR p. 634, Eff. 4/28/95; TRANS, from DHES, 2001 MAR p. 2425.

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