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17.30.109    APPEAL TO THE BOARD

(1) Within 30 days after the date of final action by the department under ARM 17.30.108, the applicant or any person or entity whose substantial interests are adversely affected by the action may appeal the department's action to the board. The appeal must be in writing and set forth the positions of the appealing party, the basis for the appeal, and the alleged errors of fact or law that were made by the department.

(a) Upon filing of an appeal under this section, the board shall appoint a hearing examiner.

(b) A hearing conducted under this section must be conducted pursuant to the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.

(2) If a decision of the department made under ARM 17.30.108 undergoes review by the board under this section, the department shall notify the licensing or permitting agency that certification is suspended for the period in which the department's decision is under review by the board.

(3) The final decision of the board is judicially reviewable as provided under the Montana Administrative Procedure Act, Title 2, chapter 4, part 7, MCA.


History: 75-5-401, MCA; IMP, 75-5-402, 75-5-403, MCA; NEW, 1991 MAR p. 2033, Eff. 11/1/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2018 MAR p. 2517, Eff. 12/22/18.

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